Scottish Court Citation received - marlin on very old Egg debt

[PGH7447]

it means that egg do not or canot provide an agreement to crappyQ, so they sent it back, what will happen now is that the next pondlife down the foodchain, someone like Muckyhall or Robbingway will have a stab at it, all you do then is send the bemused letter to the new ****-on-the-block and file their threat-o-gram away in the file marked

Egg - unenforceable hahahahaha

[mcg68]

Hi Deb, I can't remember if I paid anything to Capquest or not, I might have at the beginning been paying them £40 a month or something or it may have been the DCA before them - there have been 2 or 3 who have all passed it on over the past few years. That was before I knew about CCA's etc.

 

Does it make a difference if I have paid something?

 

Thanks for your post PGH - so this keeps going round the houses does it? When does it stop? Will this be hanging over me for my entire life or until I decide I want to pay it off or is the debt written off after a certain amount of time?

[Deb T]

Well apart from the statute barred (6 years of none payment or acknowledgement that you owe the money) issue,

 

I am wondering if there is a case against a DCA that collects money on behalf of an OC such as egg

but when asked to supply relevant documentation such as a cca then go on to

A/ not provide the critical documentation and

B/ pass it back to the OC ..

 

...for me personally and I have a similar situation as this

but with a different DCA I would be wanting all the money paid back by the DCA,

particulary if the original debt became unenforceable

by virtue of incorrect paperwork or faulty default notice/termination/assignment....

[mcg68]

Might be worth looking into?

I have a similar situation with a Mint Card which was being chased by Moorcroft and they also wrote to me recently saying they passed it back to Mint and as yet I haven't heard anything from them either. I should maybe get some legal advice as to how enforceable the debt is in the absence of any CCA agreement as there obviously isn't one or one that would be legally binding - or I would have had it by now I would expect.

 

And - I'm not a rabbit either!

[Deb T]

It is altogether unenforceable without a cca agreement, strict proof of it would be required in a court....egg do generally tend to come up with the original cca but as to it's enforceabilty...well thats a question that the courts will be answering next month I think (see PT's thread called "Egg cards and what I think is wrong with them". a bit long but well worth a read

[mcg68]

Thanks Deb, I'll go and have a read. I'll post back if I hear anything from them.

[PGH7447]

sorry to put a damper on this thread but

 

If you got a loan credit and the agreement is invalid then the credit is looked at as a gift, ergo if you make payments back then that is also looked at as a gift in return, so any monies paid is gone, either to the oc or to a dca

[Deb T]

sorry to put a damper on this thread but

 

If you got a loan credit and the agreement is invalid then the credit is looked at as a gift, ergo if you make payments back then that is also looked at as a gift in return, so any monies paid is gone, either to the oc or to a dca

 

 

If you're pressured by way of threatening letters of court action from a dca who then turns out to not legally entitled to collect said debt and included in those threats are pay up or face court would not a court see that as coercement?

[PGH7447]

depends

[mcg68]

sorry to put a damper on this thread but

 

If you got a loan credit and the agreement is invalid then the credit is looked at as a gift, ergo if you make payments back then that is also looked at as a gift in return, so any monies paid is gone, either to the oc or to a dca

 

I'm not too worried about losing any money already paid. I have about £12k in total between the Egg and Mint cards and have lost more sleep than money worrying about how I am going to pay them off.

 

I just want to know when I can finally say that this is an end to it OR - if I will eventually need to make them an offer of a token payment to clear the debt.

 

So far it sounds like - the OC passed to the DCA as they couldnt be bothered collecting the debt. The DCA weren't able to get the CCA from the OC when I asked and so have now passed the debt back to the OC and its all gone quiet. And I'm not too worried now as if they do produce a CCA it is likely to be unenforcable anyway.

 

But for things like my credit file, when will this kind of thing be removed or stop counting against me?

[PGH7447]

after 6 years from date of default

[mcg68]

Hi,

 

First of all, excuse me if I am vague on dates as I haven't had time yet to dig out all the related paperwork etc.

