Marlin Capital v Boobley

[mystery1]

Re: Marlin Capital v Boobley

How does it compare to the one mentioned in the claim form ?

M1

[Boobley]

Re: Marlin Capital v Boobley

How does it compare to the one mentioned in the claim form ?

M1

Completely different. Different lenders and different amounts. The only similarity is my name and address.

I've now found the Marlin reference numbers on the earlier letters and it is different to the one on this CCA request reply.

[Boobley]

Re: Marlin Capital v Boobley

My Name
My Address


Date: 25th April 2014


Marlin Capital Europe Ltd
MArlin House
16-22 Grafton Road
Worthing
West Sussex
BN11 1QP


Your ref: XXXXXXXX - THEIR REFERENCE I FOUND FROM LOOKING AT RECENT LETTERS






Dear Sir/Madam


Re:− Account Number xxxxxxxxxxxxxxxx


With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.


We wrote to you already regarding this matter but you misunderstood the account number above. This is an Egg account. You have replied to us referring to a LENDER2 account which is incorrect. Please send us a copy of the agreement for the account number refereced above and we have included your reference also.


We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclosed a payment of £1.00 already in our original request which represents the fee payable under the Consumer Credit Act.


We understand a copy of our credit agreement should be supplied within 12 working days. Obviously we need this by 12 working days from our original request of 22nd April.


We look forward to hearing from you.


Yours faithfully








My Name

[mystery1]

Re: Marlin Capital v Boobley

Works for me.

M1

[Boobley]

Re: Marlin Capital v Boobley

I've had a response from Mortimer Clarke Solicitors to my 31.14 letter. This is what it says:

Thank you for your letter dated 17th April 2014. We have also received your Acknowledgement of Service.

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

Further to your request under CPR 31.14, we enclose copy Notices of Assignment.

We are taking our client's instructions in relation to your remaining documents and will come back to you as soon as we can.

They have enclosed a letter from Barclaycard and a letter from Marlin. The one from Barclaycard says they have transferred the debt to Marlin. The one from Marlin says the debt has been transferred to them. If anyone is interested in seeing these I can scan them and post them here with personal details removed.

IMPORTANT - maybe - the account number on the letter from Barclaycard is not the one I have. My original agreement was with Egg and this is the account number I have in my records. I obviously never signed an agreement with Barclaycard because I never had an agreement with them. I included the Egg account number in my correspondences with Marlin. A quick Google shows that all Egg Credit Cards were transferred to Barclaycard. I have never sent any correspondence to Barclaycard regarding this debt. I do have a Barclays Bank Account and approx £30 was removed from this some time ago. When I called to ask why I was transferred to some debt collection person within Barclays who explained this had been removed to offset against my outstanding debt. I tried to explain that I needed this money for food etc but got nowhere so I immediately removed all money from that Barclays account.

[mystery1]

Re: Marlin Capital v Boobley

The account number matters little. The notices of assignment depend on how accurate they are. There is no prescribed element really but essentially if something is on it then it has to be correct. Date, amount etc.


You should forward the agreement to an extension to the court adding a note from yourself.

You should contact them every few days to enquire as to the latest position and email them an overview of the conversation so that you can use it as evidence, if required, later on.

M1

[Boobley]

Re: Marlin Capital v Boobley

You should forward the agreement to an extension to the court adding a note from yourself.

Do I just send the court a letter with a copy of this enclosed?

[mystery1]

Re: Marlin Capital v Boobley

That would do.

Email is ok too as an attachment or forwarded with a note added.

M1