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

[geoffers1]

Received a claim? Yes
Issue Date: 25-9-2014
Amount approx: £2800
Claimant: Marlin Capital Europe Ltd
Solicitor: Mortimer Clarke Solicitors
Original Credit: Egg

Particulars of Claim:
By and agreement between Egg Banking PLC ("EGG") & the Defendant on or around 11/11/2003 ("the Agreement2) 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 the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant on 31/01/2013. The claimant therefore claims:
1. £2239.67
2. Interest persuant to section 69 of the County Courts Act 1984, namely £559.14 and continuing until Judgement or sooner payment at the rate of 0.49.

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I have now received a letter from Mortimer Clarke Solicitors:

Thank you for your letter dated 16/10/2014
We are still waiting for documents to be supplied from our client. We anticipate this may take some time, however we will forward them to you as soon as we can.
In the meantime we will place the matter on hold.

What I'm assuming is that they expect me to wait around so they get judgement by default. What I am looking for is how to word my defence to get the case struck out.

[Amethyst]

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

I would ask them to agree to an extension tomorrow - http://www.legalbeagles.info/forums/...filing-defence (email them or ring them)

As you are cutting it fine for getting your defence in if it was issued on 25th September.

If they don't reply or refuse then you'll need to get your defence in, there is a starting point http://www.legalbeagles.info/forums/...t-Court-Claims - IT IS JUST a starting point though so don't just fill in the blanks you need to make sure it fits your circumstances and the case. We're happy to help you with it if you get stuck.

But otherwise yes you are right, don't rely on their word that they have put it on hold, they always say that and rarely actually do.

[geoffers1]

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

Mortimer wrote to me on the 8/10 after receving the CCA request and CPR request agreeing a 28 day extension. I wrote to the court on the 11/10 informing them of the extension. By my reckoning I have to submit defence by 6/11?? What I don't want to happen is I leave it too late and get caught out. If I follow the link above, put my details in and post it back here will you check it? Thanks.

[Kafka]

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

Somebody will, but allow time as presence fluctuates. If you don't get a quick reply then repost on the thread to bump the post up to the top so it gets seen by people logging on.

[geoffers1]

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

This is what I've got the defence as so far:

1. I received the claim A1JQ9234 from the Northampton County Court on 28^th September 2014

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

3. 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.

4. It is denied that Egg Banking PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

5. On the 3/10/2014 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, Default Notice and Notice of Assignment.


6. Mortimer Clarke Solicitors have only sent a copy of a Notice of Assignment.

7. On the 3/10/2014 I sent a formal request for a copy of the original agreement to Marlin Capital Europe LTD pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8. The Claimant has failed to comply with s77 (1)/s78 (1) Consumer Credit Act 1974 and by virtue of s77 (4)/s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

9. 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.

10. 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 Capital Europe Ltd / Egg - 25-9-2014

Looks good, have made a couple minor amendments for you xx



1. I received the claim A1JQ9234 from the Northampton County Court on 28^th September 2014

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

3. 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.

4. It is denied that Egg Banking PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

5. On the 3/10/2014 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, Default Notice and Notice of Assignment.

6. Mortimer Clarke Solicitors have only sent a copy of a Notice of Assignment.

7. On the 3/10/2014 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.

8. 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.

9. At this stage without documentation I am unable to plead further 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.

10. 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 .................................................. ....