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Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014
That looks super - have made a couple of minor amendments for you but looks good
xxx ( obv you'll have to put the heading back on and the para numbers.)
DEFENCE
I received the claim XXXXXXXXX from the Northampton County Court dated 25th September 2014
This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
I am unable to admit or deny whether there is an amount due under an agreement with Egg Banking Plc as the Claimant lacks sufficient detail for me to assess my position.
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 and the Claimant is required to evidence such.
The Claimant is required to prove that a compliant Default Notice was served pursuant to s87 Consumer Credit Act 1974
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.
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 .................................................. ....
That looks super - have made a couple of minor amendments for you but looks good
xxx ( obv you'll have to put the heading back on and the para numbers.)DEFENCE
I received the claim XXXXXXXXX from the Northampton County Court dated 25th September 2014
This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
I am unable to admit or deny whether there is an amount due under an agreement with Egg Banking Plc as the Claimant lacks sufficient detail for me to assess my position.
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 and the Claimant is required to evidence such.
The Claimant is required to prove that a compliant Default Notice was served pursuant to s87 Consumer Credit Act 1974
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.
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 .................................................. ....
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