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

[Amethyst]

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

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

To add to what Kafka said.... get your brother on here, and have a read through other peoples threads in this forum, there's a definite trend for NOT ending up with a CCJ

[cbeleven]

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

Hi both - just to let you know I have acknowledged the claim and have stated I will defend it in full. I just doing the letters to request the CCA and CPR requests. I will keep you updated. Thanks you so much for your support and advice which has given me the strength to deal with this and face up to it. I am really really grateful. Thank you.

[Amethyst]

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

Super Good luck , let us know anything you hear, any questions you have and keep an eye on the dates.

[cbeleven]

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

Hi both - just to let you know I have acknowledged the claim and have stated I will defend it in full. I just doing the letters to request the CCA and CPR requests. I will keep you updated. Thanks you so much for your support and advice which has given me the strength to deal with this and face up to it. I am really really grateful. Thank you.

Hi - I have completed my CCA to Marlin but I cant locate the template for the CPR request that I need to send to Lowells. Ameythst sent a couple of links to me but when I check this takes me to the CCA request template. Couls you send on the link to the template for the CPR request please to go to Lowells as I want to make sure I word it completely correctly.

Many thanks for all your help. I'm getting there !!

[Amethyst]

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

http://www.legalbeagles.info/forums/...ic-information xx Should be the right one this time.

[cbeleven]

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

many thanks - I appreciate so much all your support. x

[cbeleven]

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

http://www.legalbeagles.info/forums/...ic-information xx Should be the right one this time.

Right that's it !! All done - CCA request to Marlin and CPR request to Mortimer Clarke sent today by special delivery. Filed my acknowledge to defend in full on Thursday so I will now wait for replies and try not to worry. I have until Oct 28th to file defence. Amethyst and Kafka thanks so much for all your help to date. Thanks to your support and advice I feel able to deal with this as opposed to ignore which I now know would have resulted in a CCJ being lodged by default on me. I will keep you updated via this thread. Thanks again so much xx

[Kafka]

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

:ymca:

[cbeleven]

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

:ymca:

Hi - just to let you know that I have heard nothing back from Marlin or Mortimer Clarke yet in response to my CCA and CPR requests.

However my ex dropped round a letter today that went to my previous address today from Mortimer Clarke dated 5th September which for some reason was not auto redirected to me at my new address. Anyway I have it now and it is a letter telling me that they are intending to file a CC claim which of course they did then do on 25th Septmeber. Its a standard letter but they did send a I&E form asling me to contact them with repayment proposals and also stated that their client would be willing to accept a reduced lump sum payment to settle the debt. There was no credit ageement documentation or any of the details I have asked for in my CCA and CPR requests.

What I wanted to ask is that now I have finally got this is there any point in contacting them? Or - as the elapsed time passed as I didnt get the letter and they have now filed a CCJ claim do I just wait for their response for my letters requesting CCA and CPR?

Another question (sorry !) if I have not heard from them in the next 14 days and my defence date is 28th what should I do ?

Many thanks as always for your help and support.

[cbeleven]

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

*********UPDATE 14th October**********

Hi just to let you know that I received a reply from Mortimer Clark to my old address dated 8th October. This is in response to the requests I sent to Marlin for a CCA and Mortimer Clarke for docs for a statement of case under CPR 31.14 by recorded delivery dated 3rd October.

It states:

Further to your recent letters, we are now taking our clients instructions in relation to yout requests and will come back to you as soon as we can.

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


Can you advise what I do now? When does this 28 day extension run from that they refer to as I had already filed the acknowledgement of claim form with an intent to defend in full within 28 days of the date of service of the claim (Claim was dated 25th Sep). Is this 28 days referred to in Mortimier Clarke's letter another 28 days from the end of this month which is when I would have orignally had to file my defence? What do I need to send back to Northampton court please?

Also - do I need to respond to Mortimer Clarkes letter of 8th October?

Many thanks for all your help and support

[pjays666]

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

*********UPDATE 14th October**********

Hi just to let you know that I received a reply from Mortimer Clark to my old address dated 8th October. This is in response to the requests I sent to Marlin for a CCA and Mortimer Clarke for docs for a statement of case under CPR 31.14 by recorded delivery dated 3rd October.

It states:

Further to your recent letters, we are now taking our clients instructions in relation to yout requests and will come back to you as soon as we can.

