County Court claim form

[Barnaby]

Hello,

I have got a letter from the court, about Marlin. I sent a letter a while ago asking them for details of a very old debt. They never sent the deed of assignment, just the notice of assignment. I have trouble with anxiety and dealing with financial things. It has been going on for decades, they have sold it on several times. Usuallt they stop writing for a year or so, then I get a letter from another company saying that they own the debt now. Any help is appreciated.

[charitynjw]

Have you asked for the DoA?

[atticus]

I doubt that what you received from the Court is a letter. Are you sure it is not a Claim Form?

If it is a Claim Form, you will need to respond quickly, to avoid judgement being entered against you.

[echat11]

It might be an idea to make a copy, remove all personal details, upload it to the site.

It might be Statute Barred, but you need to provide details of when the last payment was made?, has the debt ever been acknowledged in writing? the type of debt? credit card etc

[Barnaby]

I doubt that what you received from the Court is a letter. Are you sure it is not a Claim Form?

If it is a Claim Form, you will need to respond quickly, to avoid judgement being entered against you.

Thanks friend. I managed to get online and do a AOS, I think, it has bought me some time. I have real problems dealing with financial issues. I think I need help to fill in the defence part. Thanks again.

[Barnaby]

I doubt that what you received from the Court is a letter. Are you sure it is not a Claim Form?

If it is a Claim Form, you will need to respond quickly, to avoid judgement being entered against you.

My mistake there. It is a claim form and a response pack. I seen it was possible to respond online. I did this and hopefully got more time to respond. I did an AOS, I think. Apologies for being vague, I get really bad panic attacks when dealing with finances. It was from CC card in early 2000's, around £8K.
I think I have to go back to the site and upload any documents to and detail a defense. This is basically that I have asked them for a copy of the original agreement and they keep ignoring my requests.

[Barnaby]

It might be an idea to make a copy, remove all personal details, upload it to the site.

It might be Statute Barred, but you need to provide details of when the last payment was made?, has the debt ever been acknowledged in writing? the type of debt? credit card etc

It was originally a CC from early 2000's. I last paid £1 about 4 years ago. I've asked them lots of times for a copy of my agreement and they go away.

[Barnaby]

Have you asked for the DoA?

Thanks friend. I completed the DoA online. I need help with my defense.

[echat11]

It was originally a CC from early 2000's. I last paid £1 about 4 years ago. I've asked them lots of times for a copy of my agreement and they go away.

a) Right what you need to do is send them a CCA 1974 request. The template is on the right hand side pane. Make sure you get Proof of Postage.(I know you've done this before).

b) Send them a CPR 31.14 request, to provide all the documents they are using to make the claim against you. Template right hand side pane, make sure you get Proof of Postage.

Work out the date your defence is due to be lodged with the court. Mark it in your diary. Update the thread with their response.

[Barnaby]

a) Right what you need to do is send them a CCA 1974 request. The template is on the right hand side pane. Make sure you get Proof of Postage.(I know you've done this before).

b) Send them a CPR 31.14 request, to provide all the documents they are using to make the claim against you. Template right hand side pane, make sure you get Proof of Postage.

Work out the date your defence is due to be lodged with the court. Mark it in your diary. Update the thread with their response.

Thank you very much for your help with this. It is a great relief. I will do what you advise now. I apologise for my slowness here. I will send these in the morning. Thanks again.

[echat11]

a) Answer the questions, copy and paste this back on to this thread (remove any personal details).

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

b) Also you can start working on your defence, you'll have most of the information already, whilst waiting for the requesting information from the Claimant.

[Barnaby]

a)
Received a claim, yes
Issue date 10/02/23
I have acknowledged claim online
Claim £8k
Claimant, Marlin
Solicitors, Mortimer Clarke
Original creditor HSBC
Original debt, credit card
Particulars from claim: -
By an agreement between HSBC & the defendant on or around 2002 (the agreement) HSBC agreed to issue the Defendant with a credit card. The defendant failed to make the minimum payments due. The agreement was terminated following the service of a default notice. The agreement was assigned to the named claimant. Cabot Credit Management Group Limited, acting as a servicing agent of the named Claimant through its Appointed Representative (Cabot Financial(Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named claimant therefore claims 1.8264.22 2 Costs

Not statute barred. Last payment 2019
Letters sent, CCA (several times), Letter before action

Card account started around 2002. It was part of a failed IVA around 2008, with ex partner (now deceased). I was paying £1 pcm for several years till circa 2018.

b) I have gathered correspondence and done a time line.

Thanks for your great help.

[Barnaby]

a) Right what you need to do is send them a CCA 1974 request. The template is on the right hand side pane. Make sure you get Proof of Postage.(I know you've done this before).

b) Send them a CPR 31.14 request, to provide all the documents they are using to make the claim against you. Template right hand side pane, make sure you get Proof of Postage.

Work out the date your defence is due to be lodged with the court. Mark it in your diary. Update the thread with their response.

I have sent both letters to Marlin and a copy of the CCA to Mortimer. I think the court date may be before they can respond!

Do I need to add anything to the online defence section on MCOL?

[echat11]

I have sent both letters to Marlin and a copy of the CCA to Mortimer. I think the court date may be before they can respond!

Do I need to add anything to the online defence section on MCOL?

Good, the important thing is that you've sent the requests, regardless you need to get your defence in, unless they extend the period to lodge your defence with the Court.

No you don't need to add anything to MCOL. Post a reminder a couple of days before your defence is due.

[Barnaby]

Good, the important thing is that you've sent the requests, regardless you need to get your defence in, unless they extend the period to lodge your defence with the Court.

No you don't need to add anything to MCOL. Post a reminder a couple of days before your defence is due.

I have not heard back from Marlin yet. I am about 5 days from the date I think it runs out. Please excuse me if I don't make sense, I have a problem with anxiety. I have gone onto the MCOL, logged in, and there is just a page with the words "Hello World". this is the address of the page "https://www.moneyclaim.gov.uk/web/mcol/claim/respond-to-claim". It looks a bit odd.