Hello and hoping someone can help...

[probably]

Found your forum after doing a search for Marlin Europe. They have sent a N1 Claim Form in the post claiming for a halifax credit card agreement issued about 15 years ago.

One of your threads said to send a CCA letter. The debt may be statute barred, how do I find this out? On my account the last payment was made over 6 years ago. Do I still send the CCA letter directly to Marlin or via the court with my defence?

I do not have the money to pay and certainly do not want a CCJ after all this time.

Any advice please?

[Tools]

Re: Hello and hoping someone can help...

Hi and welcome to the forum.

As the last payment was made over 6 years ago it is possible it may be statute barred, however, it would also depend on when your last contact with them was.

As you have received a court claim from them I have moved your post into the appropriate place where you should get some further advice.

[probably]

Re: Hello and hoping someone can help...

Thank you.

Even though the last payment was over 6 years ago, my current account is still with them and operational - that's how I could see that a payment hasn't been made for over 6 years. I'm in regular contact with my bank, but we do not discuss credit card. Does this affect the statute barred situation?

[Amethyst]

Re: Hello and hoping someone can help...

So you have copies of your transactions made from your current account to the credit card which show no payment has been made in over six years. Make sure you don't lose access to older transactions or print those out so you hold copies.

What month/year do you believe your last payment was made? SB probably wouldn't start for three months after that, although it is arguable, it is better to check before going direct with a SB defence - also have you had any other contact about the credit card in the interveneing period - did you get a default notice etc and did you make any response to this ?

You need to acknowledge the claim either way anyway and you can do that through moneyclaimonline using the password etc on the front of the claim form. - just tick intend to defend in full - that will just give you a bit more time to deal with this.

[probably]

Re: Hello and hoping someone can help...

Slight update, the acknowledgement of service says to reply within 14 days, which is Saturday including the 6 days it says on the back.

[probably]

Re: Hello and hoping someone can help...

Thank you Amethyst

I will do that on the website.

Do not remember any other contact about the credit card. Halifax record their conversations, so if there are any then they can pull them up.

Last payment looks like it was in 2007 I think from my online bank statements. I will print the bank statements off.

I have seen CCA and CPR a lot on here. What are they and should I be doing that too?

Thank you.

So you have copies of your transactions made from your current account to the credit card which show no payment has been made in over six years. Make sure you don't lose access to older transactions or print those out so you hold copies.

What month/year do you believe your last payment was made? SB probably wouldn't start for three months after that, although it is arguable, it is better to check before going direct with a SB defence - also have you had any other contact about the credit card in the interveneing period - did you get a default notice etc and did you make any response to this ?

You need to acknowledge the claim either way anyway and you can do that through moneyclaimonline using the password etc on the front of the claim form. - just tick intend to defend in full - that will just give you a bit more time to deal with this.

[Amethyst]

Re: Hello and hoping someone can help...

Indeed. Just wanted to ensure you had the SB info cracked first. We can use that later, but we will still send the CCA and CPR requests. I would like to see their letter saying that you made a payment in 2010 too xx

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[probably]

Re: Hello and hoping someone can help...

Thank you Amethyst. I will get on to that straight away. Bank statements are being printed - all of them, so that there is continuity (do I need to show all transactions, or just do a search for all payments to Halifax Visa? I don't want to give them the idea that they could spot something and say that it was paid to them).

Let the fun begin :tinysmile_hmm_t2:

[probably]

Re: Hello and hoping someone can help...

So Marlin Europe would have purchased this debt and spent £510 in court costs and legal fees to try and get this money? Would Halifax have claimed on their insurance for the default on the card? Also, where did all this interest come from? Is it accumulating from default date? Very confused.

[probably]

Re: Hello and hoping someone can help...

Have not heard anything back from Marline after I sent back the form to the court saying that I want to fully defend the claim. Does it normally take this long? I did put another address on the form for them to write to me at, so that it doesn't go to my old address. Nothing received there though either.

[nemesis45]

Re: Hello and hoping someone can help...

Did you send a CCA Request to Marlin?
Check with the court to see if the claim has been stayed.
What the bank has done re " insurance" does not affect the claim.
What is the default date please?

[probably]

Re: Hello and hoping someone can help...

Thank you for your reply nemesis. I just completed the court documents and sent them back, I will ask my wife if she sent the other things that Amyethis said. Cannot find the copies I took of the paperwork.

What does it mean if it has been stayed?

Thanks

[probably]

Re: Hello and hoping someone can help...

Yesterday received a CCJ a few days ago dated end of Jan. There was no reply to the form completed and sent to the court. Is it too late to send CCA request to the claimant and CPR to claimant solicitors? Pretty sure this debt is statute barred.

[wales01man]

Re: Hello and hoping someone can help...

Is this a CCJ or a form for your defence if its a Judgement theres a new problem now

[probably]

Re: Hello and hoping someone can help...

Thank you wales01man. It is a Judgement in Default awarded to the claimant. It says there is 30 days to pay, but the debt is 99.9% statute barred and over £15k, which I do not have. Should I call the court and ask why Judgement was entered in default, when they didn't respond to the acknowledgement of service?