Hi I hope someone can help, going out of my mind with worry here. I received a claim from Mortimer Clarke (Marlin) all details below.

Issue Date: 6 Mar 14

Reason: Non payment of unsecured loan Claim for £4K includes court fee and solicitors costs + interest of about £700

Original Agreement was made in 2006 and assigned to them in Oct 2013. I sent an Acknowledgement of Service (using the online moneyclaim website) on 17 Mar also sent by recorded delivery a letter asking them for 31.14 request:

1: the agreement.

2: the assignment

3: the default notice4: the termination notice

5: statement of account

Not heard anything back yet.

I also have a lot of other debts total cost about £35K although no individual one for more that £7K. Im sure more and more claims will come through in the coming months.

My wife lost her job 5 years ago and we moved into a family members house for 2 years and carried on paying all the debts. We then had to move out and started renting and I just couldn’t afford all the bills so stopped paying 3 years ago.

Been rather stupid and had my head buried in the sand since and just ignoring all the letters and phone calls, I dread getting home and seeing letters on the doormat or every time my phone rings not wanting to answer. Now the courts are involved I obviously can’t do this anymore.

Just wonder what my options are, we have no assets to speak of rent a house, an old car worth less than £1K.

HI derrenn and welcome to CAG

Deep breaths....... lets see what we can do with this.

I noticed you viewing the following if you could provide all the details and we walk you through the process.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.(2-Viewing)-nbsp

Regards

Andy

Marlin Europe V Limited

6 Mar 14

Failed to pay and agreement terminated

Around £4K

Loan Northern Rock

Sep 2006

Ignored most letters so dont know if i had a letter showing assignment or default notices from original creditor.

Told of financial problems when first stopped paying, nothing back so thats when i started ignoring things.

Thanks a bunch, having trouble sleeping and thinking about anything else, easy to bury my head, but know i cant do this anymore.

Okay firstly can you type out the particulars of claim (verbatim) and date and claimants name.

I see you have already got the CPR 31.14 ready but you need to send the following separately to the claimants sols.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

Send recorded delivery and print name....if you have not paid anything or acknowledged the debt since assignment then you must head the request " I do not acknowledge any debt with your company "

You have 33 days in total if defending the claim (5 deemed served so 28 remaining (14 to acknowledge service you can do this on line using MCOL) and if defending a further 14 days to submit your defence.

Its vital that you follow the time frames.

Regards

Andy

OK i can do this, i already sent the CPR 31.14 off to Mortimer Clarke, Marlins solicitors, i didnt include any cheque, was this wrong?

Particulars below:

[ATTACH=CONFIG]49787[/ATTACH]

No there is no fee for the CPR but there is for the above enclose a £1 Postal Order

Thanks. Is a cheque ok or must it be a postal order?

We advise Postal Orders ....must protect out personal data

Hi, sorry not responded for a while, my father passed away and ive been dealing with that.

I've had a reply from Marlin, see below.

Do i still need to ask for a copy of the credit agreement, as stated in an earlier post?

I received this on the 20th, giving another 28 days, is it from the date of letter (19th) or when they received it (15th)? Do I have to inform court of extension? In the original letter to them i asked for:

1: the agreement. INCLUDED

2: the assignment INCLUDED

3: the default notice

4: the termination notice

5: statement of account

So i still need to wait for 3, 4 & 5 correct?

As mentioned before, ive got a lot of other debts adding up to about 35K, would it be worth thinking about going bankrupt? If they're all going to start CCJ's maybe it'll be quicker and less nerve racking to go that way. Is it true you may be left with more money going BR rather than a load of CCJ's?

Thanks for all your help.

And what they have provided....is it acceptable ?

With regards to their extension you attach a copy of their conformation to the following with your own covering note and new defence date and send/email to CCBC Northampton

http://www.consumeractiongroup.co.uk/forum/showthread.php?406105-LEGAL-CPR-15.5-Requesting-further-time-to-submit-a-defence.

