Court Claim - Marlin Europe 11 Limited / Halifax - 21-10-2014

[casper]

Received a claim? Yes
Issue Date: 21-10-2014
Amount approx: £17217.36
Claimant: Marlin Europe 11 Limited
Solicitor: Mortimer Clarke
Original Credit: Halifax

Particulars of Claim:
By an agreement between Halifax (HLX) & the Defendant on or around 28/03/2002
( the Agreement ) HLX 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 payment due & the Agreement was terminated. The Agreement was assigned to the Claimant on 28/11/2013. THE CLAIMANT THEREFORE CLAIMS
1. £12279.80
2. Intrerest pursuant to section 69 of the county courts act 1984 , namely £4287.56 & continuing until judgement or or sooner payment at the rate of 2.69

Stat Barred? No

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

Other Info:
I sent both the CCA request and CPR 31.14 request to the claimant's solicitors both by recorded delivery.
CCA plus £1 fee sent 29/10/2014 and CPR 31.14 request sent 30/10/2014.
I received a letter from claimant's solicitors in reply to my CPR 31.14 request stating that they were taking instructions and would in touch soon , enclosed was a copy of the assignment , they also agreed to a 28 day extension for me to file my defence . I have notifyed the court of 28 day agreement..

[Celestine]

Re: Court Claim - Marlin Europe 11 Limited / Halifax - 21-10-2014

All good so far then, well done.

I'd also be focusing on their right to claim s.69 interest. Unless the original contract allowed for it, we usually argue it is not permissible, see here:

http://www.legislation.gov.uk/uksi/1...article/2/made

So when is the defence deadline? If they don't supply the agreement, terms etc, are you thinking of an application for disclosure under CPR31.14 ?

[casper]

Re: Court Claim - Marlin Europe 11 Limited / Halifax - 21-10-2014

Hi celestine,
Defence dead line 22/12/14 what is application for disclosure?

[Celestine]

Re: Court Claim - Marlin Europe 11 Limited / Halifax - 21-10-2014

Well as this claim would fall into the fast track of the county court because it is between 10k to 25k, there is no doubt that cpr 31.14 would apply.
When a claim is issued against someone, it is usual to supply all documentation evidencing the claim at the time of filing. However debt purchasers seem to believe that they are exempt from this and almost never supply evidence at the start, you have to demand it.

So, what if you genuinely had no idea whatsoever what the claim was about? How could you defend it without paperwork? Why should you?

So if you want to be punchy, you could apply to the court using form N244 for them to disclose all relevant documents by xx date and if they do so the defence shall be filed 14 days after that date. (even if this is way beyond the currently agreed deadline of 22/12/14

If they do not disclose by the ordered date, you should seek that the order strikes out their claim. Such an application would cost you £155 though. The other option is to defend as best you can but then you're at risk of the case dragging on endlessly and becoming stayed.

If you read around the court claim forum areas, you'll find many people who have made such applications and it has been well worth it. Don't worry we can assist you with the wording for the application.

[casper]

Re: Court Claim - Marlin Europe 11 Limited / Halifax - 21-10-2014

Hi there, celestine
Thank you very much for your help , I've been considering what you said over the weekend.
I have decided to go down the road of CPR 31.14 application , I have no experience with these situations and am totally green

I would appreciate your help with a few questions, bearing in mind I have to file my defence by 22/12/14

1) when should I make this application to the courts

2) How long do I give the claimant to provide the information

3) On the form N244 what kind of hearing am I asking for judge etc.

4) Do I have to inform the claiment or does the court deal with that

5) Do I need to send supporting documents I.E copy's of letters and proff of posting

I would be very greatful for your assisted
Kind regards