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This week I have received a claim from Marlin via Mortimer Clarke Solicitors.
The claim has come from Northampton bulk centre
The date of issue is 18/09/14
Received 22/09/14
Amount of claim is well over £10000 plus interest of over £5000. The total is well in excess of £15000!
The particulars of claim are as follows (note that the amounts have been slightly altered to anonymise the post):
By an agreement between Egg Banking plc ("EGG") & the defendant on or around 17/03/2001
("the Agreement") EGG agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on 31/01/2013.
THE CLAIMANT THEREFORE CLAIMS:
1. £well over 10000
2. Interest pursuant to section 69 of the County Courts Act 1984, namely £over 5000 & continuing until judgment or sooner payment at the rate of 3.31.
I've acknowledged service
I've sent a CPR request to mortimer clarke
I was about to sent a CCA request to Marlin, however, they have not included an account number in their claim. Therefore this makes it difficult to make the CCA request. Any advice on what to do here would be helpful. Do I just ask them for the CCA referring to any accounts in my name?
There are a few things that i'd like to discuss here.
1. The date of the agreement they have stated is incorrect. I still have a copy of this agreement and the date they have stated is around a week off the correct date. This makes me think that they do not have a copy of the original.
2. The claim does not mention an account number. Again, this raises concerns in respect of them having no docs.
3. They're trying to pull the wool over someones eyes with regards the interest claimed. However, this wool is 50% cotton. I am pretty sure they can't apply this interest until once judgement is entered, which it hasn't yet. Am I correct?
4. They have paid a pretty high court fee to bring this claim which I would have thought would mean they think they are in a good position.
Note that I keep ALL of my documents and have them all scanned from the last 25 years. Yes, I know, it's a bit OCD.
So yes, i have a copy of the agreement, the default notice and the assignment to cross reference with anything they say they have.
With regards payments made the last one was made on the date they issued exactly 6 years previously according to my records, the payment did not bring the account up-to-date and the cause of action was a few months before that date - three months arrears. So they may have just got in on the statute barred date - whether they would be able to prove this is another matter - its so close that it might be worth arguing.
I'll keep everyone posted as to how I get on.
MrF
The claim has come from Northampton bulk centre
The date of issue is 18/09/14
Received 22/09/14
Amount of claim is well over £10000 plus interest of over £5000. The total is well in excess of £15000!
The particulars of claim are as follows (note that the amounts have been slightly altered to anonymise the post):
By an agreement between Egg Banking plc ("EGG") & the defendant on or around 17/03/2001
("the Agreement") EGG agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on 31/01/2013.
THE CLAIMANT THEREFORE CLAIMS:
1. £well over 10000
2. Interest pursuant to section 69 of the County Courts Act 1984, namely £over 5000 & continuing until judgment or sooner payment at the rate of 3.31.
I've acknowledged service
I've sent a CPR request to mortimer clarke
I was about to sent a CCA request to Marlin, however, they have not included an account number in their claim. Therefore this makes it difficult to make the CCA request. Any advice on what to do here would be helpful. Do I just ask them for the CCA referring to any accounts in my name?
There are a few things that i'd like to discuss here.
1. The date of the agreement they have stated is incorrect. I still have a copy of this agreement and the date they have stated is around a week off the correct date. This makes me think that they do not have a copy of the original.
2. The claim does not mention an account number. Again, this raises concerns in respect of them having no docs.
3. They're trying to pull the wool over someones eyes with regards the interest claimed. However, this wool is 50% cotton. I am pretty sure they can't apply this interest until once judgement is entered, which it hasn't yet. Am I correct?
4. They have paid a pretty high court fee to bring this claim which I would have thought would mean they think they are in a good position.
Note that I keep ALL of my documents and have them all scanned from the last 25 years. Yes, I know, it's a bit OCD.
So yes, i have a copy of the agreement, the default notice and the assignment to cross reference with anything they say they have.
With regards payments made the last one was made on the date they issued exactly 6 years previously according to my records, the payment did not bring the account up-to-date and the cause of action was a few months before that date - three months arrears. So they may have just got in on the statute barred date - whether they would be able to prove this is another matter - its so close that it might be worth arguing.
I'll keep everyone posted as to how I get on.
MrF
Well done xxxx
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