Showing results for tags 'clarke'.
-
hello everyone, i have had a county court from cabot and mortimer clarke regarding a JD williams account and have done the AOS, i have sent a cca request to cabot and allowed them the 12+2 days to reply and they have failed to do so, i also sent a cpr request to mortimer and they did reply saying that they will allow a 28 day extension. i have notified the courts and sent a copy of the extension letter via email which they confirm they received. My worries are about my defence. i got defaulted in june 2009 according to my credit file but am 90% sure this debt is statute barred but i cannot find any paper work to help back this up. now when i issue my defence i will initially state that cabot have failed to comply with the cca request and that i do not aknowledge this debt, but could i also add in the fact that i believe this debt is statute barred or would that contradict the fact i am saying i do not aknowledge the debt. any advice would be greatly appreciated Name of the Claimant - Cabot Financial (UK) Limited Date of issue - 27/02/2015 What is the claim for - By an agreement between JD williams T/A The Brilliant Gift Shop (BRIT) & the Defendant dated 21/03/2008 ('the agreement') BRIT agreed to issue the Defendant with a credit account 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. THE CLAIMANT THEREFORE CLAIMS 1.1119.31 What is the value of the claim - 1168.21 the claim is for a jd williams account(catalogue) When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot, Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? do not recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? not sure, 90% sure its statute barred What was the date of your last payment? see above Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no
-
Hi Everyone I am new to the group and I need some help with a problem, please. By way of background my husband & I ran into financial difficulty in 2008. We closed our business (which was failing due to the recession) and put our house up for sale as we couldn't afford to pay the mortgage on my husband's new salary working for someone else. Our family were homeless for over 4 months before finally being given a local authority house where we are still living at the moment. We have had some letters from debt collection agencies but due to me having depression & anxiety I buried my head in the sand and rightly or wrongly I ignored them. We left our previous property in June 2008 and whilst I have always resided here and I have tried to keep up with most of my creditors and make payment arrangements my husband has not always been here. He has had to take work wherever he could which was all over the country (due to this we separated for some time) and he hasn't had any contact at all with any creditors. By no contact I mean no phone contact, no contact by letter/post & he has not made any payments in more than 6 years. We are trying to get back on our feet and have started a different business which is going well, our children are doing well at college & school despite the troubles we have encountered as a family and we are now looking to get a mortgage and hand this house back to the council for another family to use that is in need, like we were. Everything was going ok. I have joined Equifax some time ago to get in control of my finances and my husband more recently joined and there was nothing at all on his. No CCJ's, No Defaults, Nothing. However last week he received a CCJ Form from Mortimer Clarke Solicitors on behalf of MEIII who apparently have bought an old overdraft debt from Yorkshire Bank which belonged to my husband. So far we have been online to moneyclaim.gov.uk and have responded saying that he intends to defend the claim in full. Am I right in thinking that if there is nothing on his credit file coupled with the fact that we know he has had no contact for 6 1/2 years the debt must be over 6 years old/statute barred. I need to know how to correspond with MEIII to request any paperwork they have i.e the original agreement, default notice, assignment & formal demand for the money relating to this overdraft. Also I need to know what to put on the defence section of the form. I have some info from here and other websites but I just need to check it is correct before I respond any further. Any help & advice will be greatly appreciated, Many thanks. -
I am in need of some advice if anyone can help I have received a Claim form about a debt from 2002. I took an argos card out and had difficulty paying. I just ignored letters at first as I was not in any financial position to pay ( probably not the best idea) I have made no payments or contact with anyone about this debt for at the very least 6 years. I even checked with Experian and my credit history was clean. I just thought it went away so when i was in a position to pay didn't contact them. Yesterday I received a Claim form from the County court and I am not sure what to do. It states By an agreement between argos card services Ltd (ARG) & the defendant on or around 19/06/2002 (the agreement) ARG agreed to issue the defendant with a credit card upon the terms and conditions set out therein. In breach of the agreement the defendant failed to make minimum payments due & the agreement was terminated. The agreement was assigned to the claimant there fore claims £xxxx. I have read about this statue barred but not sure if this applies now because of the Court Claim. Any help and advise how to deal with this would be a great help Thanks
-
