Marlin capital euope

[diveens]

Hi
I received a judgement for clam from marlin capital Europe I dont know who the are but they are clamingI owe them £2.977.05. I have had no credit card for years so I'm not sure where this info came from.
i need some advice on what to do next

[nemesis45]

Re: Marlin capital euope

Hi
I received a judgement for clam from marlin capital Europe I dont know who the are but they are clamingI owe them £2.977.05. I have had no credit card for years so I'm not sure where this info came from.
i need some advice on what to do next

Good morning, welcome to LB.

Is this titled Judgement for Claimant instructing you that a judgement has been made and how and when you must pay the debt.

Marlin is a debt purchaser and will have bought your debt from the original creditor or another debt purchaser.

Did you receive a " Claim Pack" from the Northampton County Court Business Centre?
If you have received the judgement order it seems the court and the claimant has your
correct address.
Have you moved house fairly recently, could the claim pack have gone elsewhere?
Do you think any such debt would be statute barred, i.e. if it's a credit card debt.. 6 clear
years with no payments made and no unequivocal written acknowledgment of the debt?

nem

Are you sure this is a credit card debt?
Has any company been chasing you for such
a debt?

Please post the full details of the order after removing your personal data, it will
help to get you the correct advice.
Check your credit reference files to see if there is any information about the debt,
try Noddle Call Credits free Online report service.
Normally you would have had correspondence for sometime before a claim was
issued e.g. a Default notice from the original creditor, a notice of assignment from
Marlin and /or the original creditor.

[FlamingParrot]

Re: Marlin capital euope

Hi
I received a judgement for clam from marlin capital Europe I dont know who the are but they are clamingI owe them £2.977.05. I have had no credit card for years so I'm not sure where this info came from.
i need some advice on what to do next

Marlin are a purchaser of defaulted accounts. It could be a credit card, an old loan or home shopping (catalogue) account. Have you checked your credit records to see if there's any defaults on there? Of course if this was a very old debt it could have dropped off already, defaults drop off after six years. If it's an old account it could also be statute barred if there's been no payments or written acknowledgment in the past six years.

I assume you are referring to a CLAIM FORM rather than an order of judgment.

Below are the first steps to take upon receipt of a claim. It would be useful if you could post up the particulars of the claim. :typing:

The most important thing is to acknowledge the claim within 14 days to avoid them requesting default judgment. :scared: Full instructions here: http://www.legalbeagles.info/forums/...313#post499313

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[diveens]

Re: Marlin capital euope

Hello thanks for reply
i have not lived at the property for 4 years and at the time of moving out I had no debt collects chasing me I recently asked if I had mail and only received the letter from marlin. These are the details I received . I did have an egg credit card but I believed I paid that off the card expired in 2007 and sill in my possession today. Please help this is really stressing me out. I have had no credit cards or loans chaśing me .i have checked the credit report and it has been originated from a Cabot financial in brackets marlin ltd have no knowledge of this Money or where it came from the value Of the default 1939. I have not taken any loans very confused.

---

[FlamingParrot]

Re: Marlin capital euope

Without seeing what you'd received, I just assumed you'd received a claim not a judgment.

Ignore what I said above as that refers to responding to a claim rather than a judgment. The judgment says you did not respond to the claim, probably because it was issued to an old address. I would suggest asking the court to send you a copy of the particulars of this claim, quoting the number on the judgment. :cell:

You may be able to apply to have the judgment set aside on the basis that you did not receive the claim and have no knowledge of the debt, or that you had paid off the card, it would be good to find out a bit more to help your set aside application. Your first step would be to write to them asking to consent to have the judgment set aside to save both sides hassle and costs.

If they don't agree, you need to fill in form N244 and pay a £155 fee but you may qualify for fee remission, see here for more info about remission: EX160

You will find some helpful pointers with regards to applying for set aside here:
http://www.legalbeagles.info/forums/...ants-in-Person
http://legalbeagles.info/library/how...-judgment-ccj/
http://www.legalbeagles.info/forums/...lication-notes

[diveens]

Re: Marlin capital euope

Hello
thanks so much for you help so far
I have down load the items you stated to address the court can you please advise me as if this is correct please see below ALSO as I have never done this before do I send the draft defence at the same time with the n224 form, the draft form and witness statement.
please advise thanks so much



IN The BUSINESS CENTRE COUNTY COURT
Claim No.
BETWEEN: Marlin Capital Europe ……Claimant
- and – XXXXXXXXXXXXXXX ………….Defendant
_________________________________
DRAFT ORDER
_________________________________
IT IS ORDERED THAT:

Upon reading the defendant's application dated 30^th June 2015
It is ordered that:
1. The judgment dated 17^th June be set aside.
2. The Defendant shall file and serve its Defence by 4pm on 8^th July
3. The Claimant do pay the Defendant's costs of this application to the sum of £155
4. The Claimant has permission to file and serve a reply if so required.









