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

[cbeleven]

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

[QUOTE=cbeleven;482819]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.[/QUOT

***UPDATE ON MY CLAIM - 3/11/14****

I have just received a response from Northampton CCBC to confirm that the claimant agreeing an extension to file my defence is noted on my file and I now have to file defence by 25/11. I have heard nothing back from Mortimer Clarke since their letter of the 8th Oct when they said they would grant an extension. What I would like to to know is when should I file my defence by to say no documents have been provided by the Claimant or their solicitor? I dont want to leave it to the last minute so could I have some advice on when I can file my defence - presuming that I continue to hear and receive nothing from Marlin or Mortimer? Is there a template available that I can use for a defence based on no documents being provided in response to my requests for the original CCA( from Marlin) and the CPR doc set (Mortimer).

Many thanks

Claire

[Kafka]

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

***UPDATE ON MY CLAIM - 3/11/14****

I have just received a response from Northampton CCBC to confirm that the claimant agreeing an extension to file my defence is noted on my file and I now have to file defence by 25/11. I have heard nothing back from Mortimer Clarke since their letter of the 8th Oct when they said they would grant an extension. What I would like to to know is when should I file my defence by to say no documents have been provided by the Claimant or their solicitor? I dont want to leave it to the last minute so could I have some advice on when I can file my defence - presuming that I continue to hear and receive nothing from Marlin or Mortimer? Is there a template available that I can use for a defence based on no documents being provided in response to my requests for the original CCA( from Marlin) and the CPR doc set (Mortimer).

Many thanks

Claire

You need to get a defence in a day or two before the new deadline and obviously you need to allow them time to respond.

There are a lot of similar cases where the defences can be adapted. Here's a current one by scirrocco who is a bit ahead of you with a different DCA.

http://www.legalbeagles.info/forums/...al-v-Scirrocco

[cbeleven]

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

You need to get a defence in a day or two before the new deadline and obviously you need to allow them time to respond.

There are a lot of similar cases where the defences can be adapted. Here's a current one by scirrocco who is a bit ahead of you with a different DCA.

http://www.legalbeagles.info/forums/...al-v-Scirrocco

Many thanks Kafka for this. I will diarise to submit my defence on line then by 21st Nov. I really appreciate all your help to date and that of the other forum members. Thanks so much

[Kafka]

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

In the meantime you can help by reading through lots of other cases to see how they run and how the defences work. Remember that every defence needs to be tailored specifically to the individual circumstances, so use other examples as guides only.

[cbeleven]

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

****UPDATE 18th November -Marlin Capital Europe Egg Court Claim 25/9/14 ********

Hi - I haven't recevied any of thre documents I requested - CCA and CPR 3.14 - from Marlin or their solicitors. I intend to file my defence tomorrow and post back to the court via recorded delivery. I have been sent a couple of templates to base my defence on so many thanks. I have now written this so could any of the site owners/forum members please review and let me know if this is ok or whether any changes need to be made. Thanks you so so much for all your support and advice so far in relation to this. It has helped me so much and I am very grateful. Here is my defence :

1. I received the claim A1JQ9334 from the Northampton County Court dated 25^th September 2014
   This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
   
   The Claimants statement of case states that the account was assigned from Egg Banking PLC to Marlin Capital Europe Ltd on 31/01/2013. The Defendant does not recall receiving notice of this assignment.
   
   It is denied that Egg Banking PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
   On the 3/10/2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors who are the claimant’s solicitor. I requested they provide copies of the Agreement, Default Notice and Notice of Assignment. Mortimer Clarke Solicitors have not sent any of the documents I requested under CPR 31.14 to me.
   
   On the 3/10/2014 I sent a formal request for a copy of the original agreement to Marlin Capital Europe LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. I have not received a copy of the original agreement from Marlin Capital in respond to my request.
   
   The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
   
   At this stage, without any documentation in relation to this claim being provided to me by the claimant or their solicitor I am unable to plead further to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
   
   In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
   
   Statement of Truth
   
   The Defendant believes that the facts stated in this Defence are true.
   
   
   
   Signed …………………………………………
   
   Dated .................................................. ....
   