In Oct,we received ccj papers for an old debt from egg. The claimant was Marlin and the solicitors was Mortimor clarke. I sent the court paper to the solicitors in Oct with a request contest jurisdiction as we had received no warning from anyone re the debt. Not even a 14day warning letter. We heard nothing until a letter dated 23 January from solicitors saying the ccj had been awarded by default. What do I do now? Should I have sent it to the court? Have I done it wrong, anyone advise? Regards
-
Hi, Very quick background before I ask a question.... Unfortunately back in Feb last year ME III Ltd got granted a CCJ against me to which I have been paying £25.00 per month since at the order of the Court. Today I have received a letter from MC Sols on behalf of ME III advising the following: ''You are currently making payment towards the debt owed to our client. The concessionary payment arrangement is due to be reviewed and we therefore request that you contact us within the next 7 days to discuss your current financial circumstances. It is important that you comply with this request. Alternatively, please complete and return the enclosed statement of means form and make an offer of payment within 7 days. Our client will consider reasonable offers of payment, based on what you can afford to pay from your disposable income and would not require you to pay more than you can afford. You should also note that our client may be willing to accept a reduced amount for a lump sum payment to settle the debt.'' Am I correct in saying that as the amount I am paying per month was set by the court that I can tell them to get lost? (politely of course)! I was going to email them and copy the court in to the correspondence but before I get going would someone more knowledgeable than me mind letting me know what they think / would do in this situation please? Many thanks in advance. -
Been issued with a county court claim from Marlin, it is pre 2007 and tbh i had a few loans in quick succession from Northern Rock and i dont even know if its legitimate claim or they have mixed them up, i do not deny having loans with them but i am unsure with this claim the more i look at it 1,For a start they have sent letters and copy of the CCA the numbers are not the same 2,The statements they have sent do not add up to what they claim 3,On every apr calculator i try the amount stated on the CCA is incorrect 4,There is no terms 5, No cancellation notice 6, No credit limit I think its a balls up big time but i am after any legal advice please I have enclosed the County court letter, the credit agreement and the terms they sent separately i 100% did not get these or the cancellation letter mentioned. The statements show debt written off in 2009 and the account number in all correspondance has 2 digits more than on the actual CCA All legal help appreciated, i am going to send a cpr31.14 and acknwledge service n Monday (hopefully) ty [/url]
-
Wow what a horrendous few days, im in desperate need of advice and after stumbling across the site i hope and pray you guys can help me, Its a little long winded but i will try and keep to the facts and not ramble on in frustration Logged onto check my file to see a CCJ issued on the 27th nov 2014 (mortimer clarke) Called the court listed on credit file, to tell me the debt etc £3,379 from a car finance agreement through online finance (gmac) 2001, COURT LETTERS WERE SENT TO AN OLD ADRESS, when speaking to mortimer they state that is the address they have for me, so bear that in Mind Car was repossessed approx 2005 here is where it gets interesting the issue for me is in 2009 i made some payments to marlin then i moved address and updated marlin of this address to which is where i live now STILL THIS IS THE INFO I HAVE COLLECTED FROM MARLIN TODAY ON THE PHONE November 2011 i contacted marlin via post to rearrange payments, they have this on their system December 2011, letter from Marlin stating they have received my letter of offer for £10 a month again and enclosed expenditure forms, THE ADDRESS ON THE LETTER IS THE ADDRESS WHERE IM STILL LIVING NOW February 14th 2012 I posted to marlin the expenditure forms back and the completed direct debit mandate ( this was sent first class recorded, also showing on marlins system February the 22nd 2012, A computer system error at marlin has changed my address to one from 2002????, as quoted by a member of staff today it looks like a computer error in 5 days of them receiving the expenditure and mandate the address has changed on the system by itself lol March 5th 2012 a letter has been sent to the address that system has changed from 2002, to let me know there has been an error with the mandate!!! All this time ive been under the impression that the £10 a month has been paid out of my husbands account, never checked to be honest After failing to get hold of me regarding the direct debit mandate issue a letter was sent to really old address (REMEMBER SYSTEM CHANGED MY ADDRESS AND I HAVE CORRESPONDENCE FROM MARLIN WITH MY CURRENT ADDRESS ON) they passed the debt onto Advantice then onto Ruffbrige now in the hands of Mortimer clarke who issued the ccj at another old address that i have not lived at for 6 and a half years, claiming that they had no details on my current address I have been lucky enough to speak to lovely chap at Marlin who gave me all of this information If the ccj would have been issued to my current adress i would have sorted this, for as far as i was concerned it was getting paid, due to the system changing my address ive been issued with a CCJ I want to get this set aside as i feel like this is sooooo unfair Please help me
-
