Court Claim - Marlin / EGG - 25-9-2014

[hairbear]

Received a claim? Yes
Issue Date: 25-9-2014
Amount approx: 8031
Claimant: Marlin
Solicitor: Mortimer Clarke
Original Credit: EGG

Particulars of Claim:
By an agreement between EGG Banking plc ("EGG") & the Defendant on or around 25/07/2000
("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 & the Agreement was terminated. The Agreement was assigned to the Claimant on 31/01/2013
THE CLAIMANT THEREFORE CLAIMS
1. 8031.69
2. Interest pursuant to section 69 of the County Court Act 1984, namely 1957.56 & continuing until Judgement or sooner payment at the rate of 1.76.

Stat Barred? No

Have sent: Sent a CCA request

Other Info:

[Kafka]

Re: Court Claim - Marlin / EGG - 25-9-2014

Have you acknowledged service yet and sent the disclosure letters?

[hairbear]

Re: Court Claim - Marlin / EGG - 25-9-2014

Hi Kafka
Only opened my mail last night so have not acknowledged service or CPR request

When I received a letter from Mortimer Clarke warning that I would be taken to court I sent them a CCA request.
I have attached the letter they sent

Thanks for your help

[hairbear]

Re: Court Claim - Marlin / EGG - 25-9-2014

Kafka this is the cca I sent just to make sure it was ok

[Kafka]

Re: Court Claim - Marlin / EGG - 25-9-2014

Its not clear why you sent the CCA request to MC when that would normally go to the owner. The Notice of Assignment doesn't relate to the CCA so should not be asked for in a CCA request anyway.

The normal action in response to a Letter Before Action is to send a CPR request to the solicitors, demanding sight of all the relevant documents such as the original agreement together with relevant T&Cs, the Default Notice and the Notice of assignment.

As we don't know what you asked for in the CCA request it isn't clear what they are still trying to get.

[hairbear]

Re: Court Claim - Marlin / EGG - 25-9-2014

I have sent you copies of cca, I should have asked for advive sooner

what should I do next

Thanks

[Kafka]

Re: Court Claim - Marlin / EGG - 25-9-2014

I don't know where you got that letter but it isn't accurate and has now muddled the CCA and CPR requests. You also sent a letter referring to them as a DCA but sent it to a solicitors.

S189 of the CCA 1974 is about definitions of terms. Assignment of assets is dealt with under the Law of Property Act,

[Kafka]

Re: Court Claim - Marlin / EGG - 25-9-2014

You already have what they will send for the Assignment, but you still need to have a valid copy of the original agreement together with the contemporary T&Cs, a statement of account, as well as a valid copy of a Default Notice.

It's hard to advise when you have sent incorrect paperwork and to the wrong people. My guess is that you should send the CPR request to MC still, but adapt it to reflect the Notice already received and reminding them of what you still want although you are aware of their earlier offer to contact the original creditor.

The CCA request to the OC and the CPR request to the solicitor are different legal instruments that can help your defence if they don't comply. This may cause complications if they do provide fully, so just hope that for an account so old they won't have the agreement.

http://www.legalbeagles.info/forums/...ic-information

[hairbear]

Re: Court Claim - Marlin / EGG - 25-9-2014

When I sent the letter my thinking was this could be another DCA, so I used curlybens letter
http://www.legalbeagles.info/forums/...ing-with-DCA-s

In hindsight I should have asked for advice.

[hairbear]

Re: Court Claim - Marlin / EGG - 25-9-2014

Could I not start from the beginning and send requests to the approprate people i did not sign the cca
thanks

[Kafka]

Re: Court Claim - Marlin / EGG - 25-9-2014

Key documents for you to adapt are in the Library and this is the CCA one.
http://www.legalbeagles.info/forums/...y-of-Agreement

What you sent was clearly a CCA request, albeit asking for items out of scope and being sent to the wrong party. The fact that they have acknowledged this and passed it on should be OK.

I think you should still send the CPR request as I said above. Typically solicitors refuse to respond to CPR requests, but this one was very obliging re the CCA request.

The Acknowledgement of Service must be sent straight away.

You need to remember that you are (presumably) trying to challenge the claim on the basis of legal technicalities and procedural errors, so it follows that you can't afford to get your submissions or actions wrong, as that can jeopardise a defence you might have won otherwise.

[Kafka]

Re: Court Claim - Marlin / EGG - 25-9-2014

Could I not start from the beginning and send requests to the approprate people i did not sign the cca
thanks

The CCA request has been accepted though. They didn't challenge its validity without a signature, so they wouldn't be able to try that with the court now.

[Kafka]

Re: Court Claim - Marlin / EGG - 25-9-2014

Actually, did you send the £1 fee with the CCA request?
That might give them grounds to claim later that it was accepted as a request but not an official CCA request.

[hairbear]

Re: Court Claim - Marlin / EGG - 25-9-2014

Yes a one pound postal order NOT a cheque

[hairbear]

Re: Court Claim - Marlin / EGG - 25-9-2014

Thanks for the advise, I will be more careful in future and ask for help
I have completed the Acknowledgement of service on line. I Will prepare the CPR request and post it here before I mail it to the solicitors
Thanks