Cabot/Mortimer claim form for old Egg credit card 'debt'

[sid2gr8]

Name of the Claimant ? MARLIN CAPITAL EUROPE LTD

Date of issue – 27 MAY 2015

 

What is the claim for –

 

By an agreement between Egg Banking plc (EGG) & the defendant on or around 29/10/2005 (the agreement )

EGG agreed to issue the defendant with a credit card.

The defendant failed to make the minimum payments due & the agreement was terminated.

The agreement was assigned to the claimant on 31/01/2013.

THE CLAIMANT THEREFORE CLAIMS

1. 4000

2. interest pursuant to section 69 of the county court act 1984, namely 1400 & continuing until judgment or sooner payment at the rate of 0.93

 

What is the value of the claim? £6200(including court/solicitors fees)

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card

When did you enter into the original agreement before or after 2007? 29/10/2005

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't know, was aware of Barleys taking over

Did you receive a Default Notice from the original creditor? Dont remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Loss of job and family problems

What was the date of your last payment? not sure sometime 2009

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? no

 

 

 

 

I've received county court claim form.

 

 

I've put as much information which i can find or know at the moment.

 

 

Do i have any chance of defending this claim?

 

 

I already have a ccj fron Cabot this year

[sid2gr8]

Send a CCA Request to Marlin Capital Europe ltd? for a copy of my agreement?

 

 

Send a CPR31.14 request to Mortimer Clarke solicitors for copies of documents mentioned/implied within the claim form? (credit card version)

[sid2gr8]

I have now acknowledged on mcol and ticked defend all......

[AndyOrch]

Send a CCA Request to Marlin Capital Europe ltd? for a copy of my agreement?

 

 

Send a CPR31.14 request to Mortimer Clarke solicitors for copies of documents mentioned/implied within the claim form? (credit card version)

 

Correct Sid...doing well so far......follow other threads and keep an eye on your defence date.

 

Regards

 

Andy

[sid2gr8]

I have received this letter, back from Mortimer.....

 

 

Thank you for your letter dated 09/06/2015

 

We confirm our client is willing to agree to the extension of 28 days, for you to file your defense. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.

 

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

 

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

 

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.

 

 

 

What should i do now? claim was issued on 27th may... defense date should filed by 24th june?

[AndyOrch]

Nothing....apart from referring to their failure to comply in your defence...which will affect any costs.

[sid2gr8]

Should my defense be this?

 

 

Particulars of Claim

 

1.By an agreement between Egg Banking plc (EGG) & the defendant on or around 29/10/2005 (the agreement ) EGG agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payments due & the agreement was terminated.

 

3.The agreement was assigned to the claimant on 31/01/2013.

 

 

THE CLAIMANT THEREFORE CLAIMS

1. 4000

2. interest pursuant to section 69 of the county court act 1984, namely 1400 & continuing until judgment or sooner payment at the rate of 0.93

 

I contend that the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I have held an account with Egg Banking PLC for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit act 1974.Therefore any Termination would be an action that the original creditor would be unable to legally take.. Furthermore I deny having received any subsequent notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act 2006.

 

3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 dated xxxxxx The claimant has refused to comply

 

Therefore the Claimant is put to strict proof to:

 

(a) Show how the Defendant has entered into an agreement with the Claimant; and

(b) Show how the Defendant has reached the amount claimed for; and

© Show evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Act 1974.

 

7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

I haven't had any contact with egg, Barclay's since end late 2009. Also not made any payments since then or acknowledged the debt since....

[AndyOrch]

Check it now sid

[sid2gr8]

1. I have held an account with Egg Banking PLC for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

This acknowledge the debt with egg?

[AndyOrch]

It acknowledges with the court that you are aware of the debt......do you wish to deny you have held an agreement with egg?

[sid2gr8]

Not sure, but from what I've been reading there should not be any acknowledgement of the alleged debt without any proof...?

[AndyOrch]

Well unfortunately the proof comes after the defence....so when it comes to that stage and they file all the relevant paperwork...agreement...statements...notice of assignment....better to have stated in your defence you admit to having had financial dealings with egg in the past but cant recall the precise details or balance....rather than stating it is denied I have ever held an account with Egg?

[sid2gr8]

Andy you have way much more knowledge than me in these matters, will go with what you have recommended to me.. What happens if they do unearth the proof after my defence?

[AndyOrch]

If they can disclose they most probably will proceed to trial...if they cant they usually discontinue the claim.....crystal ball really ....but better to submit a defence that does not perjurer yourself in the event that they may?

[sid2gr8]

To confirm issue date of claim was 27th may 2015.......when should I file the defense..... in-case they do unearth something?

 

Any ideas?

 

Do I have to file by 12 tonight?

[dx100uk]

Friday 26th by 4pm

 

 

dx

[sid2gr8]

Is this for postal or mcol as well?

[AndyOrch]

Mcol...

[sid2gr8]

Thanks

[sid2gr8]

This is a update of a old thread which might be of interest.

 

 

After filing the defence I shortly after got a letter stating that Mortimer Clarke had received my defence.

It went on to say that they were taking their clients instructions and would come back to me as soon as possible.

In the meantime the matter was placed on hold.

 

 

I also received a letter from the court that the claimant had 28 days to contact the court to proceed.

If that period elapsed the claim would be stayed and they would have to apply to the judge to lift the stay.

 

Fast forward 13 months.... August 4th 2016

 

Received this Letter from Mortimer,to summarise....

Without prejudice save as to costs,

our client would like to settle this matter and remains willing to discuss settlement options.

As a gesture of goodwill offer 75% discount off the current balance.

This amount can be repaid through monthly instalments.

 

 

I have 30 days to take advantage of this offer ,

send a statement of means with my financial position.

 

 

After 30 days the offer will be withdrawn.

 

It went on to say,

if i did want to pay the new settlement amount by instalments

i would sent a Tomlin order and they would not be able to apply for a CCJ against me under that order.

 

 

If i was to pay the lump sum they would discontinue proceedings against me.

 

I called up Northampton county court business centre

and they told me that this claim has been stayed since 30th July 2015 and no action has been taken.

 

What do you think has happened,

have they found the relevant paperwork to go ahead with another claim

and offering me one last chance to pay?

 

Or are they just getting desperate to get some money back?

[renegadeimp]

ignore it. Its a dead debt and they know it but theyre trying to trick you into paying.

 

As for what theyre up to Your closing sentence summed it up exactly.

[dx100uk]

its a std begging letter

 

ignore it

give us something before we have to give up.

 

dx

[sid2gr8]

Is there any chance they would have found documents to support their case and make another CCJ claim? Just being cautious....

 

Thanks for the rapid response. Keep up the fantastic work, its much appreciated I have donated in the past and will do again... Invaluable place for advice.

 

Is there any chance they would have found documents to support their case and make another CCJ claim? Am I just being paranoid?....

[AndyOrch]

75% discount on easy payment plan.....puts the claim to bed and no CCJ.....may alleviate your paranoia ?

 

Andy

[sid2gr8]

It's still a lot of money to pay back when I'm not currently in secure employment... I'm doing a zero hours contract job. Somerimes I'm only doing 5-10hours a week. I also live and care for my elderly mother with disabilities.. Also wouldn't offering to pay them admit liability for this debt?