Court claim STRUCK OUT ! Marlin / Mortimer Clarke re: old EGG debt

[pikachu]

Hi all

I've been reading these forums for years and have really appreciated the useful information here in the past dealing with the various DCA's that have been on my back for years

My story is very similar to this one here
http://www.legalbeagles.info/forums/...n-helppppp!!!!

Account opened for an EGG Visa card in April 2001. I think I may have had an EGG loan before that, as I have emails related to EGG marketing before the application was agreed on 28/03/2001

It was an online application and I had PPI


I became unemployed in March 2003 but got back into fairly quickly as a contractor. I was being paid via PAYE via an umbrella company. After 13 months, my services were no longer required and I got another contract after 3 months in which time I had no income. At this point, I found out that I could not claim on the majority of PPI policies as I was classified as self-employed. I got another contract, but only for 6 weeks and then the work completely dried up. I wrote to all creditors asking to hold action on my accounts. I cannot remember the response from EGG, but vaguely remember the PPI payments, charges and interest continuing

I defaulted according to my credit file with Experian on 16/2/2006 with a default balance on the account of £9911

The debt was eventually passed to a DCA, Credit Solutions. They were quite threaten ting to start with and threatened with a charging order on my house which is in joint tenants with my OH. They were ringing to make appointments to come round to the house to sign papers, but nothing was ever produced

When back in work, I contacted Credit Solutions and agreed to pay what I could afford was paying them a token amount between £1 and £10 by debit card. I had the same arrangement with Barclaycard and they abused it (stupid move to make in hindsight), so I changed this to standing order and confirmed in writing to Credit Solutions on 15/11/06. I also advised that I would be in a position to offer 75% of the outstanding balance around Feb 2007, but not beforehand. I had contacted CCCS and was re-mortgaging via a referral through them. Barclaycard accepted full and final settlement offer, but my other 4 creditors didn't

I wrote to Credit Solutions in June 2007 asking for the balance of my account. I cannot remember if they wrote back and not sure if I have the paperwork anymore. I do not actually know how much I owe, but can work out what I've paid since the account was defaulted

The payments continued albeit sporadically until I was made redundant again. The account was either passed back to EGG or on advice I'd sent a CCA request and they had not responded so thought best to go back to paying EGG

In April 2009, I got made redundant from a permanent job after being there 3 years. It was totally unexpected and I was out of work until August 2009. I got really depressed - lots of interviews but no offers. I had a months trial and the job was terminated after the trial. I got another job in November 2009 in which time I'd had very little income for 7 months. I have very good family and friends who helped out with the mortgage and council tax

I was severely in debt by this point but continued to make payments to EGG until September 2010

In early 2010, I started getting letters about the account from ARC (Europe) Ltd and I sent a CCA request. I cannot remember if I had no response or the standard response that my request had been passed to EGG as the original creditor. I'm still looking to see if I can find any paperwork

The last I heard was an email to say that the account had been transferred to Barclaycard on 29/4/2011
I may have even had a letter to say that due to the status of my account, the agreement was being terminated, but have not found anything as yet. I seem to remember there was a reason for thinking all emails from EGG or Barclaycard were phishing attempts

Out of the blue on Wednesday 20/11/2013 whilst off work with a nasty case of flu and a chest infection, I get an N1 claim form with a DCA called Marlin Capital Europe Ltd given as Claimant. First I'd ever heard of them. Mortimer Clarke acting as solictors. I've attached a copy of the claim form I received.

I've been really quite poorly, so got around to acknowledging service only Thursday night and not well enough to yet to get to the post office. CCA request to Marlin and SAR to EGG (Canada Square Operations on Monday) with a s.77/78 letter going shortly after. I'm not sure now whether to send the SAR to EGG or Marlin. I found unopened letters today from Barclaycard, Marlin and Mortimer Clarke that were sent when I was working almost around the clock over 4 months with only time enough to eat and sleep. I'd thought it odd when I got the claim form that I had not had a letter before claim at all. Found one dated June 2013 along with a letter from Barclaycard assigning the debt to Marlin

Seeing as neither Credit Solutions nor ARC were able to produce a copy of the original agreement if I remember, I'm hoping Marlin won't be able to either

The response to the SAR will be useful if produced for other matters

If I've missed anything or if there is anything else I need to do, please let me know. I am hoping to load up copies of what correspondence I have. I am getting seriously stressed out with this. The amount being claimed for interest of £6137.61 is a joke and makes me feel even more sick than I am already.

