Court Claim - Marlin Europe / Egg - 25-9-2014

[Footballgirl]

Received a claim? Yes
Issue Date: 25-9-2014
Amount approx: 4900.00
Claimant: Marlin Europe
Solicitor: Mortimer Clarke Solicitors
Original Credit: Egg

Particulars of Claim:
by an agreement between egg banking plc and the defendant on or around 22/07/2003
egg agreed to issue the defendant with a credit card upon the terms and conditions set out therein. In breach of the agreement the defendant failed to make minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on 15/01/2013.
The claimant therefore claims:
1. 3100.00
2. Interest pursuant to section 69 of the county courts act 1984 namely 1610.00 and continuing until judgement or sooner payment at the rate of 0.66

Stat Barred? Possibly

Have sent: Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I received the following letter from Mortimer clarke after requesting a CPR 31.14 request:
We are taking our clients instructions in relation to your CPR 31.14 document request and section 78 CCA 1974 and will come back to you as soon as we can.
We confirm our client is willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.
We confirm the matter will be on hold until we are able to respond.
I would really appreciate any advice on what my next move should be as I really don't know what I should be doing.

[hairbear]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Hi Footballgirl I'm in the same position as you with marlin?mortimer clarke, so you are not alone. It seems that they have bought a batch of debt from Barclays including ours. The Beagles here are really helpful and have already come to my rescue once before.
Hopefull one will be along soon to help.
Best of luck

[Footballgirl]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Hi Hair Bear, thank you for the support!

I was unable to continue working about 8 years ago and found myself in real trouble. This pressumed debt would just be the tip of a very large iceburg. I went on a debt management plan for nearly three years until I found it impossible to pay everyone and live. This claim form has brought back all that awful stress and worry that I had all that time ago. This could be statue barred im not entirely sure but most of my creditors stopped pursuing me when I explained I didn't have enough to pay all my creditors equally/fairly including visitors to my door.

I really would appreciate some more help. The action I have taken so far was from reading links on this website (redirected from money saving expert) but I cant seem to find anyone who has written anything after the CCA and CPR requests.

Thank you again for making me feel less alone and really hope all works out for you. xx

[Amethyst]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Hi Footballgirl, so sorry to have missed your post at lunchtime, I'm just having a read back through now. xxx Thanks hairbear for the nudge xxx

[Amethyst]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Okay You're doing brilliantly so far -you've sent the CPR and CCA requests and had a irritatingly bog standard response from Mortimer Clarke. Just double checking have you acknowledged the claim with the court ? If not do that now online.

So otherwise yes, as hairbear says you just need to let the court know both parties have agreed to the extension.

Email something along these lines to ccbcdefendants@hmcts.gsi.gov.uk, if you can scan in the letter from Mortimer Clarke where they say they agree and attach that to the email that would be good, but it isn't imperative.

SUBJECT: xxxCLAIMANTxxx v xxxDEFENDANTxxx CASE NO: XXXXXX
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to Tuesday, November 25, 2014

Kind regards

xxxxxxxxx
Defendant

and please feel free to ask anything, or just rant away, we've all been in similar positions at one time or another and no one will judge you at all - if you post and don't get a reply within a couple hours its always okay to send someone a pm just to ask them to look at your thread xxx

Welcome to Beagles xx

[Footballgirl]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Hi Amethyst.
Thank you so very much for taking the time to help me!
I did indeed acknowledge the claim online, I will send an email as suggested above and then i guess its a waiting game until November.
Whatever the outcome I would just like to thank everyone and this site again as it been amazing having this support! xxx

[Amethyst]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Indeed, just mark it on your calendar as its a bit of a long wait, and come back on here a week before the times up, we'll need to put in a defence four/five days before the end of the extension.

Also post on here as soon as you hear ANYTHING from the claimants or the courts.

[Footballgirl]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Will Do! Thank you again!!!!!!!!!! xxx

[hairbear]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Hi Footballgirl
have you had any correspondence from Marlin/ Mortimer Clarke, I ve had a letter just to let me know they are awaiting information from barclays.

Have you had a reply from the court to confirm the 28day extension?

All the best

HB

[Footballgirl]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Hi Footballgirl
have you had any correspondence from Marlin/ Mortimer Clarke, I ve had a letter just to let me know they are awaiting information from barclays.

Have you had a reply from the court to confirm the 28day extension?

All the best

Hi Hair Bear

As yet I've not received anything from Mortimer Clarke apart from my quoted letter above. The only thing the court have sent me is an acknowledgement of my email of extension and Mortimer Clarke letter, no actual confirmation of extension I didn't realise we needed that.

Regards

Footballgirl

[Amethyst]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

You don't - the email confirmation is plenty, the court doesn;t need to make any decision or be involved other than to note on the case file that both parties have agreed an extension between themselves so all good xxxx

[hairbear]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

I think that this process can make you a bit paranoid, but I would like to to know that the court are aware and agree with the 28 day extension. the confirmation email stated it takes at least 5 days for the courts to respond so I will leave it till friday and then give them a ring.
The letter I just received seems a standard response if you dont get one just check that the CCA was delivered by recorded delivery. Im sorry not trying to make you paranoid aswell, but it wont hurt to check.
alll the best
HB

[hairbear]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Sorry Amethyst it takes me so long to type things out you replied. Thanks for replying and sorry footballgirl if I worried you.

[Amethyst]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Not a problem hairbear - paranoia can be good when it comes to these cases if in doubt check on here and/or ring the court... best to keep yourself as informed as possible about the status of the case and the process. Take everything the creditor says with a big pinch of salt.

[Footballgirl]

Re: Court Claim - Marlin Europe / Egg - 25-9-2014

Sorry Amethyst it takes me so long to type things out you replied. Thanks for replying and sorry footballgirl if I worried you.

No problem its better to be safe than sorry.