Marbles Card summons from Cabot, Marlin, Restons

I have been served with a summons regarding a marbles credit card. The Claimant claims payment of the overdue balance due from the defendantunder a contract between the defendant and Bank of Scotland (Marbles) dated on or about Jan 21 2003 and assigned to the claimant on April 29 2010 in the sum of £2***.00. They have supplied no documents to support the claim.

I requested a copy of the agreement under Section 78 CCA 1974 they replied on the 18th May 2009 and supplied a copy of an application form along with 2 pages of terms and conditions. I declined to accept this as a valid agreement. They then wrote to me on the 4th June 2009 their response which included a paragraph stating “ While we try to locate the full original agreement we will not be seeking to enforce the

agreement. However, even if an agreement is unenforceable, the

contract still has legal affect and is not void, the lender is merely prevented from seeking an enforcement order from the court.”



On the 13th June 2009 I received a default notice dated June 9th. I then received a formal demand for payment from Robinson way Ltd. dated 2/10/2009. I wrote to Robinson Way informing them their client had admitted they were unable to locate a copy of the agreement. They replied on 21/10/2009 stating that although they accepted their client

could not locate the original agreement they still want my proposals for payment. Robinson Way wrote on the 13/11/2009 stating they would no longer be managing the account.

On the 19/1/2010 1st credit wrote to say stating they were now managing the account and threatening court action if I did not pay. I informed them that their client had admitted they could not locate the agreement. This was followed by a letter from LCS solicitors acting on behalf of 1st credit threatening court action within 14 days.



On the 14th May 2010 Marbles wrote with a notice of assignment to Cabot Financial. I again informed Cabot Financial that Marbles had failed to supply the relevant documents under my section 77/78 request. They wrote that they expected to be able to supply the documents within 12 days having recovered them from Marbles. Cabot wrote on the 8th June to say as Marbles had failed to supply the documents they were suspending collection on the account until such time as they receive the documents On 10th July 2010 Cabot wrote to say they were enclosing the documents requested under section 77/78. However, the only documents enclosed were pages of statements and another 2 pages of terms and conditions but no sign of an agreement. They claimed this

now entitled them to restart collection. I of course declined to make a payment.

On 1st May 2012 Cabot wrote offering a 30% discount and on 18th January they offered to reduce the amount owed by over £1100. 30th April 2013 again offered a 30% discount.

3rd September 2013 letter from FIRE saying they were taking over collection for Cabot. 8th October 2013 letter from Fire stating “ make us a reasonable offer”



1st July 2014 letter from Ruthbridge stating they were now responsible for collection.



6th November 2014 letter from Marlin stating they are now responsible for collection



Is it possible to defend on non compliance with S77/78? Any advice on how to proceed would be very welcome.

G

Marbles Card summons from Cabot, Marlin, Restons

Cabot, Marlin, Restons, Aqua, Vanquis

Hi. I'm just looking for some advice. And I wonder if anyone can help? I wont go into to all of the gory details, but I have 2 credit card debts, one from Aqua, and another from Vanquis. These were originally for £1500, and £1900 respectively, and dated from around 2007-2008.



Over the last couple of years I received maybe half a dozen, in total, letters from Cabot offering to sell me the debts for a reduced rate, and then making general threats and pleas for the outstanding money. I didn't bother replying, thinking that these were just 'sabre rattling exercises'.



In the first week of October though I received a CCJ from Northampton CCBC for £2600, and then 10 days after that another for roughly the same amount. These just appeared out of the blue, with no prior warning and no claim pack for either case. While I was desperately attempting to find out what the hell was happening, a notice of application for attachment of earnings order was also delivered on the back of the first CCJ. All of these court papers were issued on behalf of Cabot, with no reference to the original credit agreement.



At this point I submitted an N244 to my local court for the first CCJ received and and also sent a pair of CCA requests to Cabot. They eventually replied and told me that they didn't have the relevant paperwork on file, but should be able to get it within 40 days. That sort of begs the question. How could they obtain a pair of CCJ's with no proof of debt?



This morning I received a witness statement from Restons in response to my N244, and basically challenging what I wrote in question 10. ie, no receipt of case pack, or letters informing me that I was being taken to court etc. also they enclosed two copies of unsigned letters from a company called Marlin Financial, who I've never heard of, and a copy of a letter from Cabot that I didn't receive either.



So, my situation now, is that I have a brace of CCJ's issued without warning, also issued without claim packs, and therefore with no way to defend them before they originally went to court, I have no copy of any document of assignment, no copy of the original credit agreement, no idea of how they've reached a figure of £2600 on a £1500 credit card debt, and I didn't receive a default notice either.



What I'm trying to find out here is. Do I wait until next Monday (24th November), which is when I have to attend court, and defend Restons claims then? Or can I submit a counter statement to the court before then, or add information to my N244?



Any help would be gratefully received.

Cabot, Marlin, Restons, Aqua, Vanquis