unknown Marlin Capital CCJ - old EGG debt?

[anso]

Hi,

 

I am looking for some advice please.

 

I checked my credit file today and saw a CCJ has been registered against me in October 2017.

My credit file was 100% clean in September 2017, no debt or defaults were showing at all.

 

I am currently living in temporary accommodation due to a fire at my main residence

I went to see if there was any mail that I missed.

 

I found a letter from the county court business centre,

sent in September saying that as I have not replied to a claim a judgement has been granted.

The letter quotes CPR 23.8© and that the court will deal with the application to lift the stay without hearing.

 

The accompanying paper work shows that Marlin claim that proceedings were issued on 26/05/2015 and that I failed to respond.

I have lived at my current address for over 10 years and I have received no correspondence from Marlin regarding a debt or any claim form.

I do not recognise the amount either.

 

History

 

The only debt I am aware of is an egg card from 2008 when I got in to some financial difficulty.

The amount from memory was about half of what the CCJ is for (£5k).

 

I have not had any correspondence from anyone regarding this debt since before 2010 and certainly not made any payments.

As of September 2017 my credit score was perfect with no outstanding amounts or defaults.

 

I know I can apply to have the CCJ set aside,

the only reasons I have at the moment is that I did not receive the claim form, I

have not heard anything from Marlin and that I do not recognise the debt amount.

 

The delay between receiving the letter from the court on the 7th of September and now is that the letter came while I was away and in my absence we also had a house fire and lost access to the building.

 

After seeing the default today I gained access and found the letter.

 

Do I apply to set aside first or contact Marlin to ask for details of the debt?

 

I am in a precarious situation because we (wife and children) are currently homeless due to the fire and I am trying to arrange a tenancy.

I don't think I will pass a credit check as it stands.

 

If I have missed any key information then please let me know.

[renegadeimp]

marlin chase bad debts. Debts nobody else will touch. If they have issued legal proceedings, the debt is bogus, and you need to find out why.

 

Sit tight and someone will link you some questions to answer.

[dx100uk]

are you saying the debt was more than 6yrs old from payment when the claim was issued?

[anso]

At the moment I don't really know what the debt is.

 

I had an Egg CC which I may have had problems with in 2009 or 2010.

 

The claim (which I did not receive) was for an amount I don't recognise and Marlin claim they filed it in July 2015.

[dx100uk]

oh well you'd better findout then.

 

in the morning go ring northants bulk

ask for a copy of the Claimform and the CCJ by email PDF.

 

you'll need the CCJ number

you can get that from your credit file.

[anso]

I have received that,

it just says Marlin Capital and the amount.

There is no mention of the original issuer/lender.

I have never heard from Marlin.

[dx100uk]

received what?

the CCJ

 

marlins are part of the CABOT group.

 

dx

 

 

dx

[renegadeimp]

which means... lemon debt. call the court in the morning.

[anso]

Yes the CCJ and a form saying that I did not respond to the original claim in 2015.

 

I have spoken to the courts and they say I have the option to have the CCJ set aside.

I am not sure if I should apply for the CCJ to be set aside on the basis that I did not receive the claim form and have never heard from Marlin or Cabot regarding this debt or if I should contact Marlin and get details on the debt.

 

I have checked and I have not received any default notices, statements or LBA from/on behalf of Marlin or Cabot in the past.

 

I am planning on putting in an application to set aside based on

a) not ever hearing from Marlin regarding this debt,

b) not receiving the claim form

 

Is there anything else I should be adding?

[colin11]

I have checked and I have not received any default notices, statements or LBA from/on behalf of Marlin or Cabot in the past.

 

I am planning on putting in an application to set aside based on a) not ever hearing from Marlin regarding this debt, b) not receiving the claim form

 

Is there anything else I should be adding?

 

And that it is statute barred

[dx100uk]

you need to confirm what address the claimform was served too.

and what the Particulars of claim were

 

did you ask the court for that info as advised earlier.

 

if was served to an old address and you failed to inform the original creditor of an address change

then you don't have any reason to set it aside.

 

unless you can confirm it was statute barred by the time they issued the claim

[anso]

They claim it was sent to my current address, I have not moved in over 10 years.

 

Would the claim form have been posted or personally served?

 

Either way I have had nothing.

 

No attempts to collect the debt either by Marlin or a default notice.

[dx100uk]

who are 'they'

 

claimform are by 1st class post.

 

Marlin are part of the cabot group.

so other letters might have been sent by other names under the cabot group too.

so you've been getting no letters whatsoever in the last 10yrs chasing this 'debt'

that you still don't know what it was as you didn't ask for a copy of the claimform particulars of claim