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

[Abcot1]

Received a claim? Yes
Issue Date: 25-9-2014
Amount approx: 10700
Claimant: Marlin Capital Europe Limited
Solicitor: Mortimer Clarke Solicitors
Original Credit: Egg

Particulars of Claim:
By an agreement between Egg Banking plc ("EGG") & the defendant on or around 04/02/2004
("the Agreement") EGG agreed to issue the Defendant with a credit card upon th terms & 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. 7695.30
2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2487.74 & continuing until judgement or sooner payment at the rate of 1.69

Stat Barred? Yes

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

Other Info:
I have already sent the CCA and CPR letters (dated 14/10/2014) after filing the Acknowledgement of Service. I have received a letter from Mortimer Clarke on 24/10/2014 saying:

"Further to your letter dated 14/10/2014, we are taking our clients instructions in relation to your request and will come back to you as soon as we can.

We confirm our client is willing to agree to the 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.

We further acknowledge your request under sections 77-79 of the Consumer Credit Act 1974. We enclose a notice of assignment which we are instructed was sent to you on 07/02/2013. We will forward any additional documents we receive as soon as we can.

In the meantime the matter has been placed on hold.

Yours faithfully

Mortimer Clarke

Mortimer Clarke Solictors

The 28 day extension is now due to expire on Tuesday 25th November and I am unsure what is the best possible course of action yet. Any help or advice on my next steps will be gratefully received. Thank you in advance.

[Amethyst]

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

Morning Abcot and welcome to LB xxxx

Well sounds like you have done everything right so far So now it's a matter of getting a defence together to file Monday before the extension ends.

Can you tell us a little bit about the debt? Do you recall when you defaulted and when you last made payments/acknowedged the debt ?

[Abcot1]

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

So should I be filing a defence even though they have not provided the agreement nor have I had any further information since their last letter?

Details about the debt are as follows:

My card was canceled in the first wave of EGG clients to have their accounts stopped in February 2008, I am currently trying to find out from my bank when the last payment was made to them. I think my last payment will have been at sometime in 2008. I have not acknowledged the debt since then with any company or DCA. Having checked my credit file both Barclaycard and Marlin europe have a default date being issued in 2010 but i have no recollection of ever seeing either of these default notices.

Should I be considering applying for an unless order to see if they can provide any documentation at all?

[Amethyst]

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

Ahh so sorry, I didn't spot that the claim was for £10700. In which case yes an Unless order is a good idea.

Was your account terminated in 2008 while it was up to date ? and THEN you stopped making payments ? or had you got into arrears before them - ie what was the reason for the account being terminated as I know many people were running their accounts perfectly well when Egg decided to ditch them.

Relevant to the statement

In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated.

[basa48]

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

Ahh so sorry, I didn't spot that the claim was for £10700. In which case yes an Unless order is a good idea.

Was your account terminated in 2008 while it was up to date ? and THEN you stopped making payments ? or had you got into arrears before them - ie what was the reason for the account being terminated as I know many people were running their accounts perfectly well when Egg decided to ditch them.

Relevant to the statement

A can of worms here Amethyst !! Thousands of Egg card subscribers received the infamous 'We are ending your Agreement' letter in 2008. Many of us said 'thanks' and stopped paying.

The argument goes that if they ended the agreement (which is exactly what the letter said) then there is no enduring agreement for the debtor to make the repayments and then how can you issue a DN on an agreement that does not exist?

We now have a situation where Barclays have asked me (through Marlins) to settle a debt against a Barclaycard account that has never existed!

If Barclays have bought the rights and duties of these credit agreements off Egg then surely Marlins should be suing on behalf of Barclays not Egg?

[Abcot1]

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

Hi Amthyst

I have just spoken to my bank and they informed that my last payment was on the 1st December 2008, unfortunately 2 months from being SB as I believe it is from the instigation of court proceedings - 25th September 2014 - not the judgement date - pending.

In answer to your question regarding status of account, it was up to date with regular monthly payments and usage. There were probably some late payments over the 5 years I held the account but nothing serious as to default the account.

Thanks

Abcot

[FlamingParrot]

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

I have just spoken to my bank and they informed that my last payment was on the 1st December 2008, unfortunately 2 months from being SB as I believe it is from the instigation of court proceedings - 25th September 2014 - not the judgement date - pending.

Sadly that is correct, the clock was reset when proceedings were started. Judgment date doesn't enter into it, if it had been SBd when they started proceedings they couldn't obtain judgment.

You'll have to look at other reasons you may have for disputing the account, such as issues with the agreement. As you applied for the card in 2004, there should have been an agreement signed by you even if you applied online. :thumb:

Have you done the unless order suggested above?

[Abcot1]

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

Thank you Flaming Parrot.

As the defence deadline from their initial extension is due on Tuesday 25th November should we write (email) Mortimer Clarke and offer them a further time period to respond or should we just do the Unless order on Monday? If the latter what should I put in as my defence?

All your advice is very helpful. Thank you.

[FlamingParrot]

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

Thank you Flaming Parrot.

As the defence deadline from their initial extension is due on Tuesday 25th November should we write (email) Mortimer Clarke and offer them a further time period to respond or should we just do the Unless order on Monday?

