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    • Thanks for your advice. They didn't really reduce her bill when putting her on the rolling contract. She's emailed BT to complain as well about £800 fee. She will have to check where she stands with her mobile contract given she is still paying each month as she still needs to have a mobile phone for emergencies. A lesson on how careful you have to be when changing providers
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    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
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Cabot/Mortimer claim form for old Egg credit card 'debt'


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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

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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

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  • 2 weeks later...

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?

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

We could do with some help from you.

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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....

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Check it now sid

We could do with some help from you.

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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?

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

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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?

We could do with some help from you.

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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?

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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?

We could do with some help from you.

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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?

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Friday 26th by 4pm

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

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?

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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.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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its a std begging letter

 

ignore it

give us something before we have to give up.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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?....

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

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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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?

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