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Found 113 results

  1. i was in debt managment company dcm apex 2001 to 2008 when it went out of buisness they paid this debt not on my experian records ?
  2. 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
  3. 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
  4. 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.
  5. Hi, A little advice pls.. brief outline of my case, received notification from mortimer clarke solicitors concerning an alleged debt from a pre 2006 loan with northern rock.. . fired off a CCA request and didnt receive a reply until court proceedings arrived some 4 weeks later.. . sent failure to respond to CCA letter and filed defence stating that account was in dispute. .. have just received apology from mortimer clarke and a notice of discontinuation.. my question is will any future court claim be unlikely or will it make no difference to any further claim ?
  6. Hi, I would like advice on where I stand regarding a CCJ against me which I have defended received acknowledgement from the court and the solicitors (Mortimer Clarke) but have not received anymore correspondence since 30/8/13 from Courts and 22/8/13 from solicitors which states they have given me a 1 month extension to file my defence. Am I now able to have this CCJ struck out? Any help appreciated
  7. I'm not sure which is the right place to post this, so apologies. Please move to the correct forum. I work from home and, over the last ten days, I have received around 10 telephone calls from a company called Mortimer Clarke. They are trying to contact Mrs Sam and they will not tell me what it's about other than 'it's a serious matter' On each occasion that they have phoned I have told them not to phone again and instructed them to write to my wife at this address. She doesn't work from home but from an office in the local town. They have just phoned me again and I lost my temper (only a bit!). I told the man, again, to write to her at this address and make a record of my request. All he would say to me was that he could not accept that instruction from me - only from her and she would have to phone him to issue that instruction. He said, again, that it was a serious matter and 'As I had just confirmed that this was her phone number he had every right to keep phoning'. I asked him if they had written to my wife previously about this matter and he told me that it was none of my business! That's when I lost my temper. I told him that I wanted his name and company address and also the name of his boss. He supplied them but continued to assert his rights to phone when he felt like. He also said that any letter would have to come from my wife - not me. I asked him again if they had written to my wife prior to the phone calls and he said ' Well of course we have.' I told him, again, to send copies of the correspondence to my wife and he said that he would not do so unless she contacted them. He then started to tell me again how they were within their rights to keep phoning this number - at which point I told him that he had wasted enough of my time and I put the phone down. Can anyone please advise me as to what course of action I should now take? Was I right to say that I would send them a letter of complaint? Should I, or her, send the letter? It's obvious to me that they are after my wife for something (!) but she is adamant that she doesn't know what it's about. Also who do these people chase debt for? Does anyone know? Any help and advice will be gratefully received. Thanks.
  8. Hi all I am new to this forum and am not sure if I am posting in the right place. I recieved a claim form from NCCBC the other day and the claimant is Mortimer Clarke on behalf of Marlin Europe I, I have had no contact from them prior to this claim form, in the particulars of claim it mentions HSBC Credit card and that they served me with a default notice, then terminated the agreement. The agreement was assigned to the claimant on the 15/02/2013 and that the claimant has complied with section III & IV of practice Direction Pre-Action Conduct. I have looked at my credit file and it shows nothing for HSBC and Marlin appeared on june of this year. Any help gratefully appreciated
  9. Hi I have just received a letter from Mortimer clark regarding a secured loan I had with Black Horse. It says they are working for Marlin and have submitted a order of possession with the court but they also give me 21 days to complete a budget form and make an offer of payment...confused, can they go through with the possession order as I read on another site that only the loan gets transferred and they cannot enforce anything? The other site also mentions a novate agreement can someone explain what this is?? thanks
  10. Hello, We moved house in march of this year, and today received a letter addressed to the old house which was handed over by the current occupier, it is a court paper from the Northampton court for an aledged debt owed to marlin care of mortimer clarke solicitors, the court papers aledge my wife owes (including charges and interests) just over £5000 in relation to a credit card for marks and spencers dating back to 2004 - I did have a credit card with m&s many many years ago and paid off large amount of it until i fell upon hard times and couldnt afford repayments again, after defaulting i never ever heard anything else from them, no invoices, statments, reminders, letter of balance or requests to pay, so as far as I was concerned this debt had gone away, and it certainly wasnt for the silly sum being asked for today................. As you can imagine this is quite a shock as its been years and years since anyone wrote to me about this, in the court papers it says my debt was aquired by mortimer clrke / marlin in the febuary but i never received any letters or notification, and with moving home in march i certainly never received anything from them up until today which was pure luck. I dont know when i last made a payment to them, it could have been more than 6 years ago and then again it could be less, i have no paperwork relating to what i paid back then and what was left owing, and i have no idea what to do now... ...... the truth o fit is i dont mind paying a fair amount in true relation to what i had owed, but this has all come out the blue. Are they allowed to transfer debts like this without any contact, and without notification, andmore importantly without even knowing where i live, surely theyare protocols they have to meet before being able to take it to court. Help and advice is needed please, thankyou for your time.
  11. Hi in need of some advice from here once more. I have a cc j dated October 2007 which i defended and lost even though there was no credit agreement. (about £12k) Then to make things worse i had a charging order applied against my property. I have today had a letter from Mortimer Clark which says; As we have not been able to reach an amicable arrangement to settle the balance outstanding, we have instructed Marston High Court Enforcement Officers and Certified Bailiffs to act on our behalf in this matter. My question is do they not need to go back to court to take such action or does the existing CCJ entitle Mortimer Clark to do this ? Quite worried about this one.
  12. People ask me why I have just enrolled as a 1st year Law Student on Open university....i reply "if you lived my life you would know why ?" So credit card debt for my WIFE not me, I lost some 18 months ago which was bizzarre as I had won 2 previous court appearances different creditors with the credit agreement arguement but this one they used the case arguement and won. I asked the judge how that can be and he said he had viewed it differently. So they got an order, i refused to pay it, they then tried all sorts and the order has changed ownership a few times as MCE have changed names etc and moved it about, the original debt i think was barclays or lloyds. Anyway I have not entered into any correspondence with them at all (wrong I know) so eventually they got a charging order on the house and to be honest this was done underhand as we were not advised and all of a sudden the charging order appeared. To be honest it wasnt the end of the world. i do find the law FATALLY FLAWED that you can take an unsecured loan with a credit card company that when sold the DCA can make it SECURED by way of a charging order on your property. SURELY THIS MUST BE WRONG and against Human Rights (It seems to work for everything else lol) I think the original debt was for 2500 which they now estimate at £5500 with interest I havent told them yet that they can not charge interest on the debt and it is protected by CCA so the final order amount is the only amount that they can pursue. Anyway they recently applied for a Restriction against the land with the land registry. I opposed the registration with the land registry who did not agree and granted the restriction, again something that is flawed in a big way. I think there is a junior at the office who has 5 rules on the wall and if you dont mention these criteria its a no. I actually quoted laws and recommendations etc and the fact its a joint property and I opposed it on my shaare of the property etc etc so thats another cast to pursue !!!! Now they have sent a valuer around for an external valuation and will apply for an order of sale. I will now apply or go to court with the following arguements :- It is a jointly owned property There is no equity There are 3 other charges on the property in front of them plus the mortgage so they wont get a penny It is a family home 5 children youngest 3 yrs old so they will need to wait 13 years at least and my opinion is that if you choose to take an option on my house you can wait for your money !!! So can somebody let me know if I am correct....Please Oh this is all on top of another 2 court cases (water and a parking fine as well) aaaarrrrrrggggggggg
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