Regards

Andy

Thanks Andy,

I'll get the email sent to CCBC Northampton.

They supplied the papers attached in the above pdf. Not sure what you mean by acceptable. They are taking their clients instructions on the remainder of my request. So i guess they're trying to get hold of 3, 4 & 5.

Do i still need to send off the credit agreement request with the £1 postal order?

Thanks again for your help.

Thanks Andy,

 

I'll get the email sent to CCBC Northampton.

 

They supplied the papers attached in the above pdf. Not sure what you mean by acceptable. They are taking their clients instructions on the remainder of my request. So i guess they're trying to get hold of 3, 4 & 5.

 

Do i still need to send off the credit agreement request with the £1 postal order?

 

Thanks again for your help.

Yes, I would still send the CCA request with the £1.00 postal order.

It would appear that Marlin have just sent the front page of the agreement - with the s78 request (CCA) you should receive..

Copy of the agreement

Terms and conditions from both inception and at time of default or current

Statement of account which identifies any default charges and administratiton fees.

OK i'll get that done lunchtime, thanks citizenB.

Hi,

Just a quick update and a request for advice. i've not had any extra info re. the 31.14 other than the original credit agreement and copy of notice of assignment. They said they were taking their clients instruction on the other requests, but nothing yet.

I also sent off the CCA request with the £1 postal order 6 days ago and have had no reply.

That's all fine, but i am wary of the time scales here. In their only reply which was dated 19 Mar, they said they agreed to extend the time for filing defence for 28 days. I sent an email to CCBC Northampton with a copy of this but have had nothing back. The original claim issue date was 6 Mar, so by my calculations 8th Apr is the original date the claim had to be answered. Do i just wait and wait for CCBC to confirm receipt of the agreed extension? What if i get nothing from Mortimer Clarke by the new date?

Sorry for the ramble but time is now getting a bit tight.

Thanks

CCBC dont confirm extensions.... that's agreed between parties...as they have offered an extra 28 so you add 56 days to 6th march...that is your agreed defence date...but you can still submit on time if preferred as its highly unlikely you will receive anything further.

Regards

Andy

Thanks Andy, invaluable advice as always. I’ll be making a donation as soon as able.

So would the extension not show up on the MCOL website after I log in? I’m just a bit worried that the court will not know about the extension and the CCJ will be granted by default on the 33 days from original claim date, which I calculate to be the 8th April.

Going by your 56 days from 6th March (do you not add the 5 days served to this) I have until 1st May to submit my defence. Why do you say I’ll be unlikely to get anything else from Mortimer, they said in the first letter that they were taking instructions from their client re. the default notice, the termination notice & statement of account. Do they not have to supply these? Also I’ve had nothing regarding the CCA request I sent off (now a week ago), I thought they had to supply these by law.

Also where in a previous post, I said I’ve received the original agreement, by original, I meant the first reply from Mortimer, the agreement is a photocopy or printout from microfiche.

If they don’t reply with any other documents, would this make up my defence, claimant unable to supply most of the 31.14 request or CCA request?

Thanks agan

You can always confirm by telephoning Northampton the number is on the claim form - you will need to have the claim reference to hand.

Thanks Andy, invaluable advice as always. I’ll be making a donation as soon as able.

 

So would the extension not show up on the MCOL website after I log in? No MCOL stays with the initial date I’m just a bit worried that the court will not know about the extension and the CCJ will be granted by default on the 33 days from original claim date, which I calculate to be the 8th April.No the claimant applies default not CCBC....so if they are true to their word they wont if they did you have their letter of reassurance.

