N1claim form received over Marbles Credit Card

[paddy1]

Hi

I was looking for a bit of advise please. About 3 years ago I was in financial hardship & on the advise of the CCCS I wrote to all CC companies an offered a minimum payment of £1 all but Marbles refused this and have ever since been charging interest, totally an extra £2000 plus. I have had several letters from various companies who have bought the debt chasing the money owed but I have tended to ignore them. Recently I received a Pre-Action letter from Capquest which I will try & post but have yet to respond to them, until yesterday I received a Claim Form N1CPC for claim via the courts.

My question really is what to do next? Do I ignore the claim form & ask capquest for a CCA or has it gone too far?

[FlamingParrot]

Re: marbles credit card problems

Hi

I was looking for a bit of advise please. About 3 years ago I was in financial hardship & on the advise of the CCCS I wrote to all CC companies an offered a minimum payment of £1 all but Marbles refused this and have ever since been charging interest, totally an extra £2000 plus. I have had several letters from various companies who have bought the debt chasing the money owed but I have tended to ignore them. Recently I received a Pre-Action letter from Capquest which I will try & post but have yet to respond to them, until yesterday I received a Claim Form N1CPC for claim via the courts.

My question really is what to do next? Do I ignore the claim form & ask capquest for a CCA or has it gone too far?

Hi and welcome!

YOU SHOULD NOT IGNORE THE CLAIM, OR YOU WILL GET DEFAULT JUDGMENT AGAINST YOU! :scared:

You have 14 days to acknowledge the claim and if you tick the box stating you intend to defend, you will get another 14 days to prepare your defence, at the very least.

Could you post up the particulars of claim, removing all personal details.

It would be useful if you told us a bit more about the history of this account:

• Did you ever send a CCA request?
• When did you open this account?
• Did you ever get a default notice? If so, can you post it up?
• Did you receive a notice of assignment saying the debt had been sold?

[Celestine]

Re: N1 received over Marbles Credit Card

FP Can you test to see if you can post on this thread? Techy issues going on LOL!

[labman]

Re: N1 received over Marbles Credit Card

FP - Ditto lol!

[FlamingParrot]

Re: N1 received over Marbles Credit Card

FP Can you test to see if you can post on this thread? Techy issues going on LOL!

I can post now! :whoo:

The thread was previously under a sub-forum labelled "Guides and Templates" which probably only allows posting to those with mod access. :nerd:

[labman]

Re: N1 received over Marbles Credit Card

Strange - it was here originally, then moved, then moved back and now it works. The wonders of modern technology! :beagle::beagle:

[FlamingParrot]

Re: N1 received over Marbles Credit Card

Any updates on this?

When a claim is received, it's important to keep to the deadlines to avoid default judgment! :scared:
:clock: :clock: :clock:

[paddy1]

Re: N1 received over Marbles Credit Card

Yes it seems I can post, just going to upload some docs

[paddy1]

Re: N1 received over Marbles Credit Card

Here are the docs enclosed that was asked for. As for when I opened the account I have no idea I'm afraid

Scan10008.jpgScan10009.jpgScan10011.jpgScan10012.jpgScan10013.jpg

[FlamingParrot]

Re: N1 received over Marbles Credit Card

Thanks for your post, I would suggest PMing PT2537 :first: with a link to this thread and get him to cast his expert eye over it. He is a consumer credit lawyer who works for the same firm as Celestine, the site owner :yo:

They have been successful in winning a number of cases in favour of the consumer, such as this one, where the defendant is also a member on here (Plan B): http://www.bbc.co.uk/news/business-17670803

[paddy1]

Re: N1 received over Marbles Credit Card

Thanks I will do, found a CCA sent to me with an old card which I have now attached. Also spotted an old statement in 2007 for a small amount, so I would say that I had the account from 2007, different account number but that would be because of CC number changes

Scan10014.jpgScan10015.jpgScan10016.jpg

[FlamingParrot]

Re: N1 received over Marbles Credit Card

Thanks I will do, found a CCA sent to me with an old card which I have now attached. Also spotted an old statement in 2007 for a small amount, so I would say that I had the account from 2007, different account number but that would be because of CC number changes

If the agreement in question was sent WITH THE CARD, then it's NOT the one from inception, i.e. the one you'd have signed when you first applied for the card, which is the relevant one. The existence of a statement from 2007 clearly shows the account was opened much earlier and that's not an agreement signed by you, is it, presumably just a set of terms that accompanied a replacement card. Even if you can't remember the exact date, would you say you applied for this card before April 2007? :confused2:

Presumably you never sent a letter requesting a copy of your agreement under s.78 (a CCA request), did you? :noidea:

[ncf355]

Re: N1 received over Marbles Credit Card

Did they include the agreement with the court claim?

Did they include a history of transactions?

If not, I would say they have failed to quantify their claim for a starter, but as FP said, Cel and PT are definitely the ones to go to on this

:tinysmile_hmm_t2:

[FlamingParrot]

Re: N1 received over Marbles Credit Card

Did they include the agreement with the court claim?

Did they include a history of transactions?

If not, I would say they have failed to quantify their claim for a starter, but as FP said, Cel and PT are definitely the ones to go to on this

:tinysmile_hmm_t2:

When the claim is issued through the Northampton Bulk Centre, there is no requirement to attach the documents to the claim form, the whole process can be done online. :typing:

(3A) The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims to be issued by the Centre, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07c

The defendant still has the right to request the documents mentioned on the particulars of claim under CPR 31.14.

[paddy1]

Re: N1 received over Marbles Credit Card

If the agreement in question was sent WITH THE CARD, then it's NOT the one from inception, i.e. the one you'd have signed when you first applied for the card, which is the relevant one. The existence of a statement from 2007 clearly shows the account was opened much earlier and that's not an agreement signed by you, is it, presumably just a set of terms that accompanied a replacement card. Even if you can't remember the exact date, would you say you applied for this card before April 2007? :confused2:

Presumably you never sent a letter requesting a copy of your agreement under s.78 (a CCA request), did you? :noidea:

Yeah that agreement came with the replacement card. I do not have a copy of the original one that I signed.

There is the possibility that I had the card before April 2007.

No I never sent a letter requesting a copy of the agreement, is it too late to ask for one now as part of my defence as I only have until 24/06 to get my Claim form back