I've read Marlin can be quite nasty and refer to template letters from sites such as these

Any help very much appreciated and I'm also more than happy to help others by sharing my experiences

Pikachu

[FlamingParrot]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Hi and welcome!

In early 2010, I started getting letters about the account from ARC (Europe) Ltd and I sent a CCA request. I cannot remember if I had no response or the standard response that my request had been passed to EGG as the original creditor. I'm still looking to see if I can find any paperwork

The last I heard was an email to say that the account had been transferred to Barclaycard on 29/4/2011
I may have even had a letter to say that due to the status of my account, the agreement was being terminated, but have not found anything as yet. I seem to remember there was a reason for thinking all emails from EGG or Barclaycard were phishing attempts

I've also got a bad Egg like yours and got the same email at the same time, they were all transferred to Barclaycard, they were not phishing emails.

Out of the blue on Wednesday 20/11/2013 whilst off work with a nasty case of flu and a chest infection, I get an N1 claim form with a DCA called Marlin Capital Europe Ltd given as Claimant. First I'd ever heard of them. Mortimer Clarke acting as solictors. I've attached a copy of the claim form I received.

Marlin seem to have bought most of the defaulted Egg accounts. Mortimer Clarke are their in-house solicitors.

I've been really quite poorly, so got around to acknowledging service only Thursday night

Presumably you acknowledged online stating your intention to defend. :typing: You have 14 days from date of service to acknowledge and a further 14 days to prepare your defence.

and not well enough to yet to get to the post office. CCA request to Marlin and SAR to EGG (Canada Square Operations on Monday) with a s.77/78 letter going shortly after.

A CCA request is the same thing as a s.77/78 letter. A CCA request is a request under s.77/78 of the Consumer Credit Act., the letter you send with a PO for £1.

I'm not sure now whether to send the SAR to EGG or Marlin.

A SAR should normally go to the original lender (Egg) rather than the debt purchaser (Marlin) because they wouldn't have the historical data. You'd send a SAR to get hold of statements and other documents relating to your account. However, bear in mind they have 40 days to respond to a SAR. What are you hoping to get from the SAR? As they have already issued proceedings, you may be able to obtain the information you are looking for using the CPRs rather than a SAR at this stage?

I found unopened letters today from Barclaycard, Marlin and Mortimer Clarke that were sent when I was working almost around the clock over 4 months with only time enough to eat and sleep. I'd thought it odd when I got the claim form that I had not had a letter before claim at all. Found one dated June 2013 along with a letter from Barclaycard assigning the debt to Marlin

Did you find a letter of claim or a notice of assignment to Marlin?

[FlamingParrot]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

You also need to send a CPR 31.14 request letter to request the documents they intend to rely on as per their particulars of claim. Send it recorded delivery and sign digitally using a computer font.

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On xx/xx/2013 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The default notice Compliant with 87(1) of the Consumer Credit Act 1974.
3. The termination notice.
4. The notice of assignment.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or other marking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

The interest is an interesting feature of the claim because it takes you from small claims territory to fast track territory. This brings cpr 31 firmly in to play although costs become an issue.

They know that s69 interest doesn't come in to play yet they still try their hand at conning the court. s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts)Order 1991 are a statutory bar on the Claimants claim to interest.

Also they cannot rely on the particulars of claim as a statement of claim as it's not signed by a person.

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Hi and thanks for all the replies

I meant to say I will be sending the CPR letter not s77/78 plus the CCA request and thanks for advising that SAR is not needed as well

I acknowledged service online stating intention to defend

I'll post the letter from Barclaycard saying the account has been assigned to Marlin, the letter from Marlin saying they now have responsibility for the account and the letter before claim tonight

[CleverClogs]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

I've also got a bad Egg

Is that what it is?
I thought a beagle had just farted.