Hello, First post and I'm afraid it's for advice. I had issues in 2008 leading to me defaulting on 3 accounts in the latter half of the year. Whilst one has now dropped from my Equifax/Experian screen (so irrelevant) one remains and the other has never shown. The one that remains is for a credit card debt and is due to drop off on 23/12/14. According to my credit report, this debt (started Oct 2002) was originally valued at default to be £1000 and currently valued at £140 - though has not been serviced or acknowledged by me in any way since the default date. However, the R*tsons letter states a sum of £1000+ with a payment deadline of 12/12/14 before court proceedings are initiated. The other debt (an unsecured loan from 2006) which does not show on my report - and frankly I had forgotten I had - is for £700+via M*rtimer Cl*rke. The deadline for this is 10/12/14. Both letters arrived yesterday. I do not have any paperwork for either agreement - so in respect of the latter debt, I cannot confirm a default date. What is my path now? Do I sit on my hands and hope they are chancing their arm in a last gasp bid for recovery? Why such a discrepancy in figures for the first debt? If I contact either party, am I acknowledging the debts and risking extensions to their activity span? Can I delay any proceedings until the six year limit is up? It is so close. The latter debt is a concern as, whilst I don't have a definite default date I cannot be sure how long they have. Though as I defaulted on all debts simultaneously, it will be close to the limitation. I must confess to being a little panic struck by this as my financial record since the default has been faultless and I've actively protected what tatters remained of it, in the hope of starting afresh from my mistakes. A CCJ would be devastating. Any advice would be welcome and actively pursued. -
Hi Everyone Received claim form from Northampton CC Claimant being Cabot and solicitors are Mortimer Clarke Date of issue – . 16/9/14 I have AOS the claim. I have sent a CCA request to Cabot and they have replied with a similar letter as others have stated on here ie; they do not have the information on file and anticipate it will take 40 days. i sent CPR 31.14 request to Mortimer Clarke and they sent a letter stating they are taking their clients instructions in relation to my request and that they also agree to the extension of 28 days for me to file defence. Here is the POC By an agreement between Citifinancial("CFE") and the defendant on or around **/**/**** date ("the agreement") CFE agreed to issue the Defendant with a credit card upon the terms and conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on **/**/2010 The claimant therefore claims ( a figure over £10k) Having read through a few threads similar should i use the same type of defence as i need to submit a defence in 4 days Thank you
-
Hi, I have received a letter of Mortimer Clarke saying they have been instructed by their client cabot financial to start court proceedings against me for an unpaid vanquis credit card. I would like to send a cca request but don't know who to send it to! Any help would be greatly appreciated. Thanks in advance Craig.
-
Hello Today I received a county court claim form from Northampton court. It is regarding an alleged debt from back in 2008/9 with Citi Financial for which Cabot was assigned the debt in 2010. I have read a lot of threads and understand I need to acknowledge the service online with the court and say I wish to dispute the whole amount asap which I will do this evening. I also understand I may need to send their solicitors Mortimer Clarke a CPR ASAP. in early 2013 I sent Cabot/Citi a CCA request and a £1 cheque. I have not heard anything back since. The cheque has been banked and the CCA was sent recorded royal mail. Considering this fact would the above still apply (CPR request). I am quite confused on what I should do next. Can anyone advise? Thank You in advance J -
Good morning all, First post so apologies if its a bit of a ramble, I received today a claim form from Northampton County Court, claimant MCE (Marlin) in respect of an debt with HSBC. It mentions a bank account facility and they are claiming over £10K. I got myself into debt in the mid 2000's trying to support my business with credit card and overdrafts and it all went horribly wrong. The weird thing is, this debt is actually 2 debts. One for the current acc and one for a credit card. I was harassed by Marlin in 2007, 2008 and 2009 and as I lived with my parents, they were getting most of the calls to their home number and the rest to my mobile. I know I shouldn't have but I paid monies to Marlin in 2009 but then received some debt advice and was advised to write to Marlin as it was felt that they did not officially own the debt. I made a CCA request but it was returned and refused as they said it related to a Bank account and was not covered by CCA. I wrote to HSBC and asked them to clarify the situation (no response) so I wrote back to Marlin and made another CCA request and never heard anything more. I got a letter from Mortimer Clarke a couple of weeks ago saying I owed them £10K and had to contact them as soon as possible and today I got the Claim for from the court. Can someone confirm my position regarding the CCA request, can Marlin combine 2 debts, a bank account and a credit card and then add on £4K worth of interest?? Do I have grounds to defend the case in respect of this? I am scraping by on less than minimum wage at present as I became a full time carer to my father in 2009 and since he passed in 2013, have struggled to get back into work. Thanks in advance for any advice offered. -
hello all i am need of some assistance, i recently had a ccj claim filed against me from mortimer clarke on behalf of marlin capital. I defended the claim on the basis of statute barred, i received a letter today from mortimer clarke saying that according to marlin the debt was not SB as i had made a my last payment in nov 09 my question is what do i do next? could this be a scare tactic from them? do i ask to see proof?
