Egg / BC / Marlin / Mortimer Clarke - court threat

[A.Rocketblast]

I've just had a letter from Mortimer Clarke saying Marlin have passed the account onto them.

 

The letter has words like "could" when referring to court proceedings, but also has:

 

As you have not agreed a reasonable payment plan "

... our client has asked us to issue Court proceedings against you.

" And "This means we will be asking the Court to make a judgment against you."

 

This does seem quite definite.

 

I haven't been in contact with Marlin - basically ignoring all their letters.

 

Should I CCA them in the first instance?

 

Thank you.

 

Mike

[dx100uk]

can you scan the letter up please:

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[A.Rocketblast]

Cleaned letter as a PDF as requested.

 

Thank you,

 

Mike

[dx100uk]

ok I've seen that onebefore lots of times

 

tell us about the debt please

 

what is it?

how old?

last pay?

is it on your credit file?

 

dx

[A.Rocketblast]

ok I've seen that onebefore lots of times

 

Is it more than a standard threat-o-gram? It seems more intentional than I've seen previously.

 

tell us about the debt please

 

what is it?

how old?

last pay?

is it on your credit file?

 

dx

 

It was for an egg credit card. Date of default was March 2009. I haven't paid anything since.

 

It is on my credit file. (I've just signed up on Noodle).

 

Thank you,

 

Mike

Edited May 13, 2014 by A.Rocketblast

[dx100uk]

sorry your title does say EGG

 

send them a CCA request

 

and EGG [via their Canadian square address]

an SAR to get all the statements.

 

is this egg card with Barclaycard now or was?

 

dx

[A.Rocketblast]

Yes, it did go through Barclaycard - I remember a letter about it.

 

SAR and CCA will be sent today.

 

Thank you,

 

Mike

[A.Rocketblast]

While searchng for the canada Square Address address I cam across this web page:

 

citibank. co. uk/personals/cards/cards/feedback/egg.htm

 

about PPI reclaims which suggests I need to send an SAR request to Barclaycard as my account had been moved to them.

 

Is this correct?

 

Thank you,

 

Mike

[A.Rocketblast]

And ... is this the best address to send the SAR to for Barclaycard?

 

Data Protection Team

Dept LRC

Barclaycard

Northampton

NN4 7SG

 

There seems to be some discussion around as to which is the best address.

 

Thank you,

 

Mike

[dx100uk]

yes

 

it goes to the Canadian square address

 

as in the egg forum sticky

 

dx

[A.Rocketblast]

CCA received at Mortimer Clarke.

 

SAR set to Canada Square Operations

 

SAR sent to Barclaycard, Northampton

 

Exciting, isn't it!

 

Lets see what they come back with!

[A.Rocketblast]

I have a reply from Mortimer Clarke ... it goes something like this:

 

We have received your letter of ....

 

We acknowledge your request for documents unser S77/78 Consume Credit Act 1974.

 

We are seeking instructions from our client regarding your request, and willcome back to you as soon as we can.

 

We can confirm we have placed your account on hold whilst we await a response from our client and that no legal proceedings will be commenced whilst your request is outstanding.

 

I guess its a standard letter.

 

I do chuckle at the use of "our client" - presumably meaning the guy sitting at the next desk

 

Mike

[A.Rocketblast]

I've had a reply to my SAR request from Canada Square Operations. In summary is says:

 

We have received your request along with a postal order for £10. We cannot accept an electronic signature. Please re-send your request with a manual signature.

 

The postal order will be sent back to you separately.

 

Its annoying they return the PO separately - and without indicating a time scale - as I'll want to use the same PO again, so can't just send a new request by return. Also, if I write to insist they act on my previous request they won't as they don't have the £10.

 

What is the best course of action on this?

 

Thank you,

 

Mike

[A.Rocketblast]

I spoke to the ICO about this. They:

 

1) Confirmed that a signature is not required for a SAR request, but that a bank, because it is dealing with financial records, may ask for a signature to compare with one they already have to confirm identity.

 

2) Canada Square were being less than helpful in the way they have handled this. (Another bank I Sar'd have written back with a letter for me to sign and an envelope).

 

3) Suggested I write a letter along the lines of: I have spoken with ICO who say that a signature is not required by the act, but on this occasion I will supply one. As for the postal order, if it has not left your building, please hold on to it. If I receive it I will post it back to you by return of post. The 40 days started from the date of the first letter.

 

Mike