Court Claim - Marlin Capital europ / Egg - 25-9-2014

[cbeleven]

Received a claim? Yes
Issue Date: 25-9-2014
Amount approx: 7600
Claimant: Marlin Capital europ
Solicitor: Mortimer Clarke Solicitors
Original Credit: Egg

Particulars of Claim:
By agreement between Egg Banking plc andthe defendent on or around 24/04/02 EGG agreed to issue the defendent with a credit card upon the terms and conidtions 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 31/01/13. The Claimant therefore claims
1. 4892.18
2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2203.58 and continuing until judgement or sooner payment at the rate of 1.07

Stat Barred? Yes

Have sent:

Other Info:
The claim is addressed to me under my married name (I divorced last year and changed my name by deed poll back to my maiden name) and it was addressed to my former address (I moved to my new address April 2013) but I received it as I have a redirection set at my old address. Does this make the CCJ invalid anyway? I woud like any advice on what to do next please? Should I ignore? Do I defend? I am really worried as this debt is so old and I have no means to pay it back.

[cbeleven]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

[QUOTE=cbeleven;475826]Received a claim? Yes
Issue Date: 25-9-2014
Amount approx: 7600
Claimant: Marlin Capital europ
Solicitor: Mortimer Clarke Solicitors
Original Credit: Egg

Particulars of Claim:
By agreement between Egg Banking plc andthe defendent on or around 24/04/02 EGG agreed to issue the defendent with a credit card upon the terms and conidtions 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 31/01/13. The Claimant therefore claims
1. 4892.18
2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2203.58 and continuing until judgement or sooner payment at the rate of 1.07

Stat Barred? Yes

Have sent:

Other Info:
The claim is addressed to me under my married name (I divorced last year and changed my name by deed poll back to my maiden name) and it was addressed to my former address (I moved to my new address April 2013) but I received it as I have a redirection set at my old address. Does this make the CCJ invalid anyway? I woud like any advice on what to do next please? Should I ignore?

Do I defend? I am really worried as this debt is so old and I have no means to pay it back.


Sorry I forgot to mention in this first post that I just got the claim today. I haven't acknowledged it as yet and not sure if I should as I have had no contact at all with Marlin since they bought this debt and registered the default against me last year. I first default on this credit card many years ago and have not been in contact with anyone regards this debt for at least six years nor made any payments. That was my rationale for saying this was Stat barred. Is that a defence in itself? Could I just put that as my defence on the claim form? Sorry for all the questions it is just I have worked so hard to rebuild my credit rating over the past 5 years and a CCJ at this stage would be awful. If I dont reply or acknowledge the claim form will a default judgement just be given by the court automatically?

Thanks for any advice - I am so worried

[Kafka]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

Hello and welcome

Statute barred is an absolute defence on its own and the onus is on the claimant to prove to the court that you have acknowledged the claim or paid towards it within the 6 years up to the date of filing the claim (5 in Scotland). The problem with relying solely on this is that if they can provide proof of any payment you may have forgotten (that happens regularly) then the defence collapses, so its best not to rely solely on that and to chase other options as well.

Your way forward is to acknowledge the claim straight away saying that you intend to defend all of it. That extends the time for submitting the defence to 28 days from 14. You also have an extra 5 days for the date of Service after the date of Issue. In other words 33 days after the date of issue is the deadline for submitting your defence, once you acknowledge the claim straight away.

You now need to send the following:

CCA request to Marlin to get a valid copy of the original credit agreement, with the £1 statutory fee. Hopefully they can't get this from Egg for a 2002 account.
http://www.legalbeagles.info/forums/...y-of-Agreement

CPR request to Clarkes, to get disclosure of the relevant documents mentioned in the particulars of claim, which are
a) A true copy of the original agreement together with the terms and conditions applicable at the time it commenced;
b) A copy of the Default Notice issued before termination.; and
c) A copy of the Notice of Assignment from Egg, demonstrating that Marlin has legal title to this debt.
http://www.legalbeagles.info/forums/...y-of-Agreement

Shout if you need help or want to check anything.

[cbeleven]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

Hello and welcome

Statute barred is an absolute defence on its own and the onus is on the claimant to prove to the court that you have acknowledged the claim or paid towards it within the 6 years up to the date of filing the claim (5 in Scotland). The problem with relying solely on this is that if they can provide proof of any payment you may have forgotten (that happens regularly) then the defence collapses, so its best not to rely solely on that and to chase other options as well.

Your way forward is to acknowledge the claim straight away saying that you intend to defend all of it. That extends the time for submitting the defence to 28 days from 14. You also have an extra 5 days for the date of Service after the date of Issue. In other words 33 days after the date of issue is the deadline for submitting your defence, once you acknowledge the claim straight away.

