Court Claim - marlin capital europe ltd / egg - 25-9-2014

[pjays666]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Hi pjays666,

I have just read your thread and we are in the exact same position. I too recevied a claim on 25th Sep from Mortimer Clarke for Marlin for an Egg card and for a similar amount to you. I sent the CCA and CPR requests off to Marlin and Mortimer as per the advice I have got on here and I have got back the response today from Marlin that they dont have the CCA and are requesting it from the original creditor. They have referred me to Mortimer for all future dealings with this too and Mortimer have also written to me saying they are prepared to give me a 28 day exntsion to file defence. I will use the template in this thread for response to court to advise them of the extension and will also check your thread for advice as my new defence date is same as yours - 28th Nov. Amethyst and Kafka have been supporting me with advice to date which has neen invaluable. Hope this is resolved for both of us.

Thanks for the reply I was jusr worried that they have now sent back the postal order and said deal with mortimer clarke and send them postal order hen surelybthey are responsible for cca. I am concerned they will try and catch me out on technicality

[hairbear]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Hi pjay666

sorry to see the reply from Marlin, They replied to me yesterday stating they had no records on file and were awainting them from Barclays (I posted the letter on my thread) I would resend the CCA and postal order as i'm sure it will be important in your defence as compliance and proof of agreement.

Have you had a reply from the courts regarding the 28 day extension I think this something to keep an eye on. I read in another thread that the court refused to except the application as Mortimer Clarke had not stated the new defence deadline date, slippery customers I think I will leave it Friday and ring the court.
all the best
HB

[Amethyst]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Yes resend the postal order, you have evidence that the 'creditor' has asked you to send it to their solicitors who are acting for them, so it's absolutely fine.

[pjays666]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Yes resend the postal order, you have evidence that the 'creditor' has asked you to send it to their solicitors who are acting for them, so it's absolutely fine.

Sorry to be a pain but just to clarify I can resend the postal order but who to? Them or their solicitors? Do i need to send another cca with the postal order.

[pjays666]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Hi pjay666

sorry to see the reply from Marlin, They replied to me yesterday stating they had no records on file and were awainting them from Barclays (I posted the letter on my thread) I would resend the CCA and postal order as i'm sure it will be important in your defence as compliance and proof of agreement.

Have you had a reply from the courts regarding the 28 day extension I think this something to keep an eye on. I read in another thread that the court refused to except the application as Mortimer Clarke had not stated the new defence deadline date, slippery customers I think I will leave it Friday and ring the court.
all the best
HB

The only reply I have had from the court is an automated receipt to date

[Kati]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Sorry to be a pain but just to clarify I can resend the postal order but who to? Them or their solicitors? Do i need to send another cca with the postal order.

If you've been advised to send it to the solicitors (by the 'creditor') then I'd say send it to Mortimer Clarke. Sending a copy of your CCA won't hurt either ... they can't say they didn't receive it then :tinysmile_twink_t2:

K x

[pjays666]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

If you've been advised to send it to the solicitors (by the 'creditor') then I'd say send it to Mortimer Clarke. Sending a copy of your CCA won't hurt either ... they can't say they didn't receive it then :tinysmile_twink_t2:

K x

The postal order payee was left blank so can I just send that and do I sign the cca or not? I did sign the last one and the cor but read since that you don't need to? Thanks

[Kati]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

The postal order payee was left blank so can I just send that and do I sign the cca or not? I did sign the last one and the cor but read since that you don't need to? Thanks

Yes, you can use the same PO ... just do as they suggested

We write with reference to the above matter and confirm receipt of your letter and postal order for £1.00.
However the postal order has not been completed with the payee details, please amend the payee to mortimer clarke solicitors and direct all correspondence regarding this account to them in the future.

K x

[MIKE770]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

write on the back the purpose of the P O i.e. CCA1974 request purpose only ? or in the case of SAR which ever,

[pjays666]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Hi all, just coming back for some more help please. My defence has to be in by 25th Nov. To date I have not heard anything back from them so now thinking about the defencecas dont want to miss the deadline. Can anyone advise please.

[Amethyst]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Have you had anything back from the claimants yet ?

This is an EXAMPLE of a defence to give you a starting point.... http://www.legalbeagles.info/forums/...t-Court-Claims

[pjays666]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Thanks for all the replies please could someone glance over the defence below and advise accordingly. Should I send this in the post or deliver to my local court as others have done, thanks

1. INTHE NORTHAMPTON COUNTY COURT (CCBC)

CLAIM NO: XXXXXXXXX
BETWEEN
MARLIN CAPITAL EUROPE LTD CLAIMIANT
AND
XXXXXXXXXXXXX DEFENDANT
DEFENCE
I received the claim XXXXXXXXX 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 2/10/2014 I sent a request for inspection of documents mentioned in the claimant’s 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 2/10/2014 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. Marlin returned the postal order and a letter instructing me to send them and all other correspondence to Mortimer Clarke solicitors, this I complied with on 9/10/2014. I have not received a copy of the original agreement from Marlin Capital or Mortimer Clarke solicitors 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.


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

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[pjays666]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

[QUOTE=pjays666;492565]Thanks for all the replies please could someone glance over the defence below and advise accordingly. Should I send this in the post or deliver to my local court as others have done, thanks

1. INTHE NORTHAMPTON COUNTY COURT (CCBC)

CLAIM NO: XXXXXXXXX
BETWEEN
MARLIN CAPITAL EUROPE LTD CLAIMIANT
AND
XXXXXXXXXXXXX DEFENDANT
DEFENCE
I received the claim XXXXXXXXX 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 2/10/2014 I sent a request for inspection of documents mentioned in the claimant’s 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 2/10/2014 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. Marlin returned the postal order and a letter instructing me to send them and all other correspondence to Mortimer Clarke solicitors, this I complied with on 9/10/2014. I have not received a copy of the original agreement from Marlin Capital or Mortimer Clarke solicitors 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.


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

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....
Sorry for bumping this but want to get it in in morning as time is tight thanks again for all the help

[pjays666]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

I need to get this in without fail tomorrow as deadline is 25th and I can't afford any mistakes. Do I need to send copies of letters etc and can it go to local court or send it signed for? Getting jittery now in case I mess up so don't want to be guessing

[Amethyst]

Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

Hi PJ just having a read xxxx