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

[Footballgirl]

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.

Hi Amethyst
Tomorrow will be a week before my extension date is up and I was hoping you could help with submitting my defence?
Since I last posted on the site I have not received any information/correspondence from Mortimer Clarke.
I would be really grateful for any advice on what to do now.

Thankyou, Football Girl

[Kafka]

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

There is a sample defence here that you can adapt to suit and include all the points that are relevant to you. Have a go at this and post up your draft for comment.

http://www.legalbeagles.info/forums/...t-Court-Claims

[Footballgirl]

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

INTHE NORTHAMPTON COUNTY COURT (CCBC)

CLAIMNO: **********

BETWEEN

MARLINCAPITAL EUROPE LTD CLAIMIANT

AND

********************* DEFENDANT

DEFENCE

1.Ireceived the claim ******** fromtheNorthampton County Court on 25 September2014

2. This claim appears to befora Credit Cardagreement regulatedunder the Consumer Credit Act 1974.

3. [It isadmitted/denied] that the Defendant has previouslyenteredinto an agreement with Egg/Marlin Europe Ltdforprovision of credit. ??????

4.However, theClaimants statement of case fails to give adequate information toenable me to properly assess my position with regards the claim.

5.The Claimants statement of case states that the account was assignedfrom Egg Banking PLC to MarlinEuropeLtd on *********. The Defendant does not recall receivingnotice of this assignment.

6. It is denied that EggBanking PLC served any Default notice on the Defendant pursuantto s87 Consumer Credit Act 1974. The Claimant is required to provethat a compliant Default Notice was served upon the Defendant.

7.On the ********** 2014 I sent a request for inspection ofdocuments mentioned in the claimants statement of case under CivilProcedure Rule 31.14 to Mortimer Clarke Solicitors. I requestedthe Claimant provide copies of the [Agreement, Default Noticeand Notice of Assignment] .

8. MortimerClarke Solicitors has not sent any of these documents to me.

9.On the ********2014 I sent a formal request for a copy ofthe original agreement to [Claimant] pursuant tosection 78 of the Consumer Credit Act 1974 along with thestatutory £1 fee.

10. The Claimant has failed tocomply with ( s 78 (1) Consumer Credit Act 1974 and byvirtue of ( s 78 (6)) Consumer Credit Act 1974 cannotenforce the agreement.

11. I have asked the Claimant ifwe may agree to extend the time period allowed for filing of mydefence pending receipt of documents (as allowed under CPR 15.5),which they agreed to but have not provided any of the requesteddocuments. ????????

12. Under Civil ProcedureRule 16.5 (4) Where the claim includes a money claim, a defendantshall be taken to require that any allegation relating to the amountof money claimed be proved unless he expressly admits the allegation.Therefore It is expected that the Claimant be required to prove theallegation that the money is owed as claimed.

13. Atthis stage without documentation I am unable to plead fully to theclaim. I request the court orders the Claimants to provide thenecessary documentation in order for me to fully plead my case elsethe Claim should stand struck out.

14. In the eventthat the relevant documents are received from the Claimants I willthen be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment.

Statement ofTruth

The Defendant believes that the facts stated in thisDefence are true.



Signed …………………………………………

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

Dear Kafka

Here is my defence letter. I really hope you have time to take a look and let me know your thoughts.
Obviously i have **** all specifics. I was unsure what the implications are for me to admit or deny the debt in section 3, also i amended section 11 with regards to an extension as Mortimer Clarke did agree to the extension, should i have just omitted this section altogether?
I would really appreciate any advice on this and what to do next.
Yours Gratefully
Footballgirl.

[Footballgirl]

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.

Hi Amethyst
I was wondering if you could take a look at my letter of defence and tell me what you think, also what the next stages are and what to expect, as you know I am very naive in this process so would really appreciate the support.
Many Thanks
Footballgirl

[Amethyst]

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

Maybe...

3. It is neither admitted nor denied that the Defendant has previously entered into an agreement with Egg/Marlin Europe Ltd forprovision of credit.

and


11. The Parties have agreed an extension of 28 days to the date for filing this defence in order to give the Claimant more time to provide the request documents. The extension period has come to an end and the Defendant is still not in receipt of the requested documents.


also amend

13. It is denied that the Claimant is entitled to the relief as claimed , or at all.

[Footballgirl]

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

Hi Amethyst
I was wondering if you could take a look at my letter of defence and tell me what you think, also what the next stages are and what to expect, as you know I am very naive in this process so would really appreciate the support.
Many Thanks
Footballgirl

All done. So I believe i should submit that in two/three days time? What happens then will I hear back from the courts on a decision?

[Amethyst]

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

Yes submit that to the court, then they will send it to the Claimant.

The Claimant then has 28 days to respond to the court to indicate whether they wish to continue, at which point you will receive a N180 Directions Questionnaire - which helps the court allocated the case to a court near you and sets the track it will be on (small claims in this case).

Then we play it by ear really depending on what documents you get sent by the claimant.

[Footballgirl]

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

Yes submit that to the court, then they will send it to the Claimant.

The Claimant then has 28 days to respond to the court to indicate whether they wish to continue, at which point you will receive a N180 Directions Questionnaire - which helps the court allocated the case to a court near you and sets the track it will be on (small claims in this case).

Then we play it by ear really depending on what documents you get sent by the claimant.

I really can't say it enough THANK YOU so much for your help!!