IN THE BUSINESS CENTRE COUNTY COURT
Claim No. B9CD96G5
BETWEEN: MARLIN CAPITAL EUROPE Claimant
- and –
XXXXXXXXXXXX Defendant
_________________________________
WITNESS STATEMENT OF XXXXXXXXXXXXXX
_________________________________
I XXXXXXXXXXXXXXXXXX of XXXXXXXXXXXXXXXXXXXXXXXX being the Defendant in this case will state as follows;
1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXXXXX Judgment dated 17^TH JUNE 2015 be set aside.
2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
3. I learnt of the existence of this claim on the Saturday 27^th June 2015 when I visited the area I LAST LIVED to visit a friend and decided to ask at the old address if there was mail still arriving in my name, I only then received the letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]
4. My address changed in January 2011 and a redirection service was in place from January 2011 to May 2011.
5. I the defendant was not aware of any debt , and did not received any claim form, if I had received the claim form I would defended the case.
6: On Monday 29th June 2015 I made telephone request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.
7. The Claimant did not respond to my request / turned down my request.

8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, XXXXXXXXXXXXXXX , the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:















IN THEBUSINESS CENTRE COUNTY COURT
CLAIM No: XXXXXXXXXXXX
BETWEEN:
NAME of CLAIMANT MARLIN CAPTIAL EUROPE LTD
And
XXXXXXXXXXXXXXXXXX DEFENDANT

__________________________________________________ ______
Draft Defence
__________________________________________________ ______

1. It is admitted that the Defendant entered into an agreement with CLAIMANT / ORIGINAL CREDITOR on a date that I do not know as I never received any communications from the claimant prior to myself attending my old address .

2. It is denied that the Defendant owes the Claimants £2,977.05 as stated in their particulars of judgement
3. The defendant has paid off the debt to Egg credit card in 2007 of which I have no further written documentation
4. I have not ever received any further communications from Egg credit card since 2007
5. A claim form was never received and the defendant believes that the debt is no longer owed.
I believe the facts stated in this Defence are true.

Signed __________________________

Dated: ____________________________

[diveens]

Re: Marlin capital euope

Hello
thanks so much for you help so far
I have down load the items you stated to address the court can you please advise me as if this is correct please see below ALSO as I have never done this before do I send the draft defence at the same time with the n224 form, the draft form and witness statement.
please advise thanks so much



IN The BUSINESS CENTRE COUNTY COURT
Claim No.
BETWEEN: Marlin Capital Europe ……Claimant
- and – XXXXXXXXXXXXXXX ………….Defendant
_________________________________
DRAFT ORDER
_________________________________
IT IS ORDERED THAT:

Upon reading the defendant's application dated 30^th June 2015
It is ordered that:
1. The judgment dated 17^th June be set aside.
2. The Defendant shall file and serve its Defence by 4pm on 8^th July
3. The Claimant do pay the Defendant's costs of this application to the sum of £155
4. The Claimant has permission to file and serve a reply if so required.









IN THE BUSINESS CENTRE COUNTY COURT
Claim No. B9CD96G5
BETWEEN: MARLIN CAPITAL EUROPE Claimant
- and –
XXXXXXXXXXXX Defendant
_________________________________
WITNESS STATEMENT OF XXXXXXXXXXXXXX
_________________________________
I XXXXXXXXXXXXXXXXXX of XXXXXXXXXXXXXXXXXXXXXXXX being the Defendant in this case will state as follows;
1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXXXXX Judgment dated 17^TH JUNE 2015 be set aside.
2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
3. I learnt of the existence of this claim on the Saturday 27^th June 2015 when I visited the area I LAST LIVED to visit a friend and decided to ask at the old address if there was mail still arriving in my name, I only then received the letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]
4. My address changed in January 2011 and a redirection service was in place from January 2011 to May 2011.
5. I the defendant was not aware of any debt , and did not received any claim form, if I had received the claim form I would defended the case.
6: On Monday 29th June 2015 I made telephone request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.
7. The Claimant did not respond to my request / turned down my request.

8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, XXXXXXXXXXXXXXX , the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:















IN THEBUSINESS CENTRE COUNTY COURT
CLAIM No: XXXXXXXXXXXX
BETWEEN:
NAME of CLAIMANT MARLIN CAPTIAL EUROPE LTD
And
XXXXXXXXXXXXXXXXXX DEFENDANT

__________________________________________________ ______
Draft Defence
__________________________________________________ ______

1. It is admitted that the Defendant entered into an agreement with CLAIMANT / ORIGINAL CREDITOR on a date that I do not know as I never received any communications from the claimant prior to myself attending my old address .

2. It is denied that the Defendant owes the Claimants £2,977.05 as stated in their particulars of judgement
3. The defendant has paid off the debt to Egg credit card in 2007 of which I have no further written documentation
4. I have not ever received any further communications from Egg credit card since 2007
5. A claim form was never received and the defendant believes that the debt is no longer owed.
I believe the facts stated in this Defence are true.

Signed __________________________

Dated: ____________________________

thank you

[nemesis45]

Re: Marlin capital euope

Excellent, good to go in my opinion.

nem

[diveens]

County Judgement

Hi and Good Morning to everyone and Thanks for all you help so far with the judgment
I have now received this draft order response from the Claimant and not sure how to respond next please advise me

Kind regards
Diveens

[FlamingParrot]

Re: County Judgement

Hi and Good Morning to everyone and Thanks for all you help so far with the judgment
I have now received this draft order response from the Claimant and not sure how to respond next please advise me

Good afternoon
That's quite normal in set aside applications, basically you need to file a defence to the claim as if you had received the claim at the time it was issued and you have 21 days from the date of the order to do so.

From posts above you submitted a draft defence with your set aside application, could you just repost what that defence was because that's what you'd be using as the basis for your fully pleaded defence. :typing: