Hi, DCA Arrow Global and solicitors no longer acting due to my defence.

Hi. Thank you for replying to my post. This debt was a MNBA credit card from in 2005 just before ex husband left. I do not have any statements showing transactions/payts etc. It appears that ex husband had used it as the balance escalated to approx. £2683 and now this DCA arrow have taken me to court , therefore , balance has escalated even further to £2839. The DCA have now written to me stating this is not Barr statute ,because I made a payment in Sept 2010. Credit file shows default date as 09/2010 and I have now checked this out and bank confirmed I did make a payment of £26. I seriously do not remember this and can only think that I was harassed and badgered into paying an amount. I was in a bad way back then as I lost my job and struggling. I am sick about this because it hss been lingering on credit file for nearly 6 years and was due to expire 09/2016. If CCJ entered then will be further 6 years. I tried to call them today (3 times) but was answerphone telling me no one available to speak and leave my telephone number and they will call back. Really!!! I do not know how to go about getting a Tomlin Order ! Can you briefly let me know. Not even sure I know what to say to DCA if I call anyway. Feeling a bit scared about this mess. Thanks

I recently disputed a county court claim from a debt collection agency stating that a debt from 2005 is statute barred plus the amount that they were claiming. Now I have received a form N271 notice of transfer of proceedings from N'hampton CC notifying me that the CCBC solicitor is no longer acting. It states that it has transferred to my local CC. There is nothing else written on the form other than that. The claimant has now written to me to state that I did in fact make a small payment in 2010 therefore look forward to receiving my notice that my defence is withdrawn. I have now investigated and much to my total embarrassment I did actually make a payment. I was gobsmacked at finding this out I am really not sure what to do for the best now. Does anyone know .. 1) if I would be able to take this up with the DCA that has made this claim and try to resolve outside court as a partial settlement 2) does this now mean that I have to appear in my local CC 3) Does judgement still get entered if I do try settle after receiving N271. Really would appreciate any advice !

Hi , thank you so much for your replies. I have dug out the loan contract which is undated for Barclays Partner Finance - a fixed sum loan agreement of £6061.57 over 37 months. A Barclays letter dated 15/11/2005 confirms the first repayment of that loan. I have also found letters going back to 2008 which indicate that I was running into difficulty paying. Barclays did agree to reduce my repayments and I started making these reduced payments but was already heading into financial difficulties. (nb. I cannot see any PPI stated on the agreement ). I have a statement for period 01/03/2009 to 01/03/2010 and confirms a opening balance 01/04/2009 of £6282.62 and closing bal 01/03/2010 £5528.68 This is where it becomes interesting: On 03/09/2010 I started receiving letters from Mercers debt collection agencies confirming the balance as £5671.22 however, they demand the full bal £5671.22. It also states the balance under the agreement is £5671.22 and the amount of rebate on the early settlement is 0.36 pence. Finally, it states that the amount required by you to discharge your indebtedness under the agreement after taking into account the rebate on early settlement is £5846.20 ???? Barclays start to write to me again on 06/01/2011 enclosing a statement confirming an opening bal 30/06/10 £5631.22 and a closing bal @ 11/12/10 of £5698.72 letters from Credit Resource Solutions dated 10/03/2011 to 20/06/2011 confirming the balnce as £5698.72 and confirming that they now have the debt. Barclays start to write to me again in July 2011 up to Dec 2011 with confirmation that the balance is £5720.22 letters from Apex credit management from Jan 2012 confirming the balance is now with them for £5742.72 Barclays dated 02 Jan 2013 which now states this is Clydesdale Financial Services T/as Barclays Partner finance and a completely different account number. This letter indicates that the account is formally closed and that the owners of this account is MARLIN. I received a letter from Marlin ON 11 Feb 2013 stating that the balance is £5742.72 and that they will refer account to their clients solicitors Mortimer Clarke. I cannot find any correspondence from Mortimer Clarke solicitors, albeit... I received a claim form dated 08/04/2013 from Marlin Europe Ltd in the Northampton Court for £5742.72 . The particulars of the claim state that the agreement was assigned to the claimant on 20/12/2012. The claimant claims 1. £5742.72 2. interest pursuant to section 69 of the county courts act 1984, namely £402.78 & continuing until judgement or sooner payment at the rate of 1.26 . They claimed £6145.50 plus £190.00 court fee and £100 solicitors costs = £6435.50 FROM 2006 to 2013 the debt finalises at more than what the loan was when it was taken out. Also bearing in mind that I did actually make payments to the loan before I was in financial difficulties. Payments were £175.00 per month then were reduced to £52 pm in 2008. I panicked in april 2013 when I received the court papers. I was actually speaking to somebody from the nation debt relief service for some guidance and support and the guy I spoke to said I must complete the calim form and return it with a breakdown of my finances. I ended up offering £75 as I just wanted to stop further action and felt that they may not even accept this amount as being adequate for the size of the debt. I now wish I hadn't and done something different but I guess its my fault for saying I will pay £75 pm. I have called my bank this evening as I thought that I have only missed 3 X £75 payments but it turns out that I have paid 5 X 75 out of 10.. so I stand corrected that the figure of £375 arrears they are asking me to pay in full is correct. I cannot pay this amount and I still have not called stepchange. The Mortimer Clarke guy told me he would hold account for 2 weeks. Getting a bit worried now and feeling down. Its all a bit of a mess !! I still cant understand why they cant accept a financial statement from me. !

Hello, I am new on this forum! Can anyone help with this issue I have with Mortimer Clarke solicitors. Last year 2013 I received Northampton CCJ paperwork for a personal loan I took over in 1997. Due to personal financial difficulties, I could not afford the repayments of 182.00 to Barclays bank. They then sent my acc to Marlin. Marlin did absolutely nothing to help my situation except be extremely rude and bullying to me. I could not meet the payments they demanded and the account was eventually sent to Mortimer Clarke solicitors who I assume are possibly the same outfit of clowns. I completed the CCJ papers with a financial statement and reluctantly ended up agreeing a £75 pm payment which Mortimer Clarke set up by direct debit and a ccj was registered against me in 2013. I have made the monthly payments, however I missed one at the end of last year and in November 2013, a lady from Mortimer Clarke who appeared to be more than helpful said that she would send a I & E form to me and that they could re-access the repayments. I continued to pay the £75 but I have again run into trouble not being able to make the payments in Feb and March 2014. I have since been bombarded with telephone calls from them and this morning I did speak to a guy from Mortimer Clarke who was quite rude to me and said that I had to pay £379 arrears ( not quite sure where that figure comes from !! ) and told me that the lady I spoke to was totally wrong and incorrect in saying that they could re assess the payment , therefore he would hold the account for 2 weeks only and I would have to go to a CAB or step change. I argued the fact that my financial statement would be exactly the same as step change and also explained that the payment date would need to be changed in order to ensure their payments are met. Therefore, I need to know what Mortimer Clarke will do if I do not go to Step change? Can they send in bailiffs if I do not pay the £379 arrears (??? 3 x £75 = £225 in my books) ? or can they enforce any other tactical moves to recover the full debt which is over £6000? I just need to understand the worst thing that they can do. I am not scared of them but just need to know my rights if I have any at all!! The thing is I am not refusing to pay, I just cannot pay £75 on the date they are collecting it nor can I pay £379 arrears. thank you in advance.