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

[pikachu]

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

Deadline today and agreement has not been served

Do I need to do anything i.e let the court know even though the order was for the agreement to also be filed at court or write to Mortimer Clarke?

[mystery1]

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

Well it's a bit early to celebrate yet. They may have posted it in time but royal mail haven't delivered. They also might apply for relief from sanction all be it on the face of it they'd struggle to get that past a court.

It does look good

Give it a few days then phone the court and the claimant to enquire about post/arrival.

Have you submitted you costs of the application to the claimant yet ?

M1

[toomanycalls]

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

Fingers crossed but looking good.

[mystery1]

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

I take it this is all over now ?



M1

[pikachu]

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

Have not heard anything

Have not contacted the court or claimant though as yet, but would have expected to have had something by now

I have not submitted costs for the application to the claimant as yet. Would this just be for the cost of the application or can other cost such as postage and phone calls be claimed?

[mystery1]

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

I'd phone the court to make sure.

All costs of the application should be paid including time @ £18 per hour for consideration and composing it. Paper ink postage etc etc.

M1

[Mark20]

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

Interested to hear how this goes on as I am in the same boat

[pikachu]

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

Been trying to get through to Bow County Court, but not managed to speak to anyone yet

I emailed on Tuesday, but no response as yet

[pikachu]

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

Received a letter fro Bow County Court today

Details as below

Before District Judge Dixon sitting at Bow County Court, 96 Romford Road, Stratford, London, E15 4EG

Upon it appearing that the Claimant's application dated 12th February 2014 was issues and received by the Court on 17th February 2014; and

Upon the claim having been struck out pursuant to paragraph 1 of the order dated 28th January 2014.

IT IS ORDERED THAT

1. The application is refused
2. It is recorded that the claim stands struck out
3. Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the Court (together with any appropriate fee) to arrive within 7 days of service of this order

Dated 27 February 2014


The application from the Claimant says

What order are you asking the court to make and why?

An order that the proceedings be stayed generally with liberty to restore

The evidence set out in the box below

1. On 15/11/2013 the Claimant issued proceedings against the Defendant in Northampton County Court Bulk Centre. The Particulars of Claim referred to a credit card agreement made in writing between Egg Banking plc ("EGG") & the Defendant dated 04/04/2001 ("the Agreement")

2. The Claimant acquired the debt by way of an assignment and the Claimant is waiting to receive documentation from the original creditor

3. On 13/1/2014 the Claimant wrote to the Defendant enclosing a copy of the Online Application (copy enclosed) The underwriting on the third page shows that the agreement was approved

4. The Claimant respectfully requests that proceedings be stayed generally with liberty to restore to enable
a) the Claimant to obtain further documents
b) the parties to attempt resolution once the full documents have been provided

5. In the interest of justice our client requires times to obtain further documents. The Defendant suffers no prejudice in this delay

Signed by Rebecca Hayler, Senior Litigation Executive, Mortimer Clarke Solicitors

[Amethyst]

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

Ha, EXCELLENT. They really should learn to get their documents in order BEFORE they start court action.

Well done.

IT IS ORDERED THAT

1. The application is refused
2. It is recorded that the claim stands struck out
3. Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the Court (together with any appropriate fee) to arrive within 7 days of service of this order

Dated 27 February 2014

They could apply to set aside again but I don't fancy their chances unless they suddenly come up with the documents.

[mystery1]

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

Well that confirms you won.

Get your costs banged in.

M1

[pikachu]

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

Costs will be on it's way soon

Do I need to send to the Court as well as the Claimant?

Is there any prescribed format other than breakdown

[mystery1]

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

Just the claimant.

M1

[mystery1]

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

Remember paper postage phone calls and £18 per hour as well as application costs etc

Let them away with nothing.

M1

[ncf355]

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

Excellent, well done!