You now need to send the following:

CCA request to Marlin to get a valid copy of the original credit agreement, with the £1 statutory fee. Hopefully they can't get this from Egg for a 2002 account.
http://www.legalbeagles.info/forums/...y-of-Agreement

CPR request to Clarkes, to get disclosure of the relevant documents mentioned in the particulars of claim, which are
a) A true copy of the original agreement together with the terms and conditions applicable at the time it commenced;
b) A copy of the Default Notice issued before termination.; and
c) A copy of the Notice of Assignment from Egg, demonstrating that Marlin has legal title to this debt.
http://www.legalbeagles.info/forums/...y-of-Agreement

Shout if you need help or want to check anything.

Thank you so much for all your help and advice. I am now worrying that it may not be 6 years since any payment was made I certainly dont think I have paid anything for years neither have I responded to any letters or acknowledged the debut but am doubting myself now!! I will get a credit report to check when I defaulted on this with Egg. Also I forgot to mention that when Marlin bought the debt last year they put a default on my credit file dated Feb 13 for this debt - however I had defaulted on it years ago when I had the Egg card. Again I took no action when this happened and neither acknowledged or responded to them about this default. Does the fact they put a new default on a debt that had already been defaulted on years ago have any significance to my defence of statute barred? Also the CCJ has been sent to my old address and is in my old name and only got it as I have a redirect on my post? Does this invalidate it in any way? Finally - if I were to ignore the CCJ claim form and not respond at all would Marlin actually get a judgement anyway? Do you know how likely it is they would pursue or even get a judgement against me?

I am very grateful for any advice you could give - many thanks for that given so far.

[Kafka]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

If you claim that the debt is SB then its their responsibility to prove that it isn't rather than yours to prove that it is.

Recently we've had a lot of cases where DCAs but debts years after they defaulted then register a default themselves, pretending that that somehow stops it being SB. An account falls into default after a few payments have been missed, providing the creditor did send yo a valid Default Notice that gave you the chance to rectify the breach. It is an abuse of process for them to pretend it default recently, when the cause of action was clearly years before that.

It doesn't matter if the SB defence does fail, providing you have other defence, which is why I advised sending the other requests.

The address doesn't matter here - and you did get the stuff - but you must notify the court when you Acknowledge Service.

If you ignore this they will apply for judgement by default and are certain to wiin. You will then get a CCJ on your record and owe all of the money claimed.

[cbeleven]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

Many thanks for all your advice - it really is much appreciated. I have just got a credit report from Experian Credit Expert and this confirms the following. I opened the Egg credit card in April 2006 and it shows that I defaulted on it in Feb 2009. So in fact it has not been 6 years without a payment that would be next Feb. I owe the money but I have no means to pay back the amount they are claiming which is the original debt of 4892 and interest of 2203. As I no longer have SB defence I am really worried that there is nothing I can do to defend it anyway and they will just get a CCJ regardless. I am going to do exactly as you suggested and acknowledge and defend the claim then contact Marlin and their solicitors to get the details you have outlined. However - what would my defence be? I owe the money. I just can't pay it. I am so worried that will get a judgement against me. Thanks so much for your help on this and any insight into what my defence would be would help put my mind at rest for the time being. Many many thanks

[Amethyst]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

You need to acknowledge the claim, and send off a CCA request to the claimant and a CPR request to the claimant solicitors (I think Kafka gave you the links earlier)

The name and address issues are fixable so are not fatal to the claim.

If the CCA comes back compliant then you can put forward an offer to pay at monthly instalments that are affordable to you based on your circumstances.
If it doesn't come back at all or isn't compliant then you can defend on that basis, or use it to negotiate a settlement or installment offer without having the CCJ against you. We have to consider options as we go and know what paperwork Marlins have.

Do you own your own home ?

Do not ignore the claim form, as that will definatly get you a CCJ and a forthwith order of payment which can be followed up by all sorts of nastiness, much rather get in control of it now, so send the CCA and CPR and acknowledge the claim online.

[cbeleven]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

You need to acknowledge the claim, and send off a CCA request to the claimant and a CPR request to the claimant solicitors (I think Kafka gave you the links earlier)

The name and address issues are fixable so are not fatal to the claim.

If the CCA comes back compliant then you can put forward an offer to pay at monthly instalments that are affordable to you based on your circumstances.
If it doesn't come back at all or isn't compliant then you can defend on that basis, or use it to negotiate a settlement or installment offer without having the CCJ against you. We have to consider options as we go and know what paperwork Marlins have.

Do you own your own home ?

Do not ignore the claim form, as that will definatly get you a CCJ and a forthwith order of payment which can be followed up by all sorts of nastiness, much rather get in control of it now, so send the CCA and CPR and acknowledge the claim online.

Thanks very much for all your advice. I can't tell you how much I appreciate this I have been worried sick about what has happened. Yep - totally agree in that to ignore is not an option. In a way at least the way this has come to a head now means that I can deal with it finally and get a way forward. I don't own a home anymore. I divorced last year, signed the house to my ex and am now in rented accomodation with my children. That is another reason why I am so anxious about getting a CCJ as I know that it would affect any applications I make to rent in future but for the moment that s not an issue as I dont want or need to move. I am employed and in a position to offer as I owe this money - it is just I cannot pay the amount they are claiming for.

