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

[pjays666]

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

Amethyst, Thank you I have emailed you the docs.

[Amethyst]

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

Hiya, Okay the egg agreement looks right. I agree it could have been knocked up by anyone but recons are allowable in court. So long as it is the agreement you signed - ie check the interest rate at the beginning of your account was 15.9% and the default charges are right.

they should have sent you a copy of amended terms from before you ended the agreement too. And the default notice and statement of the account.

they have offered a tomlin order, so if you can afford payments that they accept you could avoid getting the CCJ.

I'll upload the first couple pages of the agreement

[nemesis45]

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

As a reconstituted agreement is must
have.

Your name and address as it was when the account was opened
ditto for creditor.

The T's and C's relevant at the date the account was opened And those relevant when the account
was closed.

If these are not present the recon fails.

nem

[pjays666]

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

I have had no dealings with this for years so I don't have any paperwork whatsoever. Do I just have to accept this is true. Is there anything else I can do to fight this or do I just accept these scumbags can just do what they want. I have not got default notice or statement of account. What I can't understand is why they wait over a year before just sending this in the post. Sorry rant over. Where can I go from here please as I can't check interest rates as the default isn't even on my credit file it was that long ago.

[pjays666]

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

As an afterthought this card app was done online so I don't think I ever signed anything

[Amethyst]

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

A tick box on t'internet would be enough for a signature in 2006.

[pjays666]

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

Is there a template for requesting remainder off docs or is that not relevant. As on cca or cpr I requested default notice and statement of account which they also haven't supplied. Do they have to apply to lift stay and do they have to inform me. This is a minefield and having got this far don't really want to just give up.

[pjays666]

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

Hi Sharon I have sent you an email regarding this. Could you please advise if you have time. I would have just put it on here if I wasn't such a technophobe lol. Thanks so much I really appreciate your advice.

[pjays666]

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

A tick box on t'internet would be enough for a signature in 2006.

Hi amethyst I have sent you another email. If you could advise when you have time I would be grateful thanks pjay

[Amethyst]

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

Got it

That letter sounds absolutely fine Pjay, I 've just made a couple of amendments, I was adding a little bit but ended up switching a bit around ( sorry ).

Dear Sirs,

Ref: CLAIM NO XXXXXX
Marlin v PJay

I write in response to your letters dated 29 Dec 15 stating that your client remains willing to settle this matter.

This letter is somewhat confusing as it is now 13 months since my Defence was filed at court, and you have, to date, failed to provide any evidence that the debt has anything to do with me.

Whilst I have received a reconstituted credit agreement no personal information is entered and therefore I cannot accept that this relates to an agreement made by myself. I have not seen this credit agreement before and dispute that it is anything other than a generic copy from around the date you claim it was entered into.

You have also failed to provide copies of a compliant default notice which should have been served pursuant to s87 of the Consumer Credit Act 1974.

I expect the documents to be received within the next 14 days, or your client to discontinue the claim, else I will be making an application to the court to have this claim struck out and all costs be bourne by yourselves

[pjays666]

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

Got it

That letter sounds absolutely fine Pjay, I 've just made a couple of amendments, I was adding a little bit but ended up switching a bit around ( sorry ).

Thank you so much that sounds excellent. Just one further point, should I mention that I also have not received a statement of account, if so should they still be charging interest in view of the time frame? Thanks again your help, as always, is much appreciated.

[pjays666]

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

Amethyst I havenow compiled this letter and am ready to send it signed for in the morning. Just a few quick questions, firstly should I sign it and secondly is there any need to mention statement of account or not. Thanks so much...Pjay.

[moore_p46]

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

Hi There

I have just received a letter in response to the CPR request I made , it has a reconstitute copy of the agreement and refers to Carey v HSBC as a test case as not to supply a signed copy of the CCA for it to be enforceable ? Is this correct or is it just standard tactics , happy to send docs for somebody to have a look

Thanks

[nemesis45]

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

Hi There

I have just received a letter in response to the CPR request I made , it has a reconstitute copy of the agreement and refers to Carey v HSBC as a test case as not to supply a signed copy of the CCA for it to be enforceable ? Is this correct or is it just standard tactics , happy to send docs for somebody to have a look

Thanks

Good morning,
Yes that is correct, however a reconstituted agreement Must have certain elements to be compliant.

1. Your name and address as it was when the account was opened.

2. Terms and Conditions relevant at the inception and closure of the agreement.

3. Any other documents mentioned in the T's & C's.

nem

[moore_p46]

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

Thanks for this Nem

My name and address is on a seperate piece of paper but appears to be part of the agreement . The T&C 's for the opening for the opening of this account seem to be attached , would the T&C's for closing be included in this as well ?

I'm a bit miffed as I thought I had put this to bed as I filed a defence back in Nov 2014 and never heard anything

Thanks for your assistance