Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

[skinszo]

HI There,

So im not really sure where to start with this but i received a letter today for a claim against myself from what i assume is a debt collection agency.
I assume that this is a CCJ??
I signed up to Equifax and Noddle so i could find out more detail as it was a considerable amount (£22k) and to a company i had not heard of.
Years ago (around 2001) i took out a credit card with Egg and ended up with a considerable amount on this.
when i bought my house in 2007 i had to clear off part of the debt on this card so i could get my mortgage agreed.
After this i think i pretty much ignored it and didnt make any payments but i can be sure as to when my last payment was made on the account.
I hadnt heard anything from them about the debt and in all honesty after a while i left it and didnt think about it as i wasnt getting any kind of contact.
When i looked at the credit report on Noddle it has the egg account under the closed file and that it was updated 30/4/2008 with a status settled, im assuming at that point it was passed on to Barclaycard, this then seems to go on until jan 2013 again in the closed file with a status of satisfied.
when i look at Equifax it says slightly differently with the barclaycard saying it was settled June 2010 and then it shows up with some company called Marlin financial services.

Can anyone advise as to what i should do??

Many thanks in advance for your help.

[maverick67]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

I assume that this is a CCJ??

Is from a court or a company?

[PlanB]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

i received a letter today for a claim against myself from what i assume is a debt collection agency. I assume that this is a CCJ??
I signed up to Equifax and Noddle so i could find out more detail as it was a considerable amount (£22k) and to a company i had not heard of.
Years ago (around 2001) i took out a credit card with Egg and ended up with a considerable amount on this.
when i bought my house in 2007 i had to clear off part of the debt on this card so i could get my mortgage agreed.
After this i think i pretty much ignored it.

Hello and to Legal Beagles.

Was this a letter you received today or was it a county court summons which is 4 pages of blue A4 paper?

You say you cleared part of a credit card account in order to get a mortgage, and then you say you ignored a debt. Is it possible that you didn't give EGG/Barclaycard (or whichever debt this relates to) your change of address at some stage so they issued court proceedings to your "last known address" which has caused this CCJ (if it is a CCJ)?

Marlin purchased a massive portfolio of old EGG (sold to Barclaycard) accounts earlier this year which makes me think your may have been one of them from everything you've said so far.

[PlanB]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

i bought my house in 2007 i had to clear off part of the debt on this card so i could get my mortgage agreed.
After this i think i pretty much ignored it and didnt make any payments but i can be sure as to when my last payment was made on the account.

If you are sure of when your last payment was made on the account can you tell us when that was. If it was in 2007 (as you say) then it's touch and go as to whether this debt is statute barred. This would only be relevant if you got a court summons today. But if that letter refers to a CCJ which has already been obtained (a default judgment?) at your old address (before it became SB) then that will be much harder to challenge

[labman]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

Perhaps the easiest thing would be to post up a redacted copy of the letter so we can have a look at it, then we'll know what we're dealing with.

[skinszo]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

HI everyone,
firstly thanks so much for helping.

The letter i have is a county court summons (4 pages of blue A4 paper), The court is in Northhampton for some reason which is miles away from me.
I will try and upload the First Page.
I never gave them any updated address so its always gone to the old address including this new letter.

[skinszo]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

Hopefully this works

[labman]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

The reason it's Northampton is that is a bulk processing centre for CCJ's. There are two things you need to do immediately:

1. Send off the bit saying you are going to defend the claim.

2. Send this to the owner of the debt - it's a request for a copy of the original agreement, and if they can't find it you will have a MUCH stronger case. I'll post the template letter in a second, but will then leave others more knowledgeable on court issues to advise you from this point on. Make sure you get these two bits off asap - tomorrow if possible recorded delivery.

Address

Date

Dear Sir,

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

Yours faithfully,

[IMG]file:///C:\Users\Home\AppData\Local\Temp\msohtmlclip1\01\c lip_image001.jpg[/IMG]

Print Name



In the gobbledegook above 'Print Name' copy and paste the attached and sign on top of it. It stops them lifting your signature onto other documents.

[skinszo]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

Hi,

thanks so much for this, it really means a lot.
i will get the items sent off today.
As the forms went to an old address should I leave that as the address, I don't really want them to come yo my new address.

[mystery1]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

What is the date of the form ? 12th of November i hope. Service is deemed to be effective 5 days after the date of the form. You then have 14 more days to acknowledge service and if you do this you get 14 more days, so a total of 33 days.

I take it you want to defend. If you do then you should send a cpr 31.14 request immediately.

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] 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.
2. The notice of assignment.
3. The deed of assignment.
4. The default notice.

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 othermarking, 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




The £4682.85 interest is total boll0cks and come hell or high water they won't be getting that.

http://www.legislation.gov.uk/ukpga/1984/28

(3) Interest shall not be payable under this Order where the relevantjudgment—


(a)is given in proceedings to recover money due under an agreementregulated by the Consumer Credit Act 1974(1);



Was it a person who signed the claim form ?

Do you still have the original agreement ? Default notice ? Letter before action ?

When was the last time you had any mail on the account ?

It may be worth contacting http://www.qualitysolicitors.com/howlettclarke to see if Paul or Kate can help, but i understand they are swamped so it's no guarantee they can help but we are talking £17k plus costs so it's worth it it if you/they can get together.

M1

[skinszo]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

Hi,

Sorry forgive my ignorance, do I send a form back to the court and then the above to the company?

in relation to your other questions,

it's was a typed signature of the solicitors.

i don't have any details on the account, I don't believe I used the card since 07-08ish but I can't be sure.

they have sent this correspondence to my old address and it was only by chance that I got it.

thanks

[mystery1]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

On the form, on the right hand side it tells you how to log on online and gives you the password you need to acknowledge service.

The 31.14 request goes to Mortimer Clarke as detailed on the top left of the claim form.

Give them your new address as it could complicate things if post goes astray.

M1

[skinszo]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

Hi everyone,Firstly thanks again for you previous advice.An update on where we are as I sent off the letter as in a previous post, acknowledged the court and put for the delay. The letter above requested above requested copies of the below to which I have still not received anything or hear anymore from the court etcThe Agreement. Together with the relevant terms associated with that account.The notice of assignment.The deed of assignment.The default notice.What should I do now, sit and wait or send hem another letter asking what's happening??Thanks again for advice and help.D

[mystery1]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

You phone the court on Monday and find out the status. You better hope they haven't applied for default judgement.

If the claim is still on the system get an application for an unless order filled in right away and consider yourself very lucky.

M1

[FlamingParrot]

Re: Egg, Barclays, CCJ, DEbt collection???? helppppp!!!!

Hi everyone,Firstly thanks again for you previous advice.An update on where we are as I sent off the letter as in a previous post, acknowledged the court and put for the delay. The letter above requested above requested copies of the below to which I have still not received anything or hear anymore from the court etcThe Agreement. Together with the relevant terms associated with that account.The notice of assignment.The deed of assignment.The default notice.What should I do now, sit and wait or send hem another letter asking what's happening??Thanks again for advice and help.D

What do you mean by 'put for the delay'? Did you agree an extension with the claimant? Because I notice it's been nearly TWO MONTHS since you received your claim, and, unless an extension was agreed, a defence should have been submitted within 28 days.