Hi, hope everyone is safe and well. Just a quick post that nothing has happened still so I assume that no news is good news at the moment!! or is there still time for Evergreen to respond I don't know what the process is at the moment and to what time scale things are progressing? No new postings on MCOL either. Thanks G

Thanks Andy just need to check with the courts make sure not sure how I do that but I'll make an inquiry with the court? Thanks to everyone for all the help and guidance it's very much appreciated. I have made a donation wish I could give more but I hope it helps. Thanks again mw45uk

Ok dx thanks fingers crossed I'll check then post back. mw

Hi everyone I have an update since my last post. After after getting a hammer and chisel and knocking in the yet again fantastic advice from Andy & dx from my last post #95 I have sat tight and waited to see what would be thrown at me from Mortimer Clarke? Today I got a letter through the post from them saying "we write in reference to the above and we have been instructed by our client to discontinue proceedings and close our file. As such , please find enclosed a copy of the notice of discontinuance by way of service on you." A paper attached with a tick in the box of discontinue all of this claim. A box on the right of the page headed "In the County Court Business Centre" I might sound a bit dopey here but I'm guessing and hoping that this claim has now been dropped ? If so does this mean another dca can take this over?. Any advice welcome Thanks mw

Don't think I'll waste the price of a second class stamp on that as I know the answer to that mw

Sorry think I'm just panicking dx just not sure what letter will come next and if they do go to court I'm not the most confident of people to deal with this after many years of constant fear of dealing with calls and letters after letters which has taken its toll on me. I also wasn't sure if I did reply that it could give them ammunition to use against me? mw

Hi everyone I am still keeping my head above the water at the moment thanks to all your help and advice here ,many thanks. Just a quick update another letter yesterday from Mortimer Clarke stating the same as #92 but this time I get a 75% discount for 7 days only and I'm scared that if court proceedings commence I won't get this reduction so should I reply (letter only) and see if I can get a further reduction and offer a payment amount per month or are they trying to put the glitters on me? Any advice would be fantastic. This debt is now well over 6 years old ! Many thanks mw

Thanks for your reassuring reply dx I'll sit tight and see what they throw at me next ? mw

Hi everyone and thanks to everyone here for the fantastic help and advice. just a quick update on this problem. A few days ago and just before christmas as normal I had a letter from Mortimer Clarke (its a duplicate of the last letter sent) to say that they have not heard from me since the last letter I have been offered a 25% discount on the balance and if I don't take up this offer then their client (Marlin Europe II Limited) will be instructing them to commence court proceedings against me ?? Any help will be appreciated. thanks mw

Ok thanks again dx I'll post if anything else comes in. mw

Thanx very much for the reply Dx. is there anything I need to send to them and also lon the statements the ast activity on the account was over 6 years ago 08/08/2009? Do you think that they will come back and throw anything else at me? Thanks mw

Just to say a big hi there to everyone I have not had the need to post for a while after your fantastic help with my problem last year. But it looks to have reared its ugly head again I'm afraid? I have been managing my debts with payments and I'm ticking along at the moment but last week I had a letter through the door from Mortimer Clark saying that they have been instructed by their client (Marlin Europe II Limited) to write to me with a settlement proposal and they are offering a 25% discount even though since this was stayed at the courts last May they have added another £700+ on through interest??. The letter goes on to say that in my defence I accepted that I had used the overdraft in question and my alleged unfair bank charges do not specify how much of the balance I was disputing? They enclose a copy of statements with ballance due. They would refer me to the case of office of fair trading v abbey national Plc and others[2009] in which it was held that bank charges could not be assessed for fairness by the court. Also I said I did not recieve a notice of assignment and that they have enclosed a copy of the notice and letter from LLoyds Bank dated ------- Their client would like to reach an agreement for payment of this debt. I should take advantage of this discount settlement to avoid further court proceedings and if I agree they will send a Tomlinson order with terms and our client will not be entitled to apply for a CCJ against me? Any help with this would be very much appricated. Many thanks mw

Hi folks just got home from work thanks so much for all your replies and help I will send the SAR to original creditor and send Marlin a letter say they have not complied to the CCA request? The credit limit on this was £250 and was not over limit when I stopped pay and also had charges on the account then it more than doubled with charges while I was not paying ? Thanks mw

Ok I will do thanks for your help it's much appreciated, I'm just I bit confused as they have sent a copy of agreement even thought it just looks like a copy of a standard agreement letter with the terms and conditions on it but it has no signature on it, its left blank? Do I need to add anything other than failed to comply to the letter e.g do not acknowledge the debt? mw

I did send the CCA request and that is what I got back statement of account and letter of agreement? What is t&cs? mw