Court Action - Egg - Marlin & Mortimer Clarke

[James555]

Hi Guys I hope you may be able to help me out

I received a claim form form the County Court from an old egg card which hasn't bee paid for almost 5 years. I have had lots of threatening letters form various places about this over the years but didn't think it would go this far.

The particulars of the claim read:-

By an agreement between Egg Banking Plc ('EGG') & the Defendant on or around 06/06/2006 ('the Agreement') Egg agreed to issue the Defendant a credit card upon the temrs & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the claiment on 31/01/2013. THE CLAIMENT THEREFORE CLAIMS 1. 6***.** 2.interest pursuant to section 69 of the county court Act 1984, namley 3***.** & continuing until judgment or sooner at the payment rate of 1.29

I have filled in the acknowledgement of service online.

what should I do next? I have read lots of threads but they all seem to give different advice and I understand this lots are a slippery bunch.

Cheers

James

[Kati]

Re: Court Action - Egg - Marlin & Mortimer Clarke

Amethyst's advice is easy to follow I know you'll get lots of help from the other Beagles too!

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

[James555]

Re: Court Action - Egg - Marlin & Mortimer Clarke

Thanks Much appreciated

[pjays666]

Re: Court Action - Egg - Marlin & Mortimer Clarke

Dont be worrying about just follow the excellent advice on here I went through the same in September last year and they still havent sent the info I requested just keep your eye on the timeframes and you will be fine

[James555]

Re: Court Action - Egg - Marlin & Mortimer Clarke

Hi Guys

I sent off the CAA and CPR requests. I have had a letter from the solicitors sending me the assignment letter of the alleged debt but heard nothing form the claimant. The letter said they agreed to a 28 day extension. I have emailed this to the court and attached a copy of the letter.

What should I do now?

[James555]

Re: Court Action - Egg - Marlin & Mortimer Clarke

Having checked, my defence has to be in today and i have made the defence but not submitted it yet, would anyone mind having a look through and seeing if it is ok? I am not sure about the s77 or s78 which i have underlined?

Also I assume I need to attach all the letters I sent and proof of delivery? Do i need to send what they sent back to me?

the basics of the case are:-

The particulars of the claim read:-

By an agreement between Egg Banking Plc ('EGG') & the Defendant on or around **/**/2006 ('the Agreement') Egg agreed to issue the Defendant a credit card upon the temrs & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the claiment on **/**/2013. THE CLAIMENT THEREFORE CLAIMS 1. 6***.** 2.interest pursuant to section 69 of the county court Act 1984, namley 3***.** & continuing until judgment or sooner at the payment rate of 1.29

I sent off the CAA and CPR requests. I have had a letter from the solicitors sending me the assignment letter of the alleged debt but heard nothing from the claimant. The letter said they agreed to a 28 day extension which is up tomorrow.

My defence is:-

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE NO:KKKKKKKK
BETWEEN
COMPANY
-and-
XXXXXXXXXXXXX DEFENDANT

---

Defence

---

1: I received the claim [Claim Number] from Northampton County Court (CCBC) on [Date XXXXXX]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered into an agreement with XXXXXXX[Original Creditor /Claimant] for provision of credit.

5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


6: On the [Date]xxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

7. [Claimant's Solicitor]xxxxxxxxxxx has not sent the Agreement or Default Notice to me.

8. On the [Date] xxxxxx I sent a formal request for a copy of the original agreement to xxxxxxx[Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

10: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed …………………………………………

Dated .................................................. ....

[basa48]

Re: Court Action - Egg - Marlin & Mortimer Clarke

You should cite S78 for credit agreements.

Regarding para 4 are you saying you never entered an agreement or that the agreement you entered may be faulty?

Just asking. :smokin:

[FlamingParrot]

Re: Court Action - Egg - Marlin & Mortimer Clarke

You should cite S78 for credit agreements.

Regarding para 4 are you saying you never entered an agreement or that the agreement you entered may be faulty?

Just asking. :smokin:

The way it reads is that the OP never entered into an agreement, i.e never had the Egg card. That would appear to contradict the statement below. More significantly, if the OP never had an Egg card, surely it wouldn't be necessary to go on to refer to lack of documents, etc.

As an aside, there was a lot of argument surrounding Egg agreements, however, this is a fairly recent one and Eggs were usually applied for online, certainly by 2006 they would have been. :typing: This opens up the potential for receiving a load of T&Cs printed out, stating the OP agreed to them by ticking the box at the time of application. It can be difficult to argue against that since you can't proceed without ticking the box, the only argument would be if the terms presented didn't match the actual amounts charged on statements for interest, late payment fees, etc. Just because they haven't provided anything it doesn't mean that they won't, once the claim is allocated and the court gives directions, they will be required to disclose documents. It can be a bit tricky explaining why you said you never had an Egg card when you are faced with some statements, etc. bearing your name, and 2006 wasn't that long ago.

Hi Guys I hope you may be able to help me out

I received a claim form form the County Court from an old egg card which hasn't bee paid for almost 5 years. I have had lots of threatening letters form various places about this over the years but didn't think it would go this far.

The particulars of the claim read:-

By an agreement between Egg Banking Plc ('EGG') & the Defendant on or around 06/06/2006 ('the Agreement') Egg agreed to issue the Defendant a credit card upon the temrs & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the claiment on 31/01/2013. THE CLAIMENT THEREFORE CLAIMS 1. 6***.** 2.interest pursuant to section 69 of the county court Act 1984, namley 3***.** & continuing until judgment or sooner at the payment rate of 1.29

[basa48]

Re: Court Action - Egg - Marlin & Mortimer Clarke

Agreed, probably best to say something like "It is denied the Defendant is liable for the alleged debt under a credit agreement...." rather than " It is denied that the Defendant has entered into an agreement...."