-
Today I have received a claim form for a debt with Cabot for a catalogue debt to JD Williams TA Marisota. Its for Northampton county court dated 6th August. How do I follow this up now with CCA requests etc? I Have successfully defended 2 other claims with help from here but it was about 6 years ago and I can't remember what to do. The amount is for £385.81 plus costs so totals £470.81. I haven't paid anything on this account for about 4 - 5 years, my hubby is no longer around and I lost my job so couldn't afford to pay. Thanks for any help -
i all, This is my first post, so please bear with me. Today I have received a notification of court summons by Mortimer Clark Solicitors for a Cabot Financial Services debt. This dates originally from 2003, when I took out a car finance with Online Finance, via our old friends, Carcraft. Due to losing my job etc etc, I defaulted on the original loan, however contacted them to arrange a repayment of the arrears and to set up a new direct debit, which the provisionally accepted, pending a visit from one of their agents. I dutifully agreed to meeting them (August 2004), and stayed at home all day awaiting their arrival. They never turned up, I made several phone calls, to try and pay by debit card over the phone, which was refused, this went on for a number of months, into early 2005, when out of the blue, I received a letter stating they were coming to repo the car. I agreed that they might as well, and was assured sale price (full market value) would be deducted from the debt. Role on about 6 weeks, I get notification that they sold the car for £1500! (at the time, I calculated full market value to be in the region of £5700, a 2001, Renault Megane, 1.6i, 5 door with all the trimmmings), purchase price including interest being around £10300, of which I had paid approx £3000, when the car was repo'd. Roll to 2005 when I got a debt letter for £7300, the original debt, including interest less what I had paid, but not deducting the sale price, which I had tried to dispute, but all correspondence was ignored. I set up a debt management plan, and paid for about a year, when I was made redundant, and ended up cancelling it because the firm I was with were useless. Roll to today, 8 years later and I receive this court notification. Please note that I have also moved house approx 8-10 times in this period, and have NEVER acknowledged or responded to any debt collection notices for this debt. The court papers state that Cabot bought the debt on the 30/09/2008, the court papers issued on the 26/08/2014, 34 days short of 6 years from when they say they purchased the debt! I know that I was getting letters to various addresses from as early as 2005 from Cabot, usually forwarded by previous landlords, or collected from previous addresses in person, but always ignored, and never acknowledged. I need some serious and urgent help in compiling the defense, and help in getting this won in my favour, but haven't got long to do it in, 14 days. I regret I have no longer got any documentation regarding the vehicle, sale etc due to house moves etc. Please help me!!! -
Hi wonder if anyone could help me here please. going back to 2006 i had a cataloge fell ill in 2007 and could only pay a token payment until 2008 , now i have mc saying they are gonna take me to court , when i first fell ill as i stated paid a token payment , a friend then advised to me ask for the consumer credit agreement i signed which i never signed . the company wrote back to me saying they didt have a cca for me .and sent one for me to sign which i just tore up . didt hear anymore more until a few months back when Cabot started to contact me . today i have received a letter from Mortimer Clarke solicitors saying they are going take me to court . its been just over 6 years since i have paid any token payment or any contact with these people . what i want to know if someone could help . is can they still take me to court, or is this just a bluff to try and get me to pay up. and is this a status barred account . hoping someone can advise me please.and thank you for listening
-
In the past I had problems with repayments and went to a DMC who let me down so I handled things myself. Pure Joy I asked for the agreements and took the route if thy didn't have an agreement then it was not enforceable. I have repaired my credit to a good score and my credit file is clean all dropped off but in April 2013 had a letter from Arrow Global were acting for Britannica who in turn has now engaged Cabot. I have no knowledge of the reference number thay have given and the amount does not ring a bell. I have ignored their letters as they were on the 6 monthly cycle. They kept calling but I refused to acknowledge who I was etc. They have now passed the file to FIRE (financial investigations and recoveries Europe Ltd. I had three hate mails on the same day all same date three envelopes and each saying different. I do not recognise as I have said any of the reference numbers given I have checked all my paperwork and don't know what they are on about. My question is should I send a letter stating I don't acknowledge. or should I ignore. I haven't had any problems from any company who didn't have an agreement. Can you point right direction please -