   
   

[Amethyst]

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

That sounds good to me but I'd add in a final paragraph

For the avoidance of doubt, It is denied that the Claimant is entitled to the relief as claimed, or at all.

[cbeleven]

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

That sounds good to me but I'd add in a final paragraph

For the avoidance of doubt, It is denied that the Claimant is entitled to the relief as claimed, or at all.

Many thanks for reviewing and all your help it is very much appreciated. I will add the additonal paragraph regards relief.

Thanks so much.

[cbeleven]

Re: Court Claim - Marlin Capital europ / Egg - 25-9-2014 *****UPDATE 5th Dec ******

Hi - I submitted my defence to court by 25th Nov and received confirmation of it's receipt from the court who also said they would pass this to the claimant's solicitors. I have today received a letter from Mortimer Clarke and am feeling positive about this. It states :

"We are now in receipt of your defence.

Our client has supplied us with a copy of the terms and conditions in respect of this matter and a copy of the notice of assignment, the same is attached.

We are however, awaiting copies of the remaining documents and therefore unfortunately at this time our client is unable to comply with your request for documentation under CPR 31.14 and s78 Consumer Credit Act 1974. The debt is therefore currently unenforceable.

We are instructed to take no further action in relation ot the proceedings until our client has provided the necessary documents. If we unable to supply those documents to you by 23/12/2014, the claim will be automatically stayed.

We will provide an update in respect of your request as soon as we can. "


So I am hoping that if they still haven't got the docs 2 months since I first requested them then they will not be able to provide them. If any members of the forum have experience of this and have a view on how likely it is they will be able to get them then would appreciate your thoughts.

I also think that it is a disgrace that they got a CCJ claim raised against me when they surely must have known then that they did not have the documents that were required to make the claim enforceable. However had I buried my head in the sand and not taken the advice from this forum and responded to this with your guidance then they could have got a default judgement due to my non response. That would have been so unfair.

I cannot thank the forum members for their support to date. It has been invaluable. I really appreciate it. I will let you know what happens with this and whether they do respond to me any further re: the claim. Thanks again.

[Kafka]

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

Basically most people don't defend and they can get judgment by default even though they lack the legal justification to enforce the debt. They can afford to lose many, because each one they win pays them 100% of the account, for which they paid less than 10%. A nice little earner.

At least you can sit back now knowing they are struggling and there's nothing you can do anyway. Hopefully this will get kicked into the long grass in time for Christmas. Well done.
:cancan:

[cbeleven]

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

Basically most people don't defend and they can get judgment by default even though they lack the legal justification to enforce the debt. They can afford to lose many, because each one they win pays them 100% of the account, for which they paid less than 10%. A nice little earner.

At least you can sit back now knowing they are struggling and there's nothing you can do anyway. Hopefully this will get kicked into the long grass in time for Christmas. Well done.
:cancan:

Many thanks for your reply Kafka and for all your support to me with this. If they have no paperwork in two months then I am hoping they wont be able to obtain this at all and the claim will remain unenforceable. If not then I know I can get loads of support and good advice from you and the forum members. Thanks again so much and my dancing Miss Santa's are fab!!! lol

[cbeleven]

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

Hi - a quick update and a question on this claim by Marlin that you have been helping me with. I got a letter from Marlin Capital today (dated 13th Jan) and they sent me a copy of t the terms and conditions of the credit card they are trying to get a claim against me for. I already had a copy of these back in Decemeber from their solicitors Mortimer Clarke so basically they were just sending me what I already have!! I havent had the original CCA and Mortimer Clarke confirmed in their last letter to me in December that the debt was unenforceable without this. Any suggestions on why I got this letter and document from Marlin? The only other thing they said in their letter of 13th Jan was they are still awaiting a copy of my online application and statement of account and will forward upon receipt. Given they I requested all this documentation at the start of October they have yet to provide.

The other thing I wanted to ask was about a default (Status 8) that Marlin put on my credit file when they bought this debt in Feb 2013. I dont think this is right as it relates to a debt that was actually defaulted on in 2009. Can I take any action to appeal on this and get it removed from my credit record as this is not accurate. Any suggestions and thoughts on this welcome.

Many thanks as ever for all your support