 

Going by your 56 days from 6th March (do you not add the 5 days served to this) Yes I have until 1st May to submit my defence. Why do you say I’ll be unlikely to get anything else from Mortimer, they said in the first letter that they were taking instructions from their client re. the default notice, the termination notice & statement of account. Do they not have to supply these? No its merely a civil request they are not compelled Also I’ve had nothing regarding the CCA request I sent off (now a week ago), I thought they had to supply these by law.Yes they do with a section 77/78 request and thats why they will be in default at the time you submit your defence

 

Also where in a previous post, I said I’ve received the original agreement, by original, I meant the first reply from Mortimer, the agreement is a photocopy or printout from microfiche.Depends on the quality and validity if you cant read it neither can DJ...must be the original not a copy.(subject to the age of the agareement IE pre 2007)

 

If they don’t reply with any other documents, would this make up my defence, claimant unable to supply most of the 31.14 request or CCA request? You can mitigate with it and use the defence to steer them to mediation

 

Thanks agan

Regards

Andy

Thanks Andy, just a couple more questions.

So with the 56 + 5 days served the date is 6 May, claim date was 6th Mar?

Do they have a set number of days to reply to the CCA request. They signed for the letter on 28th Mar?

I can read the agreement, looks like a printout from microfiche rather than photcopy, but could be. They have to produce the original at any hearing right? The date of the agreement is August 2006.

'Mitigate with it and use the defense towards mitigation'. So away from a CCJ do you mean?

Thanks a bunch, so helpful.

Thanks Andy, just a couple more questions.

 

So with the 56 + 5 days served the date is 6 May, claim date was 6th Mar? 6th Mar +19 =25th March AoS +14 +28

 

Do they have a set number of days to reply to the CCA request. They signed for the letter on 28th Mar? 12 +2 working days

 

I can read the agreement, looks like a printout from microfiche rather than photcopy, but could be. They have to produce the original at any hearing right? The date of the agreement is August 2006.If you cant read it the DJ cant therefore you claim its illegible that alone is a reason under the CCA1974 that is invalid.

 

'Mitigate with it and use the defense towards mitigation'. So away from a CCJ do you mean? Yes most claims here either end in mediation or Consent/Tomlin orders or discontinuance. I would state that about 5% actually make it to trial.

 

Thanks a bunch, so helpful.

Regards

Andy

I can read the agreement, but it doesnt look like it was photocopied from the original (but could have been). I'll wait until the 12+2 working days has passed and go from there.

Hello,

Sorry to jump in on this thread but it is identical to what is happening to me at the moment, Even the dates match exactly!!!

The only difference is that MC have not stated a date for the extension whilst they find the requested documents, (Your 3 & 4, I didn't request 5)

My defense has to be filed by the 8th, Can some one advise please on the defense needed for them not sending the documents requested.

I could also use the defense of SB as the default note marked on my credit record is just over 6 years old, but I do not have bank statement evidence of any payments and it is all very borderline regarding the date of the last payment being over 6 years ago hence the need to use an alternative defense.

I really hope someone can help by tomorrow. Thanks

Hi All,

Quick question, I've just had a look at my credit report and the entry for Northern Rock loan has gone. In it's place is an entry for Marlin Financial Services with no history, just a deafult for Feb '14 and the balance they say is owed. No historical data going back at all. Is this right, seems like they're making it impossible to check for charges etc?

Still waiting on a reply to CCA request, nothing heard and they signed for the letter on 28th March.

Thanks

Hi all,

Need some help (again)!

By my calculation the time is up for Marlins to reply to my CCA request, it was recieved by them on the 28th March.

All I've had from them is a copy of the front page of credit agreement, no terms and conditions, plus a copy of the notice of assigment, this was in reply to my CPR 31.14 request, they also said in the letter that they were taking their clients instructions on the other items requested:

Default Notice (which i never received originally either)

Statement of account

So they have not even acknowledged the CCA request let alone supplied the required documents.

So i now need to submit my defence (even though time is not up on the CCJ being applied), is there a templete letter? Or do i just put in the defence claiment unable or unwilling to suppy certain CPR 31.14 documents and no CCA documents?

Thanks again for your help, i appreciate it so much.

There are no templates for defences all defences are unique to each posters claim...read other threads to get an idea of its form layout and content.

Post your drfat when you are happy and I will look it over.

Regards

Andy