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

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  • #31
    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 .................................................. ....
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #32
      Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

      Originally posted by pjays666 View Post
      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
      Don't send copies of letters at this stage. You can post it signed for or you can print it to PDF and email it to Northampton CCBC - if you give the court a call they'll tell you the best way to do that. Unfortunately you can't take it to your local court as its stuck at CCBC until allocation.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #33
        Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

        Actually you've not mentioned the extension

        add that in after the CCA request bit

        . The Parties agreed to an extension of 28 days to the date required to file my defence (pursuant to CPR 15.5) in order to allow the Claimants time to get their house in order and produce the documents required.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #34
          Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

          Hi all could I ask some more advice on this claim. I received a letter off Mortimer Clarke solicitors around 7 dec 14 the letter states:

          we we have received your defence.

          we are continuing to liaise with our client in relation to the comments detailed in your defence and your correspondence. We shall contact you as soon as we have received an update.

          in the meantime, the matter has been placed on hold and no further action will be taken.

          since receiving this I have heard nothing, what should I do next and when?

          Comment


          • #35
            Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

            Sorry for reactivating this thread. I have today received another 2 letters from mortimer clarke one just has monthly expenditure form attached. The other has a copy of an agreement which has my name and address on blank page together with a letter of assignment from barclaycard to marlin. They have also whacked a shedload of interest on it and offered to accept half in full settlement. This is the only correspondence i have had off them since dec 2014. Please advise thanks and happy new year to all.

            Comment


            • #36
              Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

              Bump please advise

              Comment


              • #37
                Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

                Hi Pjays xxx

                Happy New Year to you.

                Just having a read of your thread now xxx

                Sharon
                xx
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #38
                  Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

                  Okay

                  They will have to apply to the court to lift the stay and reinstate the claim which is currently on hold in the court. You should receive notice of any application made from the court - have Mortimers/Marlins indicated they will be applying to lift the stay ?

                  Would you be able to do a pic of your agreement you've received, with your personal details covered. Just so we can check it over and have a better idea of what your options are likely to be.

                  Sharon
                  xx
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #39
                    Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

                    Hi Sharon. Thanks for the reply. They have not even mentioned anything at all about the court. It is as though they are just trying to get me to pay or acknowledge as it will be statute barred shortly as i havnt made a payment or acknowledged it since mar 2010. I will copy the covering letters in the morning and post them for you to look at. As for the agreement, that is 14 pages long and my name is not mentioned once apart from on a blank piece of paper at beginning with your right to cancel and name and address underneath. There is no agreement number anywhere either. There was originally a default on this which is no longer on my credit file due to time. Having just read one of letters again it says we enclose a copy reconstituted credit agreement with terms and conditions. The second letter starts our client remains willing to settle this matter without the need to proceed to a court hearing.

                    Comment


                    • #40
                      Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

                      Once a claim has been made in court I'm afraid that statute barring stops running, if they discontinue or are struck out, it does start again, but there's no point stringing them out during court proceedings hoping to hit statute barred.

                      I think a response to the sols stating that your defence stands and reminding them they will need to apply to lift the stay if they wish to proceed, and that you will be applying to the court to amend your defence now they have finally provided some of the relevant information and requesting those costs from them. But we best look at the agreement and default notice ( did they send one?) first. Also is there a statement of the account in their documents they sent to you?
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #41
                        Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

                        I will post the info later this morning. There isnt a statement of account or a default notice just the reconstituted copy which to be frank i could have knocked up with a photocopier and printer.

                        Comment


                        • #42
                          Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

                          One here from 2003 ... not sure when yours was taken out. (EDIT: 2006 ) http://www.legalbeagles.info/forums/...03-credit-Card

                          Try a google image search on Egg CCA - fair few up there
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #43
                            Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

                            Thanks can I ask how to put documents on here. I have 2 documents one is 14 pages long (This is the reconstituted copy and looks nothing like the ones shown above. The second is only a page. Hoping to get this put on here soonest but pretty useless with tech.

                            Comment


                            • #44
                              Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

                              Can you email it ? I'm happy to sort it out for you xxx admin@legalbeagles.info
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #45
                                Re: Court Claim - marlin capital europe ltd / egg - 25-9-2014

                                Originally posted by pjays666 View Post
                                I will post the info later this morning. There isnt a statement of account or a default notice just the reconstituted copy which to be frank i could have knocked up with a photocopier and printer.
                                Which I'm sure that they are quite capable off.

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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