Marlin and the great Barclaycard climb-down

[mickmcg28]

Re: Marlin and the great Barclaycard climb-down

Reading this with interest. I have received a court citation from Marlin Capital who are suing me for just under £7k for an Egg card I had from 2002. I placed the account in dispute with Capquest in 2009 after they failed to supply a true copy oof the CCA (even though they cashed the £1 cheque!!) and I now have until 29th May (Wednesday) to respond to the court.

I am tempted to admit the claim and pay up - or at least ask for a time to pay direction as I am still skint. But I would like to have the courage to take my chances and defend the claim on the grounds that they have no paperwork. My Experian credit report doesn't mention this anywhere, not even as an old delinquent debt, just no mention of it so I assume that it would still be there if there was a valid CCA. Would this be enough to temp you to defend the claim in court?

Can anyone more legally savvy than me tell me what they would do or even better - what I should do?? Really panicking now!!! HELP!!!!

[FlamingParrot]

Re: Marlin and the great Barclaycard climb-down

Reading this with interest. I have received a court citation from Marlin Capital who are suing me for just under £7k for an Egg card I had from 2002. I placed the account in dispute with Capquest in 2009 after they failed to supply a true copy oof the CCA (even though they cashed the £1 cheque!!) and I now have until 29th May (Wednesday) to respond to the court.

My first suggestion would be to start a new thread here: http://www.legalbeagles.info/forums/...-a-Court-Claim

I am tempted to admit the claim and pay up - or at least ask for a time to pay direction as I am still skint. But I would like to have the courage to take my chances and defend the claim on the grounds that they have no paperwork. My Experian credit report doesn't mention this anywhere, not even as an old delinquent debt, just no mention of it so I assume that it would still be there if there was a valid CCA. Would this be enough to temp you to defend the claim in court?

As you have another week to respond, I'd suggest not admitting anything just yet. Your credit report is no indication of the status of a debt. If you defaulted 6 years ago, it could have dropped off your file. Creditors can and do record defaults against unenforceable debts regardless of whether there is a valid CCA or not.

Can anyone more legally savvy than me tell me what they would do or even better - what I should do?? Really panicking now!!! HELP!!!!

First of all, don't panic! We need to know a bit about the history of this account.

• When did you last make a payment? If it was 5 years ago or more (assuming you are in Scotland), it could be statute barred. The fact the debt doesn't appear on your credit file suggests it could have been defaulted at least 6 years ago.
• When did you default on your Egg card? Did you ever get a default notice from Egg? If so, have you still got it?
• Did you get a notice of assignment? You say the account was first passed to Capquest and now Marlin, you should have received notice of assingment on both occasions.
• Have you still got proof of having requested a copy of your agreement in 2009? Any of their responses? Did they say they couldn't locate it? Or just didn't respond?
• Who are they using as solicitors? Mortimer Clarke? Restons? Those firms are commonly used by Marlin. Did you get a letter before action, basically a letter saying they would be issuing a claim?

These are just a few basic questions we'll need answers to, preferably on a new thread. We have two consumer credit specialists on board, the site owner being one of them. Once we have the full facts, we can ask them to take a look at your thread and get their qualified opinion. The sooner we can do this, the better. If you have any documents you may wish to post, make sure you remove all personal details before scanning or taking a picture with a digital camera or mobile phone. :camera: