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

[nemesis45]

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.

There is a huge backlog of cases in most courts and especially the NCCBC.
So I'm afraid it's a waiting game all round.

nem

[FlamingParrot]

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.

That means tomorrow then, so you should be able to check back on Monday. :ranger:

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.

The CCA request should have gone to Marlin's address directly, not the solicitors, because they are not the creditor and not the party responsible for complying with a CCA request, however, as they say they've passed the request on to their client, you can use that to show the request was received and not complied with. :thumb:

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.

Strike out is seen by the courts as a last resort, when no other remedy is available.

[nemesis45]

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

Give the court half a chance check Tuesday next week, the court office
is no open weekend and cut backs have resulted in staff shortages.

nem

[roygoodbeat]

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

Just had an e mail from the court so they have the 28 day extention.

Now is a waiting game....

[FlamingParrot]

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

Just had an e mail from the court so they have the 28 day extention.

Now is a waiting game....

That's good news, so you can relax for a bit before submitting your defence. :ranger: I doubt they will send any documents but at least you can show you've done everything you could before resorting to the generic defence based around lack of documents. :thumb:

[nemesis45]

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

Well done,
It's fine that you have sent the CCA request to the Solicitors it's the next desk along is all
probably staffed by a paralegal or a trainee, so they can just pass it on.

You don't need to chase it, if the CCA is not provided within the 12 +2 Working days limit
it renders the debt unenforceable until they do produce it.

nem

[basa48]

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

Just as an aside. It seems funny to me that even though these Egg agreements were deemed enforceable in 'Slater' they never issued a claim against me or apparently Flaming Parrott, so much so that mine is rock solid SB'd (even taking the CoA to be the final payment date on the DN).

Egg did provide me a copy under a CCA request, but I reckon when they sold the lot to Barclaycard all those agreements got lost somewhere. I just wonder who should provide the agreement to the OP, Egg or BC??

[nemesis45]

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

Just as an aside. It seems funny to me that even though these Egg agreements were deemed enforceable in 'Slater' they never issued a claim against me or apparently Flaming Parrott, so much so that mine is rock solid SB'd (even taking the CoA to be the final payment date on the DN).

Egg did provide me a copy under a CCA request, but I reckon when they sold the lot to Barclaycard all those agreements got lost somewhere. I just wonder who should provide the agreement to the OP, Egg or BC??

The transfer of the accounts I gather was in specific "lots" one has to wonder if these were labelled duff, possibly collectable, probably collectable???

2 now follow up to claim is not a precedent, it's where " one trip" advice often fails.

nem

[FlamingParrot]

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

Just as an aside. It seems funny to me that even though these Egg agreements were deemed enforceable in 'Slater' they never issued a claim against me or apparently Flaming Parrott, so much so that mine is rock solid SB'd (even taking the CoA to be the final payment date on the DN).

Nope, no claim so far ray: and less than a year to go. :clock:

Egg did provide me a copy under a CCA request, but I reckon when they sold the lot to Barclaycard all those agreements got lost somewhere. I just wonder who should provide the agreement to the OP, Egg or BC??

None of the above, it's down to Marlin who are the current owner, to obtain a copy. Where they go for it is their problem! :grin: :grin: :grin:

I would be inclined to say Barclays would be responsible for supplying it to Marlin since they bought the entire Egg portfolio and I'm not sure what the purpose of the Canada Square outfit is, other than perhaps reject PPI reclaims?

[basa48]

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

I would be inclined to say Barclays would be responsible for supplying it to Marlin since they bought the entire Egg portfolio and I'm not sure what the purpose of the Canada Square outfit is, other than perhaps reject PPI reclaims?

I only ever heard once from Marlin who quoted a completely unknown to me account number ! (I know it was the Egg card because it was for exactly the same amount :tinysmile_twink_t2. I simply replied that I have never had a Barclaycard.

I was thinking of applying to see if I could reclaim PPI since I have no idea if I had it (I suspect not).

Incidentally I also have a delinquent MBNA account where the last payment was in April 2009, but no DN until Oct 2009. PRA (Aktiv Capital as was) wrote to me to say that in view of the age of the account they are no longer pursuing it !!!

[FlamingParrot]

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

I only ever heard once from Marlin who quoted a completely unknown to me account number ! (I know it was the Egg card because it was for exactly the same amount :tinysmile_twink_t2. I simply replied that I have never had a Barclaycard.

I was thinking of applying to see if I could reclaim PPI since I have no idea if I had it (I suspect not).

Marlin are one debt purchaser that re-assigns account numbers. They probably weren't aware that it wasn't a Barclaycard to start with, in some cases MKDP have tried to pass off Barclaycard T&Cs when the card was actually a Morgan Stanley Dean Witter to start with. :grin:

Incidentally I also have a delinquent MBNA account where the last payment was in April 2009, but no DN until Oct 2009. PRA (Aktiv Capital as was) wrote to me to say that in view of the age of the account they are no longer pursuing it !!!

I also have a delinquent MBNA where last payment was in Jan 2010, not heard a peep from anyone since Dec 2011. :tinysmile_kiss_t4: Not even a NoA. :tape2:MBNA wrote to me at that time saying they would not enter into further correspondence about the fact they couldn't find any trace of my agreement. What a shame! :cool2:

[jon1965]

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

The transfer of the accounts I gather was in specific "lots" one has to wonder if these were labelled duff, possibly collectable, probably collectable???

2 now follow up to claim is not a precedent, it's where " one trip" advice often fails.

nem

Lets face it , there are many reasons why a creditor may or may not issue a claim , the primary one for an enforceable debt is cost effectiveness. If all they are going to get back is £1 a month then in 6 years they will not even have recovered their fees and has been claimed on another site you then stop paying and there is nothing they can do about it although I am not sure I would want to test that .
The fact that this agreement seems to have been ruled enforceable does kinda scupper that argument however as also said there may be other ways forward , a new S78 request, what were the termination grounds as I see there is no mention of a DN so was it a contract based termination , is there a NOA . All these things may make a difference.

I saw, not so long ago , two perfectly enforceable debts that were stayed because the creditor could not produce the CCA ( a previous CCA request had been made to the OC)

[roygoodbeat]

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

Almost 28 days extention. Nothing received except a letter saying they are waiting to hear from their client.

No response from marlin regarding my cca request. Have to submit a defence. Any ideas? I think its a p@ss take of the system that they know the case will likely be stayed and they can suddenly produce something at a later stage. Causes a lot of stress and shows no respect for the process. A strong defense would be good.

[jon1965]

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

You can put in a generic defence based on non compliance with CCA request and CPR

Examples are herehttp://www.legalbeagles.info/forums/showthread.php?53221-EXAMPLE-Defence-for-Consumer-Credit-Court-Claims

[roygoodbeat]

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

Thanks for the link. Have now submitted my defense as nothing has been received from the solicitors or Marlin.