Hi I have yesterday received what LOOKS like court proceedings from the CCBC saying that Mortimer Clarke Solicitors on behalf of Cabot Financial are taking me to court for a debt supposedly owed from 2007?? I started getting letters many years ago which I ignored because I thought it had something to do with the CCJ/IVA I was in from 2003 until 2010. I thought it was a con. Especially as no one ever turned up on my doorstep etc. I just ignored them. Now this looks like a court letter, but I am not sure if its kosher, and I really dont know if I should reply or not. I dont owe anyone any money and ended my IVA in 2010. What should I do? -
I've just had a letter from Mortimer Clarke saying Marlin have passed the account onto them. The letter has words like "could" when referring to court proceedings, but also has: As you have not agreed a reasonable payment plan " ... our client has asked us to issue Court proceedings against you. " And "This means we will be asking the Court to make a judgment against you." This does seem quite definite. I haven't been in contact with Marlin - basically ignoring all their letters. Should I CCA them in the first instance? Thank you. Mike
-
Hi, I've been reading through the site a lot and I'm struggling to know exactly what to do so was hoping that I could get some help... Stupidly when I was younger I got a credit card from M&S and due to being a student/having no money it built up and completely got on top of me. The debt is for £1600. For the past few years I've basically been hiding from it until recently I answered the phone to Marlin, at which point I said I'd had no proof that they owned the debt and asked them to send proof, ie my credit agreement. All I got through is a copy of a notice of assignment. This is a letter from Marlin that they have been assigned all rights previously owed to M&S, I'm not even sure if that's correct? Can they write there own notice of assignment? I didn't respond to this as it's not what I asked for, and from researching around was nothing to worry about. Next I got a letter from Mortimer Clarke saying they're the solicitors for Marlin, this stated that court proceedings COULD be brought against me. Nothing specific like a set number of days. Again I'd seen letters like this before and ignored it... Now I have a claim form from Northampton court, which has obviously got me seriously worried! Particulars are: By an agreement between M&s & the defendant on or around 13/04/2007... Breach of the agreement... The agreement was assigned to the claimant (Marlin) on 15/02/2013... The original amount owed is £1615 and the amount claimed is £2220. When it states agreement was on 13/04/2007 would that be when I initially got the card? Or when it defaulted? I'm thinking SB but doubt that would be the case... What are the next steps? Do I respond with Acknowledgement of service to get more time? Or dispute the claim? And if I dispute what do I do next? I have tried reading the stickies and other posts, but they're all so specific and I really don't want to get this wrong! I've tried to give as much detail as possible but if there's anything else you need then please let me know! Thanks, Si -
Dear Forum I received a Court Claim from Mortimer Clarke Solicitors on behalf of Marlin group who bought a debt from Lloyds, MC allege that I failed to pay loan repayments and claim the outstanding debt. The Claim was sent to a house that I let to tenants and not my home address. I had no prior notification of the claim. The Debt looks like a case of ID fraud as I have never taken a loan from Lloyds. The Claim wording states: ' By an agreement between Lloyds TSB ("LTBS") & the defendant on or around 05/09/2007 ("the Agreement") LTSB agreed to loan the defendant monies. under the terms and conditions set out therein. in breach of the agreement the defendant did not pay the instalments as they fell due & the agreement was terminated. the agreement was assigned to the claimant on 28/11/2013. THE CLAIMANT THEREFORE CLAIMS: 1.£13K.... 2. interest pursuant to section 69 of the County Courts Act 1984, namely £4k.. ... & continuing until judgement of sooner payment at the rate of 2.94. A few months ago MC wrote a letter to me to my actual home address about a debt of 4k and if not paid within 14 days they would issue proceedings to asking for money to which I responded saying I was not aware of debt and I had no intentions of paying and if they did go to court I would defend using my solicitors and if they did not confirm their intentions within 14 day I would take it that they would not peruse further. 