I came home today to find a citation from my local court sent to me from a local solicitors office on behalf of Marlin Capital Europe Ltd.

relating to a £7k debt to Barclays Bank PLC.

Firstly I have never dealt with Barclays so I am guessing this relates to an Egg Card that I had dating back to approx 2002.

 

Around 2008 I was self employed and ran into some cash flow problems which resulted in me falling behind with a few debts

and Egg eventuyally passed the debt on to a DCA (I think Aktiv Kapital).

In 2009 I wrote to them requesting a copy of the original CCA which they failed to send and I then sent them an "Account is in dispute" letter and I never heard from them again.

 

Recently, around January of this year I received a letter from Marlin Capital Europe advising that they had now taken over the management of all of Barclays Banks debts

and so I assumed at that point that Barclays Bank had purchased Egg???

 

Then today, I have received a court citation requesting that I pay the full amount or request a "Time To Pay Direction" or else I can defend the action.

 

Firstly, I read elsewhere a while ago that if no payment is paid towards a debt for 4 years the debt was unenforcable and also, as I sent an "Account is in discpute" letter to them after they failed to send me the CCA agreement, is this worth defending or should I look at asking for a Time to Pay Direction?

 

Any help or advice would be great.

Thanks!!

[citizenB]

 

Firstly, I read elsewhere a while ago that if no payment is paid towards a debt for 4 years the debt was unenforceable and also, as I sent an "Account is in dispute" letter to them after they failed to send me the CCA agreement, is this worth defending or should I look at asking for a Time to Pay Direction?

 

Any help or advice would be great.

Thanks!!

 

I have no idea where you read this.. sadly statute barred timeline is 6 years in England and 5 years in Scotland. This is where neither payment or acknowledgment of any liability of the debt has been made for those periods of times.

 

Would you confirm whether you are in Scotland please because their laws are different to the rest of the UK, and I it will help me direct your query to right people

[citizenB]

I see you also mention that the company are still in default of your s78 request.. (request for copy of the agreement) and was this the basis of your dispute ?

[mcg68]

Thanks, yes I am in Scotland.

Forgive my ignorance, but I hhave just read up on Statute Barred accounts and obviously I was grasping at straws there.

Yes, I never did receive the CCA as requested on or around September '09 and I then sent them an 'Account in Dispute' letter as advised from member of this forum. I have had no contact with them or any other DCA relating to this debt from then until Jan this year, notifying me that Marlin Capital are now manageing the debt, or words to that affect.

 

What I want to know is whether the fact that the account was in dispute from '09 gives me any grounds for defending the action or does this not count now that the debt is 'owned' by Marlin Capital?

 

Thanks again.

Mick

[dx100uk]

yes the fact that they 'had' no CCA should help now

 

you need to CCA marlin by RD mail 1st thing tomorrow

 

defend the whole claim too.

 

have you got ALL the statements?

 

if not get an SAR off to BC in the morning also by RD.

 

if you've made no payments in 5yrs you should be well ok perfect defence.

 

dx

[mcg68]

yes the fact that they 'had' no CCA should help now

 

you need to CCA marlin by RD mail 1st thing tomorrow

 

defend the whole claim too.

 

have you got ALL the statements?

 

if not get an SAR off to BC in the morning also by RD.

 

if you've made no payments in 5yrs you should be well ok perfect defence.

 

dx

 

No I dont have any statements.

If I remember correctly,

all statements were online and I have no access to the account for obvious reasons.

On the citation it says that all correspondance must now be done through the solicitor acting for the DCA

so should I send the CCA and SAR to them?

Also, it says I have until May 29th to advise if I am paying up or defending the action.

I am nervous about defending until I have all the documents

so does doing the above buy me any time?

Are they obliged to put things on hold until they supply me with the requested info?

 

Thanks for your help,

Mick

[dx100uk]

no the clock is ticking

 

this is why you must act quickly.

 

do not forget any deadlines.

