Court Claim - marlin europe / egg - 17-10-2014

[john1975]

Received a claim? Yes
Issue Date: 17-10-2014
Amount approx: £8300
Claimant: marlin europe
Solicitor: mortimer clarke
Original Credit: egg

Particulars of Claim:
by an agreement between EGG banking plc and the defendant on or around 2003,egg issued a credit card to the defendant,in breach of of the agreement the defendant failed to make the minimum payments due and the agreement was terminated, the agreement was assigned to the claimant on 31/01/2013
the claiman claims 1.£5397.82
2.interest section 69 £2420 .62 of the county court act

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
last payment was 2009 and im sure i applied online and never signed any agreement as never return them

[Kafka]

Re: Court Claim - marlin europe / egg - 17-10-2014

If Marlin don't even know when the account was opened then its likely they won't be able to produce adequate paperwork for the agreement. Usually DCAs don't bother to get the agreements from the original creditors, but they at leasy have a record of the agreement data.

Have you sent off CCA and CPR requests?
What happened with the default and assignment processes?
Are there charges added on to this account?

[john1975]

Re: Court Claim - marlin europe / egg - 17-10-2014

Hi would only just allow me to reply even thou i could post, ive done the aos and tomo im going to send the cca and cpr,s off, just not sure what my defence would be, Im sure ive never signed any agreement and ive never been one to return them,my default year was 2009, and was wondering what was best for defence as this agreement was 2003 so wasnt sure what the pre 2007 I keep seeing on here is, thanks

[john1975]

Re: Court Claim - marlin europe / egg - 17-10-2014

Hi would only just allow me to reply even thou i could post, they put a on or around 23/03.2003 on court paper sorry ive done the aos and tomo im going to send the cca and cpr,s off, just not sure what my defence would be, Im sure ive never signed any agreement and ive never been one to return them,my default year was 2009, and was wondering what was best for defence as this agreement was 2003 so wasnt sure what the pre 2007 I keep seeing on here is, thanks

[Kafka]

Re: Court Claim - marlin europe / egg - 17-10-2014

Hi would only just allow me to reply even thou i could post, they put a on or around 23/03.2003 on court paper sorry ive done the aos and tomo im going to send the cca and cpr,s off, just not sure what my defence would be, Im sure ive never signed any agreement and ive never been one to return them,my default year was 2009, and was wondering what was best for defence as this agreement was 2003 so wasnt sure what the pre 2007 I keep seeing on here is, thanks

The importance of 6 April 2007 is that that's when the CCA 2006 changed a lot of the details from the 1974 one. In particular, for regulated loans started after that date it became possible for firms to send reconstructed copies of the agreements valid at the time they started, where previously they were obliged to send true copies of the original agreements. That makes it much easier for firms to comply with legal requirements and in any case, from about 2006 onwards banks and DCAs started keeping better records.

In your case the agreement started in 2003, so to sue for this debt they need to produce a valid copy of the original agreement signed that conforms with all of the prescribed terms. Until they respond to your letters we don't know what they will produce, but the fact that the POC doesn't even know what year it started suggests that they can't access the original agreement.

If you have acknowledged service then get the CCA and CPR letters of asap and check here if you aren't sure what to say. Then its a waiting game until they respond, but you need to watch the dates for submitting the defence.

[john1975]

Re: Court Claim - marlin europe / egg - 17-10-2014

hi all sent now so hopefully see how it goes, so scary as not heard out for years and was hoping the 6 years would get here and then statue barr them so can get my life back, legal advice from some firms is so depressing as there not interested, I have had a ex fraudently put her name on my mortgage and have a recorded phone call to prove and couldnt do anything with a solictor, a unsecured loan to which got me a ccj and a charging order and I paid my dmp to block it and they was still getting paid at the time, it was only beacuse i rang them to say ive lost my job i ended up getting the summons, just all so bad.

[FlamingParrot]

Re: Court Claim - marlin europe / egg - 17-10-2014

The importance of 6 April 2007 is that that's when the CCA 2006 changed a lot of the details from the 1974 one. In particular, for regulated loans started after that date it became possible for firms to send reconstructed copies of the agreements valid at the time they started, where previously they were obliged to send true copies of the original agreements. That makes it much easier for firms to comply with legal requirements and in any case, from about 2006 onwards banks and DCAs started keeping better records.

Actually, it is possible for firms to send recons also for pre-2007 accounts, after the ruling on Carey v HSBC.

S.127 of the CCA 1974 was repealed with effect from April 2007. That section prevented the court from making an enforcement order without a properly executed agreement containing all the prescribed terms. That means for accounts opened after that date, the court has discretion to enforce even without a proper agreement.