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Marlin Capital v Boobley

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  • Marlin Capital v Boobley

    I received a claim form dated 3rd April 2014 on the 7th April 2014.

    Claimant is Marlin Capital Europe Ltd.

    Solicitors are Mortimer Clarke at the same address.

    Particulars of Claim from the form:

    By an agreement between Egg Banking plc ("EGG") & the Defendant on or around 30/01/2008 ("the Agreement") EGG agreed to issue the Defendant with a credit card upon the terms & 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 on 31/01/2013.
    THE CLAIMANT THEREFORE CLAIMS:
    1. [Removed amount - it is approx 10,000]
    2. Interest pursuant to section 69 of the County Courts Act 1984, namely 3013.08 & continuing until Judgement or sooner payment at the rate of 2.15.

    Amount Claimed - [Removed amount - it is approx 13,000]
    Court Fee - 190
    Solicitor's costs - 100
    Total amount - [Removed amount - it is approx 13,290]

    I acknowledged the claim online via moneyclaim.gov.uk on 17th April 2014. Following the advice from the Sticky - Basic first Steps to take on receipt of a Consumer Credit Court Claim - I sent the 2 letters for a CCA request and a CPR request which I will copy into new posts below.

    The last communication I sent regarding this debt was in Feb 2010. I sent Egg a letter. In it I explained I was having difficulty meeting my contractual payments and made an offer of £10 per month which was accepted. I made payments of £10 per month until Oct 2010. I have paid nothing since. I have not acknowledged this debt since then. I have not had any communication with Egg regarding this debt since then. When I originally wrote to Egg I asked that they stop any further interest or charges accruing which they did. I have checked my credit file with Experian and it shows the approx 10k amount with Marlin Europe ltd which has not changed for some time.

    There was no Account Number in the Particulars of the Claim. From my records I know my original Account Number with Egg so I used this on the CCA request.

    Until I checked my records I thought this was older than 2010 and was hoping it was nearer to the 6 years limit. Now I see that it is not I am a little disappointed. I have checked my credit file with Experian and Marlin Europe also have other unsecured debts of mine assigned to them.

    I am concerned that they can add 30% interest to this debt.

    I am concerned they will do this with my other debts also.

    I sent the CCA request and the CPR request by recorded delivery and included the Postal Order for £1 in the CCA request.

    What should I do next?
    Tags: None

  • #2
    Re: Marlin Capital v Boobley

    CCA request



    My Name
    My Address

    Date: 17th April 2014


    Marlin Capital Europe Ltd
    MArlin House
    16-22 Grafton Road
    Worthing
    West Sussex
    BN11 1QP






    Dear Sir/Madam


    Re:− Account Number xxxxxxxxxxxxxxxx


    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.


    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.


    We understand a copy of our credit agreement should be supplied within 12 working days.


    We look forward to hearing from you.


    Yours faithfully


    My Name

    Comment


    • #3
      Re: Marlin Capital v Boobley

      CPR request


      My Name
      My Address

      Date: 17th April 2014


      Mortimer Clarke Solicitors
      3rd Floor
      16-22 Grafton Road
      Worthing
      West Sussex
      BN11 1QP




      Dear Sirs,


      Claim Number: xxxxxxxx


      Request for documents mentioned in a statement of case under CPR 31.14


      On 7th April 2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.


      To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 28th April 2014.


      1. The Agreement
      2. Default Notice
      3. Assignment
      4. Formal Demand


      In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.


      You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..


      You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.


      If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defense as allowed under CPR 15.5 so I may notify the court.


      I look forward to hearing from you.


      Yours sincerely


      My Name

      Comment


      • #4
        Re: Marlin Capital v Boobley

        At the moment all you can do is prepare what you have. What you don't have is not a concern yet.

        Have you received any statements ? A default notice ? Notices of default ? Notice of assignment ? etc etc

        After this the next step is to work out when the request you sent arrived and then the date at which non compliance is achieved.

        M1

        Comment


        • #5
          Re: Marlin Capital v Boobley

          Originally posted by mystery1 View Post
          At the moment all you can do is prepare what you have. What ichou don't have is not a concern yet.

          Have you received any statements ? A default notice ? Notices of default ? Notice of assignment ? etc etc

          After this the next step is to work out when the request you sent arrived and then the date at which non compliance is achieved.

          M1
          Most of the letters I receive i don't open and I don't read. I do have a small pile from the last few weeks which I'll check.

          Comment


          • #6
            Re: Marlin Capital v Boobley

            You should look through them as some of these things if missing or incorrect can save you quite a bit even if you lose.

            M1

            Comment


            • #7
              Re: Marlin Capital v Boobley

              Originally posted by mystery1 View Post
              You should look through them as some of these things if missing or incorrect can save you quite a bit even if you lose.

              M1
              Ok thanks.

              I'll let you know what there is from them regarding this if anything.

              Comment


              • #8
                Re: Marlin Capital v Boobley

                So I've received 2 letter from Marlin.

                One is a statement showing how much I owe. Edited to add the Date on this is 9th Feb.

                The other is a Notice of Change of Agent - telling me that they have decided to appoint Mortimer Clarke Solicitors. This is dated 25th Feb.

                I have received no letters from Mortimer Clarke.

                Both envelopes are plain and have no dates or markings on them.

                Comment


                • #9
                  Re: Marlin Capital v Boobley

                  Do you know when they got the requests ?

                  M1

                  Comment


                  • #10
                    Re: Marlin Capital v Boobley

                    Originally posted by mystery1 View Post
                    Do you know when they got the requests ?

                    M1
                    No idea. All I know is what's in these letters. Anything else has been ignored and destroyed.

                    Comment


                    • #11
                      Re: Marlin Capital v Boobley

                      Originally posted by Boobley View Post
                      No idea. All I know is what's in these letters. Anything else has been ignored and destroyed.
                      I've definitely not had any more communications recently - so since these letters - because I have not destroyed anything recently. So since early Feb nothing else regarding this matter.

                      I would have expected a letter from Mortimer Clarke.

                      Comment


                      • #12
                        Re: Marlin Capital v Boobley

                        I meant the 31.14 and s78 requests you sent. When did the get them so we can work out when to start giving them grief.

                        M1

                        Comment


                        • #13
                          Re: Marlin Capital v Boobley

                          Originally posted by mystery1 View Post
                          I meant the 31.14 and s78 requests you sent. When did the get them so we can work out when to start giving them grief.

                          M1
                          Roger that.

                          According to the PO website these were delivered on Tuesday 22nd April.

                          Comment


                          • #14
                            Re: Marlin Capital v Boobley

                            So next Wednesday then.

                            M1

                            Comment


                            • #15
                              Re: Marlin Capital v Boobley

                              I've had a response already from my CCA request. Marlin have sent me a letter which looks like someone has taken the time to type it as its not standard looking.

                              Unfortunately this letter references a different debt. It also includes a different reference than the one I put in my letter. So the letter says they have requested a copy of the Agreement and Statement of Account from Lender2 and will forward to me once it is received.

                              So I'm guessing I now need to write back to them and explain that this is not the correct debt and they should check their records as they have further debts of mine. I'm anxious that this will obviously stir up some brain cells and they will realise that they have more debts of mine on their books but I guess that's unavoidable.

                              Do I need to pay another £1 postal order - I'm guessing not as they've clearly got this wrong.

                              Comment

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