tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Card)

[tigerwz1]

Hi - Received a CC Claim Form from Northampton. Claim form details

Claim dated 19th March
Claim form received on Friday 31st March.
Effective service date: Monday 24th March
Acknowledgement online: Tuesday 25th March

Egg Credit Card
Last Payment 2011
Balance - £9K

I have also sent CCA and CPR requests today (unfortunately, I have been travelling for work which is not ideal).


I originally spoke with the claimants solictors who offered me a settlement figure which I cannot afford. I verbally asked for the copy agreements (before I submitted the formal requests) and they acknowledged basic information in an email the following day stating they would get a copy of the agreement sent to me and also enclosed a copy income and expenditure sheet.

This is my first question - if they have issued court proceedings which includes an income expenditure form why would they be asking me to complete another form/ process. Should I complete this and try to negotiate a monthly amount?

Secondly, there is a PPI cliam to be made. I haven't doen this yet. I have read in places that if the PPI was missold it could invalidate the agreement. Is this true? Or, can this be used as a defence/counter claim?

Whilst I'm waiting for the relevant documentation to come back from the claimant and solicitors what action should I take....specifically about the PPI. The copy agreements would be useful to send with my claim.

Also, what impact will the Easter Bank holidays have on timings of defence submission?

I will post any replys I get and any help from the forum woul dbe greatly appreciated.

Many thanks

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

Hi - any feedback? I will post a copy of the demand letter etc later today.

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

Hi - I have just spoken to the solicitors and they have said the following:

1. The agreement still hasn't been located and they said they were not in control of this and couldn't gauruntee a time line. they are to proceed for judgment on 21st April. I ask for an extention to the deadline and they offered me 14 days from 21st. Is this correct - or is it 28 days? I have emailed a record of our conversation to them.
2. I requested that the solicitor give me a call this afternoon - is this a good idea? Any advice?
3. s69 interest. Is section 69 interest applicable in this case? Please see attached.

Thanks for your help?

[mystery1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

The rules state upto 28 days so whatever the 2 parties agree to is fine. By my counting the first 33 days (5 +14+14) is up 2 weeks today the 21st. So if that's extended by 14 that's ok if you get compliance within the next 14 days as you'll have the extra 14 days time to enter a defence.

The time limit for their compliance is already up and it is important to remember that. Anything else is just you being reasonable which is often forgotten by everyone. Keep chasing them and building the evidence you'll need for an unless order.

http://www.legislation.gov.uk/uksi/1...article/2/made

M1

M1

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

Hi - thanks for your reply - can I just confirm what you mean by the time limit for their compliance is up. Is the fact that they mentioned in writing that they would provide me with a copy of the agreement (received 13 days ago) enough to put them in non-compliance?

I am starting to get very nervous about this. I am actually in breach of my current employment contract (court proceeding issued against me) and need to avoid any judgement due to being in the recruitment process at the moment.

Has anyone ever had any success asking a firm to withdraw legal proceedings?

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

Sorry, to ask basic questions, but given the link above is the £2K intersst added to the £9K debt legitimate?

Many thanks

[mystery1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

Sorry, to ask basic questions, but given the link above is the £2K intersst added to the £9K debt legitimate?

Many thanks

Probably not.


A request for inspection of documents prusuant to 31.14 must be answered with 7 days as per 31.15

http://www.legalbeagles.info/forums/...ean&highlight=

M1

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

HI

I just wanted to check back in with the latest regarding this claim.

Mortimer Clark wrote to me offering me a 28 day extention to file my defence until 19th May (next Monday). To date I haven't received a response (other than the standard...we have received your requests...we don't hold all the info on file etc etc).

I have called both Marlin and Mortimer Clark directly and they both confirm they do not have the signed agreement or other documents for the matter.

Any guidance on next steps would be greatly appreciated:

1. When and how should I submit my unless order? Is it likely to be successful?
2. Is the section 69 interest legitimate?
3. The guy from Mortimer Calrk said the 19th deadline was irrelevant and the court proceedings would just continue until they found the paperwork.
4. A Tomlin order has been suggested - is this a way to binding me to an agreement in the absence of the original?

As always, many thankd for your help.

Regards

[mystery1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

1. ASAP. Should be but nothing is guaranteed in litigation.
2. I doubt it but you'll need the contract to check for sure.
3. Guys a prat. I hope that was in print.
4. Yes but on the plus side no ccj unless you fail to make payments.

M1

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

Thanks for the reply - do you have a sample unless order template I could amend and submit?

One last question for today......what happens if i don't submit the unless order and Mortimer Clark do not submit the paperwork by 19th? Is a judgement incurred by default or is an extention granted?

Many thanks

[Amethyst]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

http://www.legalbeagles.info/forums/...ic-information

[mystery1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

No extension is granted and no default judgement is not automatic as they have to apply for it. If you assume they won't you could get a nasty shock. Always assume you'll get screwed if you offer them the chance, always.

M1

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

thanks for that. I'm probably labouring the point a bit but if they haven't got the executed/signed agreement or complied with my CPR etc they cannot apply for the judgement..........???? At what point does the court say what are you basing the claim on if you don't have the agreement?

[Amethyst]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

thanks for that. I'm probably labouring the point a bit but if they haven't got the executed/signed agreement or complied with my CPR etc they cannot apply for the judgement..........???? At what point does the court say what are you basing the claim on if you don't have the agreement?

At the point that you tell the court they have no right bringing the claim without the agreement... so either when you have the hearing of your unless order and get the judge to order they supply documents or their claim is struck out, or else if you defend because they haven't supplied the agreement under the cca and the judge agrees with you they have to.... ie don't rely on the court doing anything off its own back, always put your case forwards, and don't believe a word the claimants say, ie if they say the claims is on hold and they won't apply for default judgment, make them agree an extension under the CPR in writing and lodge it with the court, if they don't comply before the end of the extension, get an application in for them to comply ... the unless order... they should have the documents in their possession before bringing the claim being as they allege to rely on them!

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

thank you again - if you have time do you have a good unless order template which you could send me? I will email it to the court and pay the appropriate fee.