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

CCA and CPR letters sent yesterday recorded delivery

Copies of the letter of assignment from BC and Marlin along with letter before claim from Mortimer Clarke attached

[Gorang]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Marlin also bought a load of old Clydesdale accounts as well

And from personal experience Marlin also like to buy statue barred accounts, and also fight VERY dirty to try and get money from you, so watch this shower and trust NOTHING and double check EVERYTHING that comes from them, so NEVER take their word for anything

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Thanks for the tip and yes I have heard that Marlin like to fight very dirty and that is what is particularly worrying me

[Gorang]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

I'll post the letter from Barclaycard saying the account has been assigned to Marlin, the letter from Marlin saying they now have responsibility for the account and the letter before claim tonight

Looking at the letter before claim you got from mortimer in june

I don't think its a letter before claim or a LBA (letter before action)

as it only says

"Is entitled to take legal action"
and
offer is only "valid" for 14 days

I think a LBA needs to be along the lines of, pay up within 14 days or we "will" start legal action

ie I think they have to make a CLEAR threat that if you don't pay they WILL start legal action

so I think that letter is only a idle threat letter



down side is the assignment notices look ok

[FlamingParrot]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Looking at the letter before claim you got from mortimer in june

I don't think its a letter before claim or a LBA (letter before action)

as it only says

"Is entitled to take legal action"
and
offer is only "valid" for 14 days

I think a LBA needs to be along the lines of, pay up within 14 days or we "will" start legal action

ie I think they have to make a CLEAR threat that if you don't pay they WILL start legal action

so I think that letter is only a idle threat letter

down side is the assignment notices look ok

To comply with the pre-action conduct, a letter of claim needs to say much more than that. The only clue on the letter attached was copying the table containing details of various places where the debtor can obtain advice. I guess they thought that, by including that part, it turned it into a LBA. :nono:

From what I've seen, 99% of solicitors' LBAs do not even begin to comply with the pre-action conduct, that's why they are so often mistaken for run-of-the-mill threat-o-grams.

2. Claimant’s letter before claim

2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant; and

(5) if financial loss is claimed, an explanation of how the amount has been calculated.
2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.
2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

ANNEX B

Information to be provided in a debt claim where the claimant is a business and the defendant is an individual

1. Where paragraph 7.4 of the Practice Direction applies the claimant should –
(1) provide details of how the money can be paid (for example the method of payment and the address to which it can be sent);
(2) state that the defendant can contact the claimant to discuss possible repayment options, and provide the relevant contact details; and
(3) inform the defendant that free independent advice and assistance can be obtained from organisations including those listed in the table below.
[Table with details for National Debtline, CCCS, etc.]

[FlamingParrot]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

There are sanctions for non-compliance with the pre-action conduct - they relate mostly to costs, an interesting area given what M1 says below:

The interest is an interesting feature of the claim because it takes you from small claims territory to fast track territory. This brings cpr 31 firmly in to play although costs become an issue.

They know that s69 interest doesn't come in to play yet they still try their hand at conning the court. s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts)Order 1991 are a statutory bar on the Claimants claim to interest.

Sanctions for non-compliance

4.5 The court will look at the overall effect of non-compliance on the other party when deciding whether to impose sanctions.
4.6 If, in the opinion of the court, there has been non-compliance, the sanctions which the court may impose include –
(1) staying (that is suspending) the proceedings until steps which ought to have been taken have been taken;
(2) an order that the party at fault pays the costs, or part of the costs, of the other party or parties (this may include an order under rule 27.14(2)(g) in cases allocated to the small claims track);
(3) an order that the party at fault pays those costs on an indemnity basis (rule 44.3(3) sets out the definition of the assessment of costs on an indemnity basis);
(4) if the party at fault is the claimant in whose favour an order for the payment of a sum of money is subsequently made, an order that the claimant is deprived of interest on all or part of that sum, and/or that interest is awarded at a lower rate than would otherwise have been awarded;
(5) if the party at fault is a defendant, and an order for the payment of a sum of money is subsequently made in favour of the claimant, an order that the defendant pay interest on all or part of that sum at a higher rate, not exceeding 10% above base rate, than would otherwise have been awarded.

[MIKE770]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

There are sanctions for non-compliance with the pre-action conduct - they relate mostly to costs, an interesting area given what M1 says below:

The sanctions rule is a good one as cost are greatly reduced in event of the said saction due to non-compliance.

[Gorang]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Would they not just Bluepeter up a LBA for court purposes then the defendant has then to prove they never got that LBA

BUT thinking about it they won't bluepeter a LBA UNTIL it has been pointed out the LBA is NOT a LBA

So if they don't produce a VALID LBA at disclosure stage,

then I'm assuming you could bide your time then go for the jugular, as if they haven't complied with pre-action conduct with regards to the LBA, and the judge sees that then, that sets the stage for, what else have they not complied with regards to other documents.

would be nice to make them look like the complete amateurs instead of solicitors and screw them over with their own incompetence

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Not heard a thing from Marlin / Mortimer Clarke

What's the next step and when is the deadline for submitting defence?