I will acknowlege the claim and make the requests you have advised and we will see what happens from there. I would like to keep in touch and get advice from your forum but is there any way I can get any more advice particular to my case? I have seeen the VIP upgrade so at this stage would I be eligible for this? many thanks again for all your help.

[Amethyst]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

You can upgrade to VIP for more privacy on your case but you'd still get me and Kafka (and others of course) helping you xx Let's get those requests off and see what comes back and we can keep reviewing your options as we go xxx

Keep this thread updated with an response you get and keep an eye on your timescales ( your defence or admission needs to go in 28 days from receipt of the claim form - when you go on MCOL to acknowledge it should give you the defence date there) ooo and when you acknowledge you tick 'intend to defend in full' - it isn't binding so can be changed to admission later (if need be). xx

[cbeleven]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

You can upgrade to VIP for more privacy on your case but you'd still get me and Kafka (and others of course) helping you xx Let's get those requests off and see what comes back and we can keep reviewing your options as we go xxx

Keep this thread updated with an response you get and keep an eye on your timescales ( your defence or admission needs to go in 28 days from receipt of the claim form - when you go on MCOL to acknowledge it should give you the defence date there) ooo and when you acknowledge you tick 'intend to defend in full' - it isn't binding so can be changed to admission later (if need be). xx

Thanks - your support means a lot. I am not trying to avoid paying what is owed but this is a legacy of of debt that was owed throughout a very unhappy marriage and it was one of the main reasons we broke up!! What is upsetting is that I have paid back over 20 k of debts over the past year that were in my name as I wanted to get myself into a better position for me and the kids and this aged debt has come out of the blue to bite me. At least I am in control now of my finances and with your help can deal with this. Like you say, even if they have a valid CCA I can get to an agreement with them but lets see what comes back from my requests. Thanks so much for all your help and support. I will update you as I hear back from them. Thank you again. xxx

[Amethyst]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

Trust me we won't judge you, things happen, life happens, and we need to do what is best for us and our families. Remember these debts are sold on to DCA's for a teeny proportion of the debt (under 10%) so fighting back and getting a good deal to bring an end to the situation is perfectly legitimate way of dealing with it.

We're here for you and can support and guide you but the ultimate decision is always yours.

[Kafka]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

The claim states that the agreement was from 2002 not 2006 and I suspect that the claim is more likely to be accurate than the entry on the credit file.

[Kafka]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

Thanks - your support means a lot. I am not trying to avoid paying what is owed but this is a legacy of of debt that was owed throughout a very unhappy marriage and it was one of the main reasons we broke up!! What is upsetting is that I have paid back over 20 k of debts over the past year that were in my name as I wanted to get myself into a better position for me and the kids and this aged debt has come out of the blue to bite me. At least I am in control now of my finances and with your help can deal with this. Like you say, even if they have a valid CCA I can get to an agreement with them but lets see what comes back from my requests. Thanks so much for all your help and support. I will update you as I hear back from them. Thank you again. xxx

We all came through the door once for similar reasons, its just that some of us never found the way out :hug:
:drum:

[cbeleven]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

We all came through the door once for similar reasons, its just that some of us never found the way out :hug:
:drum:

Thanks for all your help! Btw that was my fault I misread the claim and thought the year was 02 - it was actually 06! I have spoken to my brother and he thinks I should ignore. He said they will issue a CCJ anyway and that if I declare my new address etc and fight it in court they will attach to my earnings and my employer will find out. I have about 800 per month disposable income after outgoings to feed and care for my kids and he said they would go for 300 pm. I am really worried. Based on your experience if I do fight it but then can provide all the paperwork what is the worse case here? I am sorry for asking all these questions I am just worried sick now... Thanks so much for all your help and support

[Kafka]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014

If you ignore this you will get a CCJ and that will mean you will be liable for all of the money until it's all paid off. Hiding at a new address won't stop the CCJ or them finding you eventually.

If you fight this and they do turn up all the correct paperwork then you don't have grounds to contest, but that's an if. In that event you can seek to get a Tomlin Order through the court, which is a binding agreement for you to repay, but which doesn't give you the CCJ unless you default on the repayment agreement set by the court.

When setting a repayment arrangement the courts take into account your finances and circumstances and don't require you to repay more than you can afford. An Attachment of Earnings requires a separate hearing after the CCJ, but it shouldn't need to come to that. I don't know where your brother gets this from or the rate of £300 when each case is assessed individually.

Bear in mind that the balance will include a lot of unlawful charges (plus interest on them) that don't form part f any legitimate debt. Also, Marlin will have paid less than 10% for this so simply don't deserve the money they are claiming.