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

[Kafka]

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

Yes a one pound postal order NOT a cheque

:okay:

I'd advise that we get this checked in case I've missed anything. Can you message Amethyst at Admin@legalbeagles.info and say I've advised that you ask her to check this over just in case?

[hairbear]

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

Amethyst advised me to send off a CPR and CCA
I would be really grateful if someone could check the documents to make sure their ok.
The Particulars of Claim seem to only concern the agreement so I have only included that in requested documents
Thanks for your help

[hairbear]

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

Hi Beagles
Received reply to my CPR request stating they are taking their clients instructions.

They have agreed to an 28day extension. I assume that this begins from the date I should file my defence.
I will write to the court and advice them.
I have attched the letter if someone could have a quick look and offer any advice

Thanks

[hairbear]

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

Hi Beagles

Latest correspondence fom Marlin stating they do not have any information aout the alledged debt on file. It amazes me how they are allowed to play the court system (keeps the courts in business). Most of these cases are just fishing to see if some poor sole will bite, using fear and threats to intimidate them.
Letter attached

HB

[Amethyst]

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

Yes indeed, the 28 day extension runs from the date your defence was originally due, so yes email the court confirming both parties agreement and attach a copy of the letter from Mortimer Clarke.

So more waiting to see if they come up with the BC agreement from 2000.

[hairbear]

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

Hi Beagles my defence is due to be submitted soon, would someone cast an eye over the attached document .
As usual I cant thank you enough for all your help

HB

IN THE NORTHAMPTON COUNTY COURT (CCBC)

CLAIMNO: *********I*
BETWEEN
MARLINCAPITAL EUROPE LTD CLAIMIANT
AND
********************* DEFENDANT

1: I received the claim xxxxxx from the NorthamptonCounty Court on 29^th September 2014

2: This claim appears to be for a Credit Card Accountagreement regulated under the Consumer Credit Act 1974.

3: I neither confirm or deny that the Defendant has previously entered intoan agreement with Egg Banking plc for provision of credit.

4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. 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.

7: On the 01/10/2014 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8. Mortimer Clarkehas not sent any of these documents to me.

9. On the01/10/2014I 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.

10. The Claimant has failed to comply withs 78 (1) Consumer Credit Act 1974 and by virtue ofs 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

11. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

12. At this stage without documentation I am unable to plead fully 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.

13. 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 / EGG - 25-9-2014

Looks good to me although I am reconsidering para 12 to change to something like

12. At this stage without documentation it is denied the Claimant is entitled to the relief as claimed, or at all. 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.


and in para 3 change confirm to admit.

also, you haven't mentioned the extension ? maybe add that in to para 8 that parties agreed to an extension of 28 and still no docs.

[hairbear]

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

Hi Amethyst
Thanks for your help and I will send in my Defence
I admire the amount of work and free time you have put into this site, but it really makes a differance to peoples lives. Debt drains you emotionally as well as physically and its a relief to find someone to shine a light at the end of a gloomy tunnel.
Thank You
HB

[Amethyst]

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

Cool, nothing more to do then until you hear back from the claimants or the court Date wise you SHOULD hear something before Christmas.

Thank you for the lovely comments, it is always appreciated xxxx

[hairbear]

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

Hi Beagles
Received letter from Mortimer Clarke stating that they had received my defence but because they do not have documentation they have been instructed to put the case on hold and take no further action until they have the necessary documents.

So I think its a case of waiting and ask the court to set aside?

Thanks Beagles for all your help and my advice to any one just starting the process is DONT WORRY the beagles are here to help the DO know what they are talking about. But its your problem and You have to make the EFFORT to study the posts on the site.

Merry Christmas
and thnkyou for making it a happy one

Love HB

[Amethyst]

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

Perfect.

I reckon you give them their 28 days until the case is stayed ( so really just wait till the new year now ) then write to the court and ask them to strike the claim out or put a deadline on supplying documents then strike. I'm guessing you don't fancy hanging about indefinitely with this stayed in the background. You do have to give them a reasonable time so when they received the defence plus 28 days plus a couple weeks should be perfectly fine.

If they do come up with the documents then let us know and we can go through them and see where things stand at that point, but looking quite good so far Fingers crossed that the Egg to Barclays transfer of docs was a complete shambles

Thank you for the lovely post and a happy Christmas to you and yours xxx