Marlin / Mortimer claimform - alleged Egg debt

[sit down]

Not dared look at my credit file for years. What's the significance?

[shamrocker]

If there's six years between the default date/month and date of claim it might be useful in that it gives you a defined timeframe to work with.

[dx100uk]

It's for the claimant to prove its not SB

Not for you to prove it is

 

Even if it turns up in an sar doesn't mean the claimant knows about it

 

Pers I'd be filing the SB defence now

 

Dx

[Dotty50]

Have you done the acknowledgement of service?

[sit down]

Have you done the acknowledgement of service?

 

 

Not done anything yet Dotty. How should I be doing it?

[AndyOrch]

Register with MCOL ...all the details are on the claim form...your password is already on the claim for,..once you have registered you will be given a username.

 

You have 19 days from and including the date on the claim to acknowledge service.

 

Andy

[jackreacher]

It's for the claimant to prove its not SB

Not for you to prove it is

 

Even if it turns up in an sar doesn't mean the claimant knows about it

 

Pers I'd be filing the SB defence now

 

Dx

 

 

Exactly!!!

[Dotty50]

Not done anything yet Dotty. How should I be doing it?

 

I see Andy has already answered.

 

Best to get this done asap, the days go so quickly and you mustn't miss the deadline.

[sit down]

ok. I want to request default notice, assignment letter and cca from Marlin. How do I do this?

[dx100uk]

ok. I want to request default notice, assignment letter and cca from Marlin. How do I do this?

 

 

read the end of the link in post 12

 

 

pers I'd not bother

 

 

simply file the SB defence today.

 

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

.

[sit down]

read the end of the link in post 12

 

 

pers I'd not bother

 

 

..

 

 

simply file the SB defence today.

 

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

.

 

 

I want to cover myself incase it is not SB. Can I request cca and documents then say in defence that documents were not forthcoming / were incorrect but I believe it to be SB anyway?

[dx100uk]

no you cant mix anything with SB defence.

 

 

but issues with paperwork can be introduced at a later stage.

 

 

pers I'd be filing the sb defence now.

 

 

then they'll comeback with a rebuttal

if they have one.

[sit down]

no you cant mix anything with SB defence.

 

 

but issues with paperwork can be introduced at a later stage.

 

 

pers I'd be filing the sb defence now.

 

 

then they'll comeback with a rebuttal

if they have one.

 

 

I've taken your advice and filed the SB defence. Thanks so much for your help. Nice one. What happens next?

[dx100uk]

No harm in reading like claims here and in the legal successes forum

 

Dx

[sit down]

Sure I'll do that. Cheers. Should I get contact from MCOL or the claimant re my defence and what's the timetable now it has been submitted?

[dx100uk]

the clamant has 28days to respond, else the claim is stayed

and it will cost money to unstay it.

 

 

mcol should advise you

or the status of the claim online will change.

 

 

eitherway

give it till Monday

mcol can be slow esp over the W/end

 

 

dx

[sit down]

Right, I put in a statute barred defence. Mortimer Clarke solicitors have replied (dated 10 November) that

 

 

"The six year limitation period runs from the latest date on which :

 

 

1.A payment was made towards the debt ; or

2. The agreement was terminated ; or

3. You acknowledged the debt in writing.

 

 

We are instructed that in this case the cause of action accrued when the agreement was terminated on 04/09/2010. Therefore proceeding were issued within the 6 year limitation period, and so the claim is not statute barred."

 

 

Is this thing about when the agreement was terminated a real reason for not being statute barred? Surely if that was the case creditors could just not terminate the agreement on delay it indefinitely after the last payment?

 

 

What do I do next? I am still unsure the original agreement was even compliant but was advised in this thread to defend on statute barred rather than requesting copies of the agreement through CPR.

[dx100uk]

ignore

the claim is stayed

till they pay the fee and lift the stay

 

 

we cal letters like this willy waving

to unsettle a defendant

 

 

dx

[dx100uk]

no being funny

but according to your profile

you've only bothered to read one court claim thread?

 

 

CAG is a self help site too

 

 

dx

[sit down]

no being funny

but according to your profile

you've only bothered to read one court claim thread?

 

 

CAG is a self help site too

 

 

dx

 

 

Thanks for your help but I've read loads of threads, helped people on benefit threads and donated cash to the site, something most users don't bother to do.

 

 

Can you explain why the claim is stayed? Is it something to do with the dates?

[dx100uk]

the claimant has 28 days to respond to your def

after that its stay automatically

 

 

dx

[AndyOrch]

The claim is stayed because the claimant has not informed the court they wish to proceed...many reasons for this...they are not confident in their claim or they are waiting for a response to the above for you to admit and withdraw your evidence...therefore not costing them anymore money to attain judgment.