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

[Guest]

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 ?

Yes as Basa says, also, there is no chance that the £1 payment was the fee for the CCA request by any chance.

[nemesis45]

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

Cutting to the end of the chase, the agreement was deemed unenforceable way back and it
is my opinion it still is.

There's a couple more of these old Egg accounts that have appeared recently and it looks
as if Cabots' scrapping the bottom of the barrel in the hope of picking up a few quid from
these.

nem

[FlamingParrot]

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From memory, originally made a cca request and a sat request.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.

Even if they managed to find your agreement THEN, it doesn't meant they'll be able to find it now...

I take it you have sent a new CCA request after receiving the claim... :noidea:

There's been a lot of argument over those Egg agreements, I also have an old Egg card which I've not paid in five years. Never requested a copy of the agreement as they've never contacted me (yet) but I've been reading about it all the time just in case they do in the next few months (before it's SBd in Feb 2016! :clock

Its the sar that to date is still outstanding.

A SAR is a request under the Data Protection Act, not the Consumer Credit Act. Non-compliance with a SAR can be reported to the ICO but that doesn't have anything to do with the enforceability of the account or the court claim. In theory a SAR should also include a copy of the agreement, however, banks often argue that terms are not personal information and should not be included. In the end, none of that is relevant to the claim.

They still have a duty to respond to a CCA request and lack of compliance is a bar to enforcement for as long as the breach remains, meaning they can produce the documents at any time during the course of proceedings and then they'd have to be evaluated on their own merits.

They also have to respond to the CPR request which includes a copy of the agreement, that's the one you should be chasing if they don't provide the documents in 7 days as per the letter.

[roygoodbeat]

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

Am sending and acknowledging everything today along with a request for the agreement.

Do not have any statements so I cannot confirm if it was the £1 credited around end of may, beginning of done. Otherwise the contracted payment would be march.

Egg never sent to my acknowledge those statements that covered that period as I was quieting charges and sar was never fully complied with. Without these can't confirm if its sb. If not, its only just. Had a second card with them which marlin have recently started writing to. That will be sb.

Is there any ground on the harressment issue I experienced at the time. Did counter threaten them with costs and compensation if they pursued this.

[Guest]

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

Cutting to the end of the chase, the agreement was deemed unenforceable way back and it
is my opinion it still is.

There's a couple more of these old Egg accounts that have appeared recently and it looks
as if Cabots' scrapping the bottom of the barrel in the hope of picking up a few quid from
these.

nem

Sorry you are wrong in this, these agreements were specifically tested and found to be enforceable, Search Slater vs Egg it is on here somewhere.


However the issue of whether the £1 that was paid into the account was paid for the CCA or not, if they paid the fee into the account then this could not act as acknowledgment.

As FP said the fact they have not complied in any case is a bar to enforcement.

[FlamingParrot]

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

Sorry you are wrong in this, these agreements were specifically tried and found to be enforceable, Search Slater vs Egg it is on here somewhere.

As FP said the fact they have not complied in any case is a bar to enforcement.

http://legalbeagles.info/slater-v-egg-august-2010/

[basa48]

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

Roygoodbeat - I'm having difficulty understanding your replies.

I would think you must know if this £1 was the statutory fee for the CCA or a payment specifically to the debt account. It would be very odd for someone to pay just £1 towards a debt like this.

If it was the CCA fee then it can not reasonably be said to be acknowledgement and means the SB clock started one month after the last *contractual* payment, i.e. the date specified in the agreement.

The other issue I'm still not clear on - has the claimant ever sent you a copy of your Egg agreement in any way shape or form, e.g. in response to a CCA request or in the SAR documentation?

[nemesis45]

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

A Blanket statement is useless, not all cases are the same by any means!!

[basa48]

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

A Blanket statement is useless, not all cases are the same by any means!!

Sorry nem, is this in response to me? If so I'm confused :confused2:

[roygoodbeat]

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

Ok. Sent off the CCA and CPR requests for the credit agreement and things.

In response to the recent postings:

1) £1 was sent as a gesture of goodwill. A debt advise company suggested this at the time to show goodfaith.
2) An illegible copy of the credit agreement was sent originally back in 2009, along with a seperate set of terms and conditions printed from their site at the look of it showing the current rates and conditions at the time.
3) My subject access request- Never received all the statements at the time. I was questioning the charges at the time. Do not have a statement for the period of 2009 so I cannot confirm if the £1 goodwill gesture was paid in. (I sent the same to other creditors and most accepted them and cleared the accounts between 1st and 3rd June.) Without the statement I will not be able to see if it is SB. If they had not paid it in, then the sb period would start from march/ april.
4) I complained a lot at the time on the subject of harressment and tried to counter claim costs as it appeared they breached the haressment rules (Often is the case with lenders and debt collection agencies). This was ignored by Egg in my letters of complaint. Do not have a log of their call records as these were never sent with the SAR. I beleave they even called my old work at the time.

Thanks for all the advice so far!

[Guest]

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

Ok so if i have this right the payment of £1 in My 2009 is purely out of your own recollection you have received no proof from them that they have any record of it ?

[roygoodbeat]

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

I have a copy of a letter I sent but no proof they cashed it.

[roygoodbeat]

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

Tomorrow is day 7. No response to my cpr request. They did receive and signed receipt via recorded delivery. What do I do next?

[FlamingParrot]

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

You need to chase up the CPR request, you can do so by letter or by phone or email to save time. Mortimer Clarke usually agree to a 28 day extension to file your defence. That being the case, you need to inform the court. :typing:

[roygoodbeat]

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

I wrote to the court 8 days ago in order to advise them that the solicitors wanted a 28 day extention. I called the court yesterday and they have no record of my letter or the solicitors. However, they are running behind and should be dealing with letters and e mails from last week on Friday.

The letter I got back from the solicitors suggested that it was my request to extend the defense by 28 days as they clearly don't appear to have any documents that they mention in the particulars of claim (Cheeky boys)

No response from Marlin regarding my consumer credit request. I sent it to the address that appears on the court claim, which happens to be the solicitors address as well. The solicitors wrote to say that they do not hold documents and they have passed the letter onto Marlin.

Just have to wait to see what happens. Slightly worried that its not on the court system yet. If all is ok, and I do not get the documents before the deadline is up, will submit a defence, them apply for strike out.