The maximum period for extensions is 28 days, there cannot be indefinite extensions. Given the amounts involved, I'd be inclined to do the unless order.

If the latter what should I put in as my defence?

All your advice is very helpful. Thank you.

If you do an unless order you wouldn't be submitting a defence at the same time, the idea is to force them to disclose the paperwork they have so you can formulate a defence once you have it.

[Abcot1]

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

Evening all,

As my deadline is due tomorrow I have prepared the below to be put on the Unless Order...would you be so kind as to critique please?


1. I Abcot1 of xxxxx being the Defendant, am a litigant in person in this case.

2. I sent a request pursuant to CPR 31.14 to the Claimant on 14/10/2013. Exhibit 1 2 documents are included.
3. After the deadline of 7 days in CPR 31.15, I contacted the Claimant by email on 23/10/2014. Exhibit 2
4. On 14/1/2014 I received a letter from the Claimant in response to the request pursuant
to CPR 31.14 I sent to the Claimant. Exhibit 3

5. As referred to in the letter from the Claimant, Exhibit 3, 4 documents are included

6. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at
paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If
a party thinks it worthwhile to mention a document in his pleadings, witness statements
or affidavits, I do not see why, subject as I say to the question of privilege, the court
should put difficulties in the way of inspection. I look upon the mention of a document
in pleadings etc as a form of disclosure. The document in question has not been disclosed
by list, or at any rate not yet, but it has been disclosed by mention in what, for the
purposes of litigation, is another important and formal category of documents. If so,
then the party deploying that document by its mention should in principle be prepared to
be required to permit its inspection, and the other party should be entitled to its
inspection.”

7. The CPR 31.14 is outstanding to this date and the Defendant , having given the
claimant every opportunity to comply, has no choice but to apply to the court in order to
force the claimant to comply with the CPRs.

8. Statement of Truth:
I, Abcot1 the Defendant, believe the facts stated within this Witness Statement

Signed

Dated


Thanks in advance.

[Amethyst]

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

Bit more guidance on http://www.legalbeagles.info/forums/...order-at-court but yes you have the main bits in though I'd be inclined to explain a bit more what the documents are when you mention them as exhibits - also put parenthesis around the exhibit points eg [EXHIBIT 1]. Also you haven't actually put in there what documents you are asking for under CPR 31.14 - and you need to say that they are included in the claimants statement of case - it does seem you would only be entitled to the Agreeent and Terms though off the back of their POC. I would also then add in that you have also asked for the agreement under CCA s 78(1).

By an agreement between Egg Banking plc ("EGG") & the defendant on or around 04/02/2004
("the Agreement") EGG agreed to issue the Defendant with a credit card upon th terms & 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. 7695.30
2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2487.74 & continuing until judgement or sooner payment at the rate of 1.69

[Abcot1]

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

Thanks Amethyst.

I will re write including your guidance and post back up here before submitting today via e-mail to the courts.

Regards

[Abcot1]

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

How does this read now?

1. I Abcot1 of xxxxx being the Defendant, am a litigant in person in this case.

2. I sent a request pursuant to CPR 31.14 to the Claimant to provide copies of the agreement, terms & conditions, default notices served and assignment of debt from EGG on 14/10/2013 as these are documents the claimant clearly states they are relying on in their statement of case. [EXHIBIT 1]

3. I sent a request persuant to CCA s 78(1) for the claimant to provide a copy of the agreement. [EXHIBIT 2]

4. After the deadline of 7 days in CPR 31.15, I contacted the Claimant by email on 23/10/2014. [EXHIBIT 3]

5. On 27/10/2014 I received a letter from the Claimant in response to the request pursuant
to CPR 31.14 that I sent to the Claimant on 14/10/2014 [EXHIBIT 4]


6.As referred to in the letter from the Claimant dated 24/10/2014, exhibit 3, 3 documents were also enclosed but not any which were requested in my original request, exhibit . (EXHIBIT 5)

7. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at
paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If
a party thinks it worthwhile to mention a document in his pleadings, witness statements
or affidavits, I do not see why, subject as I say to the question of privilege, the court
should put difficulties in the way of inspection. I look upon the mention of a document
in pleadings etc as a form of disclosure. The document in question has not been disclosed
by list, or at any rate not yet, but it has been disclosed by mention in what, for the
purposes of litigation, is another important and formal category of documents. If so,
then the party deploying that document by its mention should in principle be prepared to
be required to permit its inspection, and the other party should be entitled to its
inspection.”

8. The CPR 31.14 is outstanding to this date and the Defendant , having given the
claimant every opportunity to comply, has no choice but to apply to the court in order to
force the claimant to comply with the CPRs.

9. Statement of Truth:
I, Abcot1 the Defendant, believe the facts stated within this Witness Statement

Signed

Dated

[Amethyst]

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

'' 3. Additionally I sent a request persuant to the Consumer Credit Act 194 s. 78(1) for the claimant to provide a copy of the agreement. [EXHIBIT 2] I have not received a response to this request. "

Otherwise great xxx

[Abcot1]

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

Thank you.

Now that I have this wording I assume it has to be put on form N244? If so which court do I send it to as the claim is from the CCBC at Northampton, would it be there or my local county court?

Regards