Citation Received Re Marlin and Barclaycard

[Taysider]

Advise required please.

I have just received a citation from a Scottish Solicitor representing Marlin Capital Europe Ltd in respect of a debt to Barclaycard.
I have never had a Barclaycard Credit Card or took out an agreement with them. I did have a credit card with Egg which I took out in 2004. I now know that Barclaycard took over Egg Credit Card accounts in 2011. I was making regular payments to Egg until they suddenly stopped sending me statements, and so I then stopped making payments. I never received any further statements or correspondence from Egg for 18 months, then all of a sudden in early 2011 I received a default notice. I was unaware that Egg transferred to Barclaycard, possibly I received notification, but I cannot remember. I then started receiving calls from Marlin regarding Barclaycard. I informed them that I have never had a Barclaycard and refused to discuss matters with them. I have now received a writ from their Scottish Solicitors giving me 21 days to respond. I am based in Scotland. Interestingly in the writ it is stated that I took out an agreement with Barclaycard in 2004, this is an error straight away as it was with Egg. I do not know when I made the last payment to Egg, it was about 4 or 5 years ago and maybe time barred. Should I send a CCA request to the Solicitors or Marlin or both? Is there still time to do so?

Any help or advice would be greatly appreciated.

[Kafka]

Re: Citation Received Re Marlin and Barclaycard

The Limitation period for an unsecured loan in Scotland is 5 years. For the account to be time barred, you need to know that you have made no payment or formally acknowledged the debt within a 5 year period. That's the first question you need to ask, because if that's the case it is an absolute defence against their legal action.

[Taysider]

Re: Citation Received Re Marlin and Barclaycard

The Limitation period for an unsecured loan in Scotland is 5 years. For the account to be time barred, you need to know that you have made no payment or formally acknowledged the debt within a 5 year period. That's the first question you need to ask, because if that's the case it is an absolute defence against their legal action.

Unsure if it is over 5 years, I do not have bank statement that go that far back to check. Will that information be provided if I request a CCA.

[FlamingParrot]

Re: Citation Received Re Marlin and Barclaycard

Advise required please.

I have just received a citation from a Scottish Solicitor representing Marlin Capital Europe Ltd in respect of a debt to Barclaycard.
I have never had a Barclaycard Credit Card or took out an agreement with them. I did have a credit card with Egg which I took out in 2004. I now know that Barclaycard took over Egg Credit Card accounts in 2011. I was making regular payments to Egg until they suddenly stopped sending me statements, and so I then stopped making payments. I never received any further statements or correspondence from Egg for 18 months, then all of a sudden in early 2011 I received a default notice. I was unaware that Egg transferred to Barclaycard, possibly I received notification, but I cannot remember. I then started receiving calls from Marlin regarding Barclaycard. I informed them that I have never had a Barclaycard and refused to discuss matters with them. I have now received a writ from their Scottish Solicitors giving me 21 days to respond. I am based in Scotland. Interestingly in the writ it is stated that I took out an agreement with Barclaycard in 2004, this is an error straight away as it was with Egg.

It isn't an error, the Egg accounts were first sold to Citi, then on to Barclays in 2011, as such they would appear as a 'Barclaycard' just like old Morgan Stanley cards also appear as such. I've got both a MS card which shows up on my statements as Barclaycard and an old Egg card I haven't paid since Jan 2010. I never had paper statements from Egg, I thought they were online only and my card was probably from 2000/01. I got a generic email in April 2011 saying the account had been sold to Barclays and I should "continue making payments as usual", which I did (was paying £0/pcm and continued doing so :lol You probably received the same email.

I do not know when I made the last payment to Egg, it was about 4 or 5 years ago and maybe time barred. Should I send a CCA request to the Solicitors or Marlin or both? Is there still time to do so?

Unsure if it is over 5 years, I do not have bank statement that go that far back to check. Will that information be provided if I request a CCA.

A CCA request would be useful to see if they can produce a true copy of a properly executed agreement, in which case you'd send it Recorded Delivery to Marlin with a copy to the solicitors. They would have to reply in 14 days. This would greatly help your defence, especially since Barclays are notoriously bad at retrieving agreements. :thumb: