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

[moore_p46]

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

Hi Amethyst

I have received the CPR today ( as I was just about to file my defence as a no show ) I havent received a CCA from Marlin, do i file that as a defence or ask for the period toi be extended as per their reply to the CPR

[Amethyst]

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

What does their response to your CPR request say?

[moore_p46]

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

Further to your letter . We are taking our clients instructions in relation to your request and will come back as soon as we can.

We confirm our client is willing to agree 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

[Amethyst]

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

Hiya, Thanks for the PM, yes just email that over to the court with a note saying both parties have agreed to an extension until xx (add 28 days to your original defence date) and you're done. If you hear anything let us know, if not then come back a week before the 28 days is up and we'll get started on the defence.

[moore_p46]

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

Thanks again to all of you for your help

[moore_p46]

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

Hi Amethyst, its a week to go before I file my defence and I've had no documents back from wither Mortimer Clarke or Marlin. What woud you advise as a use for defence? Would it be the template http://www.legalbeagles.info/forums/...t-Court-Claims

[Amethyst]

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

Yes you can use that as a starting point for working on the defence, post up here as you go and make sure it is right and relevant for your case, and we'll help you with it.

I'd send it in 3/4 days before the extension is up.

[moore_p46]

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

Thanks very much for the quick response

[moore_p46]

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

Could anyone run the rule over the template I've been given before I file it, many thanks

1: I received the claim AXXXXXfrom the Northampton County Court onXXXXX

2: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

3: It is denied that the Defendant has entered into an agreement with Marlin Capital Europe Ltd for provision of credit.

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

8: On the 14^th October 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors I requested the Claimant provide copies of the Agreement .

9. Mortimer Clarke has not sent any of these documents to me.

10. On the 14^th October 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.

11. The Claimant has failed to comply with 78 (1)] Consumer Credit Act 1974 and by virtue of 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. At this stage without documentation I am unable to plead fully to the claim. 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.

15. 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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

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

[Amethyst]

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

Great. only made a couple very small amendments.

1: I received the claim AXXXXX from the Northampton County Court Business Centre on XXXXX

2: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

3: It is denied that the Defendant has entered into any agreement with Marlin Capital Europe Ltd.

4: It is neither admitted nor denied that I had an agreement with 'Egg'. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The Claimant's statement of case include not detail as to the terms of any agreement, how the sum claimed has been calculated or when the agreement was terminated. I do not have any copies of a default notice or notice of assignment.

8: On the 14^th October 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors I requested the Claimant provide copies of the Agreement .

9. Mortimer Clarke has not sent a copy of this document to me.

10. On the 14^th October 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.

11. The Claimant has failed to comply with 78 (1)] Consumer Credit Act 1974 and by virtue of 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12 Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

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

14. 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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

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

[moore_p46]

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

Thanks ever so much

[Amethyst]

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

That's okay and sorry you had to chase me up xxxxx

[moore_p46]

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

Really not a problem, I can't thank you enough

[moore_p46]

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

Hi Further on from this, Ive filed my defence, I've received a letter saying that they will look into. We are now over the 28 days etc to file the defence ( 18th December) . Can I apply for it to be struck out ? If so how do I go about getting this particular monkey off my back or am I better off not prodding the hornets nest ?

[Amethyst]

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

Hi Further on from this, Ive filed my defence, I've received a letter saying that they will look into. We are now over the 28 days etc to file the defence ( 18th December) . Can I apply for it to be struck out ? If so how do I go about getting this particular monkey off my back or am I better off not prodding the hornets nest ?

If you give the court a buzz they will confirm if it has been stayed or not, and then you can look at applying for the case to be struck out ( will cost £155 for an application fee unless you are entitled to fee remission - ridiculously expensive but you can claim it back from the claimant if you are successful - and even more ridiculously the MOJ are looking to increase it to £255 in April !!!! insane !) But first step to ring court and see if it is stayed, if it is we can then write to claimants to say, oi where's the documents, get them and tell court if you want to continue or I'll aplly to strike unless you fancy withdrawing etc.