Court Claim - Marlin / Egg - 27-5-2015

[roygoodbeat]

Received a claim? Yes
Issue Date: 27-5-2015
Amount approx: 4729
Claimant: Marlin
Solicitor: Mortimer Clarke
Original Credit: Egg

Particulars of Claim:
By an agreement between Egg Banking plc (Egg) & the defendant on or around 1105/2005 ('the agreement') Egg agreed to issue the defendant with a credit card. 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. £3222 2) Interest pursuant to section 69 of the county courts act 1984, namely £1507 & continuing judgement or sooner at the rate of 0.71

Stat Barred?

Have sent:

Other Info:
Unknown if staue barred. Last payemnt was £1 sent on the 29th May 2009. Should have appeared on the 3rd June 2009. Letters were sent since but clearly stated account in dispute.

Not all info was sent with subject access request which ICO found that egg were likely they breached the regulation. Also Egg hounded me with calls and letters. Egg agreed to remove telephone numbers from system, but then passed on info to other companies.

Was advised at the time, credit agreement was not enforceable.

Since losing my financial advisors job over 6 years ago I have found it a struggle. Long term relationship broke up and suffered depression. Now I am just getting life back together after several years of hell from creditors. New girlfriend just moved in who wants to buy a house in a few years. She knows I had financial problems in the past. This is the last thing I need.

Need some help here!

[basa48]

Re: Court Claim - Marlin / Egg - 27-5-2015

The clock for SB starts the day the first contracted payment is missed (i.e. not the date of the last payment).

Who advised the agreement was unenforceable and for what reason?

Have you requested a copy of the CCA from Marlin? It is quite likely they will not get a copy from Egg as their CC side went 'tits up' in 2013 and they flogged the lot to Barclaycard.

[nemesis45]

Re: Court Claim - Marlin / Egg - 27-5-2015

What was missing from the SAR please?

nem

[FlamingParrot]

Re: Court Claim - Marlin / Egg - 27-5-2015

The claimant therefore claims 1. £3222 2) Interest pursuant to section 69 of the county courts act 1984, namely £1507 & continuing judgement or sooner at the rate of 0.71

£1,507 worth of interest? :scared: That can't be right!

Unknown if staue barred. Last payemnt was £1 sent on the 29th May 2009. Should have appeared on the 3rd June 2009. Letters were sent since but clearly stated account in dispute.

If we agree that the cause of actions starts to run AFTER a payment is missed, then, sadly, this wouldn't be SBd. Presumably a payment was due on June 29th 2009 and the claim was issued before June 29th 2015.

Not all info was sent with subject access request which ICO found that egg were likely they breached the regulation. Also Egg hounded me with calls and letters. Egg agreed to remove telephone numbers from system, but then passed on info to other companies.

Was advised at the time, credit agreement was not enforceable.

Have you still got the agreement in question?

Need some help here!

The first thing you need to do is acknowledge the claim, which you should be able to do online. You'll find full instructions on the thread below, along with the other steps you need to take. Even if you still have a copy of the agreement you received years ago, you still need to send a fresh CCA request to Marlin with £1 fee and the CPR request to the solicitors representing them (Mortimer Clarke by any chance?)

http://www.legalbeagles.info/forums/...it-Court-Claim

[roygoodbeat]

Re: Court Claim - Marlin / Egg - 27-5-2015

The payment I made was a £1 gesture of goodwill. The main payments were overdue by about 2 months.

I still have a copy of the agreement somewhere.

Yes, that is the amount of interest they are claiming. I put the account into dispute a while ago and stated I would claim compensation if they continues to harress me the way they were.

[roygoodbeat]

Re: Court Claim - Marlin / Egg - 27-5-2015

Here is a copy of the agreement.

[Guest]

Re: Court Claim - Marlin / Egg - 27-5-2015

The stat interest is correct at (£3222.20*8)/100= 70.6 per day.
6*365*.71=£1554(roughly)
This is one of the notorious egg agreements, which were held to be enforceable in Slater v Egg.

[roygoodbeat]

Re: Court Claim - Marlin / Egg - 27-5-2015

The clock for SB starts the day the first contracted payment is missed (i.e. not the date of the last payment).

Who advised the agreement was unenforceable and for what reason?

Have you requested a copy of the CCA from Marlin? It is quite likely they will not get a copy from Egg as their CC side went 'tits up' in 2013 and they flogged the lot to Barclaycard.

