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Marlin / Mortimer claimform - alleged Egg debt

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Hi caggers,

 

I have received a letter from Mortimer Clarke which I originally thought was to do with an alleged Barclaycard debt but now realise relates to an alleged Egg debt.

 

The letter contains income and expenditure forms and a Direct Debit mandate for me to complete

and states that if no reasonable offer if made within 14 days then they will issue a claim in the County Court.

 

 

I sent a s.77/78 request to Egg in 2010 and received nothing so assumed they had no agreement form to support the demands they were making of me for payment.

 

Should I reply to this Mortimer Clarke letter and if so how?

 

Any help much appreciated. Cheers.

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Is this the first letter you've received off MC??

 

When did you take this Egg card out? Pre or post 2007?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes. First letter off M.C.

 

I believe it relates to before 2007.

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I would write to MC with a copy of the cca request you sent to egg in 2010 stating that no reply has been received to your request,

and you consider the ac to be in dispute until such time as your request is complied with


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Thanks. What's the significance of whether or not it was pre or post 2007?

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Thanks. What's the significance of whether or not it was pre or post 2007?

 

The regulations were amended in 2007 - it pretty much assumes that the banks ensured their agreements were CCA compliant.


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Didn't you say that Marlin had written before you had the letter from Mortimers?

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Something similar to this needs to be sent, puts them to strict proof and under no doubt as to the state of this account.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387485-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Dotty50 - Yes they did. It's Egg though not the Barclaycard one we discussed previously.

 

Boo - Nice one. Much appreciated. :-D

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I cannot believe that of the 161,000 former Egg card holders who were terminated whilst not in default - all have been made to pay up.

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Hi folks,

 

I have received a Northampton County Court claim form dated 14 October 2015 for an alleged debt to Egg.

 

 

I CCA'd Egg in 2010 and they provided an agreement which I was unsure about so I have since maintained the position that I do not acknowledge the debt

. Marlin wrote to me in Feb 2014 and I replied with another CCA request.

They produced no documents.

 

Now I have this claim form. It says :

 

"By an agreement between Egg Banking plc & the Defendant on or around 05/11/2002 ("the Agreement"} Egg Banking plc agreed to loan the Defendant monies.

The Defendant did not pay the instalments as they fell due & the Agreement was terminated.

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

 

 

THE CLAIMANT THEREFORE CLAIMS

1, 11358.87.

2. Interest pursuant to section 69 of the County Court Act 1984, namely 5011.56

& continuing until Judgement or sooner payment at the rate of 2.49."

 

What do I do now?

Please help.

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Hi SD

 

If you could read and respond to the following link...posting your responses here to enable the best advice on how to move forward with this claim..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy


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Name of the Claimant Marlin

Date of issue – 14/10/2015

What is the claim for –

1.By an agreement between Egg Banking plc & the Defendant on or around 05/11/2002 ("the Agreement"}

Egg Banking plc agreed to loan the Defendant monies.

The Defendant did not pay the instalments as they fell due & the Agreement was terminated.

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

 

2.THE CLAIMANT THEREFORE CLAIMS

1, 11358.87.

2. Interest pursuant to section 69 of the County Court Act 1984, namely 5011.56

& continuing until Judgement or sooner payment at the rate of 2.49."

 

 

What is the value of the claim

 

 

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? pre 2007

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. Marlin

Were you aware the account had been assigned – did you receive a Notice of Assignment? unknown

Did you receive a Default Notice from the original creditor?unknown

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?unknown

Why did you cease payments?

ceased payments around July 2009. Around this time I wrote to Eggicon explaining job lost and asking for help. No reply received so requested CCA. Unsure of validity of CCA provided so since then have not acknowledged debt. Marlin demanded payment in Februray 2014 so I asked them for CCA. Nothing forthcoming.

 

What was the date of your last payment? july 2009

Was there a dispute with the original creditor that remains unresolved?

 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? .

 

Thanking you in advance of any help you can provide.

 

 

Andy has helped me with a different creditor claim a couple of years ago for which I am eternally grateful.

 

 

Cheers.

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So you've not paid anyone anything on this debt since July 2009?


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So you've not paid anyone anything on this debt since July 2009?

 

 

Correct but I did write to them at end of 2009 which I suppose counts as me acknowledging it?

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what letter?


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what letter?

 

"Why did you cease payments?

 

ceased payments around July 2009. Around this time I wrote to Egg explaining job lost and asking for help. No reply received so requested CCA. Unsure of validity of CCA provided so since then have not acknowledged debt. Marlin demanded payment in Februray 2014 so I asked them for CCA. Nothing forthcoming. "


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silly me and I copied that in too to our Q&A post:lol:

 

so to me then the debt is statute barred

that was more than 6yrs ago by my fingers and toes???


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Statute barred. However try and find your bank statements in case they invent some dodgy payment receipt.


WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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I ceased payments July 2009 but wrote to them at the end of 2009 explaining I had lost job and asking for help. Got no reply. Will this not count as the last time I acknowledged the debt and therefore the start of the statute barred period. Or is the statute barred clock started from when I last made a payment?

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I ceased payments July 2009 but wrote to them at the end of 2009 explaining I had lost job and asking for help. Got no reply. Will this not count as the last time I acknowledged the debt and therefore the start of the statute barred period. Or is the statute barred clock started from when I last made a payment?

 

Earlier you stated the letter was around July. I understand you now believe it to be the end of 2009. I have never defended on this point of law but believe it to be the last acknowledgement Andy O will be more knowledgeable than me.

 

As this letter was to Egg it may no longer be in existence so cannot be used as evidence so forget it unless raised . I would do a SAR request where this information will be available to you.


WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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I agree with Jack.

 

If your defence is SB then they have to prove otherwise and the likelihood of them having the letter from 6 years ago is slim.

 

BUT DO NOT REFER TO THIS LETTER IN ANY CORRESPONDENCE TO ANYONE. :-)

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Earlier you stated the letter was around July. I understand you now believe it to be the end of 2009. I have never defended on this point of law but believe it to be the last acknowledgement Andy O will be more knowledgeable than me.

 

As this letter was to Egg it may no longer be in existence so cannot be used as evidence so forget it unless raised . I would do a SAR request where this information will be available to you.

 

 

Sorry letter was end of 2009. Can I do a SAR at this point or should it be a CPR request? I'm concerned time is ticking away before court deadline.

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Have you checked if there's a default for this on your credit file?

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