 

who is the bank and who are the claimant

 

please name them these are IMPORTANT to how we act.

 

does this debt SHOW on your cra file

 

see below

 

get the CCA off to the claimant and the sr offto the ORIGINAL CREDITOR

 

by RD tomorrow AM.

 

you have limited time but the more info you can get the better

 

dx

[mcg68]

no the clock is ticking

 

this is why you must act quickly.

 

do not forget any deadlines.

 

who is the bank and who are the claimant

 

please name them these are IMPORTANT to how we act.

 

does this debt SHOW on your cra file

 

see below

 

get the CCA off to the claimant and the sr offto the ORIGINAL CREDITOR

 

by RD tomorrow AM.

 

you have limited time but the more info you can get the better

 

dx

The bank are Barclays Bank PLC and the claimant is Marlin Capital Europe Ltd. The debt is an Egg Card.

 

Are the standard CCA and SAR templates suitable in this case?

 

M.

[dx100uk]

yes there is no diff

 

get this off to marlins now

 

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

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, including a detailed statement of the account.

 

 

 

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 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.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

 

use the std sar to bc.

 

you're not the only one that's got one either

I've moved you to the legal forum

 

lots of marlin/egg stuff here

 

typically they don't have any paperwork and drop the case.

 

so that's why its IMPORTANT to get that CCA off.

 

defend the whole claim.

 

if you've not made any payment since 5yrs prior to the date of the claim it will be statute barred

you are in Scotland

[dx100uk]

several historic threads merged for the history of the debt

 

dx

[mcg68]

Thanks dx, Appreciate you merging the posts and moving to appropriate forum.

I didn't send anything off today as I had to go to work and I wanted to find the original CCA Request and Account in Dispute letters which I have now found. These letters were sent to a company called Capquest in August 2009 and after they never sent any reply to the CCA Request, I sent them an account in dispute letter. I never heard from them again until now.

 

So, before I go sending everything off as - as time is now against me I want to get this right first time rather than end up in court.

 

The Citation I received is from a solicitors who say I must now make all correspondance regarding this through them. So, should I send the CCA above to them or to Marlin or both?? Should I mention to them that the account has been in dispute since August 2009 or is this irrelevant?

 

Do I send the SAR to Barclays?? Incredibally I have just realised after reading everything again, the court citation I have received does not give any account numbers/card numbers and refers to the debt as being for a loan and not a CC debt? Does this matter or does it prove that they obviously don't know what the debt is?

 

Apologies for all the questions but as I said, I really want to do this properly given I am running out of time.

 

Appreciate all your help folks

 

Cheers

Mick

[dx100uk]

as my last post

 

you REALLY need to move on getting that data in

 

sar to BC [that should have gone THIS MORNING [they can take 40days you've now LOST 4 days of your however many left before you must suibmit your documents]

 

cca to the CLAIMANT marlins that should have gone TODAY TOO.

 

IGNORE the demand that every thing go via the solicitors.

 

the facts and background on this are at this stage pretty much irrelevant

that's for you court documents.

 

don't tip them off at all.

 

just to be clear. you WILL end up in court whichever way it goes

 

either to demand your costs as a LiP because they drop the case through no rnforceable paperwork.

 

or

to outline your other defence.

 

as mentioned before MAKE SURE you do not miss any COURT DEADLINES

you need to defend the WHOLE CLAIM.

 

dx

[mcg68]

OK I have my letters all typed up and will send RD first thing in the morning.

I have one final question if you could advise.

 

As I mentioned earlier, the citation document does not state any account number and relates to Barclays Bank PLC (who I have never dealt with). The only reason I know it is related to the Egg Card debt is that the amount is the same but I dont know whether to reference the letter to the Egg Card number, or just something like "Re: Alleged Debt to Barclays Bank PLC".

 

Hopefully you can see what I am asking and hope it's not s daft question.

 

Again,

Thanks !!

[dx100uk]

do both & why not inc a copy of the citation so they are under no illusions upon what you want

 

dx