The first contracted payment was missed in March or April 2009. I made a £1 goodwill gesture at the end of May 2009.

At the time it was said that as egg did not have an approved limit figure, these were deemed as unenforceable.

At the time, I wrote to them saying whilst my cca request and SAR was outstanding, the account was in dispute. Due to the sheet number of calls, I threatend them with harressment and counter claimed up to £12,500 for breaches of this rule and compensation for the stress, letters I had to write and the 'on average' three phone calls a day. I think the last letter I wrote to them (cannot find it now) stated that I deemed the account closed.

I thought the EGG nightmare had finished. Don't want to ruin my life again after 6 years. My long term relationship split up, was diagnosed with depression at the time. Just getting life back together but struggle on the low income I am now on, with loads of hours.

have recently noticed I have a high blood pressure and I am worried I can not move on from the nightmare. met a great lady recently but don't want to f@ck this relationship up because of 6 years ago.

I cannot afford any extra outgoings, or CCJ on my credit file to last another 6 years. Can't do anymore extra hours.

[Guest]

Re: Court Claim - Marlin / Egg - 27-5-2015

One thing the one pound payment would have been a token payment, therefore the account was probably defaulted some time earlier. If this is the case the last payment would have re set the SB period, and the cause of action would have been on the last payment.
This means that they are two days within the SB period, I would recheck your dates carefully.

[basa48]

Re: Court Claim - Marlin / Egg - 27-5-2015

As Peter has said the £1 token payment would unfortunately have reset the SB clock, presumably to the date of the next missed contracted payment. Being a token payment is not the issue, it is that by making a token payment you are acknowledging your liability.

Also as Peter says, those Egg agreements, however bizarrely worded are enforceable.

However, even though you have a copy of the agreement I think it unlikely Marlin will have or be able to get it from Egg. The agreement is unenforceable without it.

[Guest]

Re: Court Claim - Marlin / Egg - 27-5-2015

Yes I am thinking that there may be a possibility that the account had been terminated earlier, the OP mentioned something about two missed payments prior to the token(forgive me if I have this wrong).

If this is so the token itself would have acknowledged under section 29, The cause of action would have been from that date. If this is the case the COA would just be two days away form commencement of proceedings,

[basa48]

Re: Court Claim - Marlin / Egg - 27-5-2015

I don't think the SB issue is something the OP can rely at this stage.

Your best hope is the fact that Marlin have been unable to produce the agreement and from your earlier posts it seems your request for it was made some considerable time ago.

After you have acknowledged the claim, you should be asking for a 28 day extension plus a CPR 31.14 Request for disclosure of specific information of documents mentioned in the statement of case (particulars of claim) - especially that agreement !

[Guest]

Re: Court Claim - Marlin / Egg - 27-5-2015

I don't think the SB issue is something the OP can rely at this stage.

Your best hope is the fact that Marlin have been unable to produce the agreement and from your earlier posts it seems your request for it was made some considerable time ago.

After you have acknowledged the claim, you should be asking for a 28 day extension plus a CPR 31.14 Request for disclosure of specific information of documents mentioned in the statement of case (particulars of claim) - especially that agreement !

No even if the accrual of action was down to section 29 there are still those two days.

I dont think we ever got an answer to the question of if a CCA request was ever sent. Was ther a copy of the agreement in the SAR ?

[roygoodbeat]

Re: Court Claim - Marlin / Egg - 27-5-2015

No even if the accrual of action was down to section 29 there are still those two days.

I dont think we ever got an answer to the question of if a CCA request was ever sent. Was ther a copy of the agreement in the SAR ?

From memory, originally made a cca request and a sat request. It was the sar request that I did not get tge entire statements and things. I could not at the time claim or work out the charges. At this stage I couldn't even confirm if they paid in the £1. Its the sar that to date is still outstanding.

[basa48]

Re: Court Claim - Marlin / Egg - 27-5-2015

From memory, originally made a cca request and a sat request. It was the sar request that I did not get tge entire statements and things. I could not at the time claim or work out the charges. At this stage I couldn't even confirm if they paid in the £1. Its the sar that to date is still outstanding.

So we are still not sure whether or not you received a copy of your agreement, be it by way of a CCA request or the SAR request.

You need to be sure of your dates of what payments were made. This is vital to the SB issue.