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


Can you advise what I do now? When does this 28 day extension run from that they refer to as I had already filed the acknowledgement of claim form with an intent to defend in full within 28 days of the date of service of the claim (Claim was dated 25th Sep). Is this 28 days referred to in Mortimier Clarke's letter another 28 days from the end of this month which is when I would have orignally had to file my defence? What do I need to send back to Northampton court please?

Also - do I need to respond to Mortimer Clarkes letter of 8th October?

Many thanks for all your help and support

Hi cbeleven, I along with a few others are in exactly the same position as you. Next step is to email the court informing them about the extension there is a template just check my posts and the defence date should be 25th nov 14 I believe just ask amethyst or kafka to check this .

[FlamingParrot]

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

Further to your recent letters, we are now taking our clients instructions in relation to yout requests and will come back to you as soon as we can.

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

That's very good news! :clap2:

Can you advise what I do now? When does this 28 day extension run from that they refer to as I had already filed the acknowledgement of claim form with an intent to defend in full within 28 days of the date of service of the claim (Claim was dated 25th Sep). Is this 28 days referred to in Mortimier Clarke's letter another 28 days from the end of this month which is when I would have orignally had to file my defence? What do I need to send back to Northampton court please?

You need to forward their letter to the court so they are aware that an extension has been agreed. The 28 days run from the date when your defence was originally due, which in turn would be 33 days from the date on the claim.

On a previous post you say you have until Oct 28, the new date would be 28 days from then. You may find this useful to calculate dates: http://www.timeanddate.com/date/dateadd.html

Right that's it !! All done - CCA request to Marlin and CPR request to Mortimer Clarke sent today by special delivery. Filed my acknowledge to defend in full on Thursday so I will now wait for replies and try not to worry. I have until Oct 28th to file defence. Amethyst and Kafka thanks so much for all your help to date. Thanks to your support and advice I feel able to deal with this as opposed to ignore which I now know would have resulted in a CCJ being lodged by default on me. I will keep you updated via this thread. Thanks again so much xx

Also - do I need to respond to Mortimer Clarkes letter of 8th October?

What did they say on the 8th of October? Was that the letter saying they agreed to an extension? If so, you don't need to reply to them, just inform the court. :thumb:

[cbeleven]

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

That's very good news! :clap2:

You need to forward their letter to the court so they are aware that an extension has been agreed. The 28 days run from the date when your defence was originally due, which in turn would be 33 days from the date on the claim.

On a previous post you say you have until Oct 28, the new date would be 28 days from then. You may find this useful to calculate dates: http://www.timeanddate.com/date/dateadd.html



What did they say on the 8th of October? Was that the letter saying they agreed to an extension? If so, you don't need to reply to them, just inform the court. :thumb:

Many thanks for replying back and I cannot thanks the members of this forum enough for their support and help. I have sent a letter to the court today by recorded delivery advising them of the letter I received from Mortimer Clarke on the 8th Oct agreeing to a further extension. I enclosed a copy of the letter and also told them that based on this my new date to file defence is now 25th Nov. I asked them to contact me if they needed any more details or this was not the date they I had to file my defence by. So - I am going to try not to worry too much about this for the moment and wait to see if Marlin actually have any of paperwork I have asked for. I will post again on this thread once I have heard back from them.

Many thanks again

[mdavo74]

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

hi
i have just been reading through this thread its a copycat version of exactly were i am up to atm.
cbeleven i will be keeping a eye on your case as its same as mine if you dont mind and hope you dont worry to much about it atm.
this post was just to let you know i am and probably lots of other people in same boat as you too
i too have not received any paperwork back just like you and i need a defense in by next week
if i receive anything back from mine will update you

[cbeleven]

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

hi
i have just been reading through this thread its a copycat version of exactly were i am up to atm.
cbeleven i will be keeping a eye on your case as its same as mine if you dont mind and hope you dont worry to much about it atm.
this post was just to let you know i am and probably lots of other people in same boat as you too
i too have not received any paperwork back just like you and i need a defense in by next week
if i receive anything back from mine will update you

Hi mdavo74 and thanks a lot for your post. There are a few of us on this forum who recevied the court claim from Marlin via the Northampton Business Centre Court on 25th Sep so looks like they have sent a job lot of cases there. PJays66 is also in the same position as us so worth watching that thread too. One of the other members said this is typical of Marlin and that they may well not have the paperwork to back this up. I guess they are hoping that some people ignore or arent at the address to respond to it so they end up with a default judgement or that others are scared into paying up for a debt that Marlin just paid a fe hundred quid for! It helps to know there are others like me out these and I really appreciate you reacing out to me and for your support.