14 days lapsed and no response was ever received. How should I respond. I know I need to acknowledge the claim? (my friend told me, if I don't respond they will get a default order, but I could get this set aside as they knew my correct address and they may therefore withdraw the claim and send their lead up letters first before going back to court if they think the have a case, as the court does not like pre-action protocol not followed). Do I need to write Mortimer Clarke about wrong address used and ID Fraud as before. If MC recall the court claim made will they get their court fee of £500 refunded as made in error? Do I call the court to say the wrong address was used and MC have not sent me prior letters regarding this alleged debt? Also they have stated on their claim form that 'the defendant on or around 05/09/2007' _ Do they actually know the date of the agreement and do they have a copy or are they just trying it on 'ON or AROUND? I would appreciate a response as time is ticking. Thanks Jav
-
Hi - ANY CLIENTS OF DEBT HELP DIRECT AND/OR MONEY WORRIES LTD NEED TO CALL xxxxxxxxxx - ITS THE NUMBER FOR THE ACCOUNT MANAGERS FROM THERE, THEY HAVE A TEAM SET UP TO TELL CLIENTS WHATS HAPPENED AND GIVE ADVICE ON WHAT YOU CAN DO - IVE JUST CALLED AND THEY WERE REALLY HELPFUL -
Hello all, This is my first post and I'm after reassurance more than anything else. First the basic outline of the story. I had a debt with Yorkshire bank for a loan. Due to circumstances beyond my control I got into a situation where I couldn't pay it correctly. After a while they took me to court and obtained a judgement against me. I paid this religiously until a few years later they passed this over to Moorcroft debt collection agency. Moorcroft were great and collected the payments in full until the full sum owed was paid off. there was no short settlement I paid the full amount to the penny. As some will know, getting a millstone like this from around your neck is a wonderful feeling. Imagine my shock nearly a year later when I get a letter from Mortimer Clarke saying they own the debt and I owe them £2800. I have had no contact from them prior to this, If the debt had been passed to them I would have paid the monies to them, it would make no difference to me who got it as I was paying much more than the agreed amount and paid the balance in full. I have full documented proof of payments going right down to zero balance, these people keep phoning me and telling me blatant lies about how they have just had a charging order put on my house at christmas and if i don't pay i will risk loosing my house. I have sent them copies of all documentation and recipts but they still persist in harassing me. My response to them now is that I owe them nothing, I have never heard of or dealt with their company previous to the letter I received nearly a year after the debt was discharged and that if they think they can get any sum from me the only way is for them to take me to court. Can anyone offer any advice please? No time is a good time to deal with **** like these but I have a serious heart condition, I lost my son two years ago and this is making me feel very ill. Thanks in advance Gerry
-
hi received letter of assignment last year from mortimer clarke re an old black horse loan. i sent them a sar request with £10. they have just returned my £10 and have confirmed the following 'we are not holding copy credit agreement, statement of account or any other documents relating to the credit agreement. we confirm we have requested these documents from our client, but that we have not yet received them. they also go on to suggest that in future i direct and further sar's direct to their client which is now marlin II ltd. should i simply sar them or wait for mortimer clarke to respond. if the debt has been assigned to marlin have they purchased the debt? cheers
-
In the seemingly never-ending paperwork trail of my mother in law's financial nightmare, Mortimer Clarke (initially via Marlin some 18 months ago) are now chasing her for a CC debt (originally Egg, then BC). No one had chased her for this debt in around 4 years so she'd just let it lie. We asked for CCA which was provided with missing terms. Wrote back and told them unenforceable with no details as to why. Today she has received a new reconstituted CCA, which has all prescribed terms from what I can tell at a quick glance. They have also sent a couple of statements but the balances are showing in US dollars and not sterling!? They have also sent an I&E form and requested it be completed so that her financial situation can be assessed. The CC account was taken out online in August 2002 and they are saying there are no signature documents available as it was taken out online. Statute Barred date is 11/2014 from what I can follow of the paperwork. Previous letter mentioned veiled threats of legal proceedings etc. Is a signed document required to enforce this debt? I don't agree with her not paying it back but she has absolutely nothing more than a state pension to live off and can barely make ends meet as it is so would be offering something like £5 a month (debt is £3.5k so she'll never clear it). Thanks for any advice.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS