Marlin Claimform - Egg/Bcard

[introuble62]

Hi,

 

I have received various letters over the last couple of years, very sparingly, regarding a barclaycard debt.

 

 

I started by calling them and telling them I've never had one,

they would go away,

months would pass then the letters would start again,

this was with Marlin Capital Europe.

 

 

On one of the calls I said this was quite simple to resolve, prove it,

send me the agreement that I signed, knowing that they couldn't, thought this would end it.

 

 

They sent me an A4 sheet of paper with one line of text and a Dollar figure right at the top of the paper and nothing else on the paper

not even there name and address, this was years ago.

 

 

I phoned them and said you have got to be joking. I got no where with the person I was talking to, so just hung up.

Eventually I just ignored them.

Years passed.

 

Then I got letters from another company Mortimer Clarke Solicitors last year,

I contacted them, they said it was an online setup and gave me the email address.

I stopped using that email address years ago as it kept getting hacked and sending emails out to all my contacts.

 

 

Same thing happend, I'd talk to them, then nothing for ages then it all starts again as though we have never spoken.

 

I then decided to use the templates on here to request the CCA to prove it.

Thought that sounded quite simple.

Sent off my letter using the template on here, sent in my £1 postal order.

 

 

Heard nothing from them and that was a few months ago,

 

 

now out of the blue this County Court Claim form has turned up stating Egg Banking as the original company not Barclaycard.

 

The amount they always said I owed was £8,268.30,

the CC Claim form is for £12,18.28 plus £410 Court Fee plus £100 Solicitors costs, totalling £12,696.28.

 

 

The form also says the original agreement between me and Egg was on or around 31/10/2007 which sounds a bit strange, don't they know!

 

My original letter requesting the CCA was 10th September 2014.

Once again nothing happens for months then they start, but this time it has got serious.

 

I thought that when you send that CCA letter the claim was in dispute and therefore no legal proceedings could be brought

until it was resolved. Obviously I was wrong.

 

Can anyone help me, I don't know what to do next, I have this County Court form and it says 14 days to respond.

 

Thank you.

[dx100uk]

please fill this out and paste the results here:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

dx

[introuble62]

Name of the Claimant ? MARLIN CAPITAL EUROPE LTD

 

Date of issue – 14TH JANUARY 2014

 

What is the claim for –

 

 

BY AN AGREEMENT BETWEEN EGG BANKING PLC ('EGG') & THE DEFENDANT ON OR AROUND 31/10/2007 ('THE AGREEMENT') EGG AGREED TO ISSUE THE DEFENDANT WITH A CREDIT CARD

UPON THE TERMS AND 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 CLAIMANT. 31/01/13.

THE CLAIMANT THEREFORE CLAIMS 8268.30

 

What is the value of the claim? £12696.28

£12696.28

£12696.28Is the claim for a current or credit/loan account or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after 2007? DURING 2007 APPARENTLY, THEY SAY ON OR AROUND 31/10/2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE.

 

Did you receive a Default Notice from the original creditor? NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

DONT KNOW, NEVER KEPT ANY PAPERWORK FROM THEM.

 

Why did you cease payments? DONT RECALL EVER HAVING THIS CARD

 

What was the date of your last payment? AS ABOVE, PLUS I HAVE NO PAPERWORK OF MY FINANCES, I DONT KEEP ANYTHING.

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? NO

 

 

Send a CPR31.14 request to the solicitor named on the claim form - I WILL DO THIS TODAY

Edited January 21, 2015 by citizenB
changed colour for ease of reference

[citizenB]

Righto, your timeline is

 

Issue date - 14.01.2015 + 5 days for service = 18.01.2015 + 14 days to acknowledge = 01.02.2015 + 14 days to submit defence = 15.02.2015

 

That seems to be an awful lot of spend if you don't remember having the card - so you definitely require a copy of the signed agreement !

 

Send CCA request - to the claimant - you will need to include the £1.00 statutory fee

 

Send the CPR 31.14 request to the Solicitor named on the claim form - no charge for this, but you should at the very least obtain a free proof of posting for BOTH requests. If you can afford it, then send by Recorded delivery. .

 

You can request the following documents within your CPR 31.14 request.

 

1 : Agreement - terms and conditions

2: Statements

3: Notice of Assignment

4: Termination Notice

 

It is a shame that you haven't kept any of the paperwork that has been/might have been sent to you.

[citizenB]

Have you checked your credit files to see if this account has been recorded ? I would think perhaps Experian and Equifax might be the two that this company uses.

 

If it has been noted on your credit files, then take a screen shot so you have the default dates and any other information that is on the file.

[introuble62]

Hi thank you for replying.

 

Do I need to send another CCA request,

I already sent one on 10th September 2014,

they signed for it so I know they received it?

I kept a copy of it this time,

I've learnt my lesson the hard way.

 

What I sent them was exactly the same as the link you have given me except yours has more credit act numbers on it.

Mine only had these...

- pursuant to s.77/78 of the Consumer Credit Act 1974. (79 missing)

 

- the provisions of s.77 (6) will apply. (The link has these s.77(4)a/78(6)a/79(3) instead)

 

 

Does this mean I have to resend?

[introuble62]

Good job i got the 30 days free trial.

 

 

It was an eye opener,

 

 

a Default for £14 for Vodaphone, never used them, have always been O2, and

a link to a person I have never heard of registered at my address and I live on my own!

 

I'll sort that out with Experian.

 

 

I found the entry for this issue,

 

 

here is the picture of it, hope its legible.

 

[ATTACH=CONFIG]55429[/ATTACH]

[dx100uk]

can you convert that to PDF please

 

 

..........

 

 

yes send another CCA request

 

 

read the notes at the end of that link please too.

 

 

.......

 

 

is that the whole PoC as it is on the claimform?

 

 

cant see how the debt has gone from +£8k to +£12k??

 

 

is there a bit about S.69. statutory interest you have left out?

 

 

dx

[introuble62]

Hi,

 

Ok, I'll send another CCA along with the other CPR 31.14 to them.

 

I typed out the 'Particulars of Claim' exactly as it is on the form I have received, there is nothing else in that section. I also don't understand where the starting figure 'Amount Claimed' starts at £12,186.28 when the 'Particulars of Claim' section states £8,268.30

 

Is this something that should be mentioned when I send the other two letters?

 

I've converted it to PDF but can't upload image it as its says it only supports .jpg, .png etc. Any ideas on how I can get this posted/uploaded please?

[dx100uk]

bottom right

go advanced

then manage attachments

 

 

no need to question balance

 

 

leave the letter templates as they are bar the adaptions you need to do for docs/sec 77/8/9

 

 

...........

 

 

don't forget to ack [AOS] the claim on MCOL website

 

 

defend all

leave juris unticked

 

 

dx

[introuble62]

Hi,

 

Thank you, that was easy.

 

I'm going to send another CCA form, but just wondered why this was necessary when I've already done it and they have signed for it. Just out of interest.

[dx100uk]

belt and braces.

 

 

dx

[dx100uk]

you don't need to use recorded

 

 

simply 1st class with free proof of posting at the PO couter

when you get the £1 blank PO

 

 

do not sign anything

[introuble62]

Hi,

 

I got a bit lost with the CPR 31.14 form,

spent hours reading through threads,

then found the form I should send.

 

 

There is a section with says delete if claim is for sum exceeding £10,000.

 

 

I'm confused as to what mine is,

 

 

the POC states 8268.30

but the other section states Amount claimed to be £12186.28.

 

 

Is this a mistake?

 

 

Should I delete that section about the £10k or not ?

 

 

Should of posted this on Sunday instead of wasting so much time,

but once you start reading posts you can't stop.

[dx100uk]

just send it

they'll prob rebuff it anyway

 

 

its the CCA that's they cant ignore.

 

 

dx

[introuble62]

Hi, with or without the £10k section?

[dx100uk]

with though itdoes not matter

I notice they've not inc sec 69 8% court int in the claim POC

so I bet that's it.

 

 

its always better to get things like CPR/CCA moving ASAP after you get a claim.

 

 

you've already lost a week for whatever reason. TIME IS SHORT.

 

 

you have ack'd the claim haven't you on MCOL?

 

 

dx

[AndyOrch]

Bet they have DX ...more like introuble62 has not typed it to thread particulars (verbatim) as requested in the link.

 

Andy

[introuble62]

Hi Andyorch, I have typed it in exactly as it is in the POC, I have left nothing out, why would I, its not in my interests to leave out bits when I'm asking for help.

[citizenB]

andy, I have highlighted the PoC in post # 3 in blue

[oleg]

Florry got distracted when she was called away from her desk and when she got back she forgot she hadn't finished filling in the template and simply pressed SEND.

 

Betcha.

[AndyOrch]

Hi Andyorch, I have typed it in exactly as it is in the POC, I have left nothing out, why would I, its not in my interests to leave out bits when I'm asking for help.

 

Apologies if I have assumed wrong introuble...but in most cases posters do type out the particulars verbatim but for some reason often leave out the section 69 interest claimed from xxxx date to judgment or earlier payment total £ xxxxxx.

 

So in your case they claim the debt is 8268.30 but the total claim is £12186.28. ...how much are the court fees and sols fess?

 

Andy

[introuble62]

Hi Andy,

 

The amount they always said I owed was £8,268.30, this amount is also written in the POC section of the CC Form. The other side which splits up the costs has the following entered..

 

The CC Claim form is for £12,186.28 plus £410 Court Fee plus £100 Solicitors costs, totalling £12,696.28.

 

Dont know where the £12,186.28 starting figure came from.

[AndyOrch]

Okay so in reality you allegedly owe....

 

£8,268.30 plus £410 Court Fee plus £100 Solicitors costs

 

So the total claim should read £8778.30 which makes the claim small claims track.

[introuble62]

Hi Andy,

 

This is where it is confusing cause the amounts on the form do not tally and on the online system it states the £12k figures. I've been told if you look further up that its not important to just get the 31.14 sent off, so I have done this today, with a copy of the original CAG letter and another CAG Letter with another £1 postal order for Belts and Braces reasons. I dont know what a Small Claims difference means or how it affects me. I'm just doing exactly what I am told to do, I don't really understand any of it, I'm just grateful for the help.