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Hi caggers, I have received a letter from Mortimer Clarke which I originally thought was to do with an alleged Barclaycard debt but now realise relates to an alleged Egg debt. The letter contains income and expenditure forms and a Direct Debit mandate for me to complete and states that if no reasonable offer if made within 14 days then they will issue a claim in the County Court. I sent a s.77/78 request to Egg in 2010 and received nothing so assumed they had no agreement form to support the demands they were making of me for payment. Should I reply to this Mortimer Clarke letter and if so how? Any help much appreciated. Cheers.
Dear Caggers, I live in Indonesia, and have done so since 2006. I had an Egg card taken out in 2000, which fell into arrears in 2008, and despite CCA 78 request the documentation received did not appear to satisfy the four corners rule. I have made no payments since late 2008,but would have to try and check when this was exactly. I have written to Egg many times to explain the account is in dispute, but as per many fellow unfortunates, it seems the account has simply been passed to Barclaycard and Marlin Capital, and finally Mortimer Clarke. On a brief holiday to the UK, I found mail piling up at my flat( rented out) including letters from Mortimer Clarke. I emailed them on 19th June to explain I do not live in the UK, and the account was in dispute. I have now received a County Court claim form dated 20th June, asking for 12k credit card arrears and nearly 5k interest. I intend to acknowledge the service initially, but my questions are: Should I mount a defence based on the fact that I do not live here, and will be unable to attend court to speak in my defence. Was Mortimer Clarke able to lodge this claim knowing this..?Unless timing was purely coincidental.. Should I apply for another CCA 78 or SAR, and to whom..EGG or MC..? What is the current feeling regarding pre 2007 CC agreements-are they unenforceable, as was thought a couple of years ago, when I was last in the UK.. Any advice kindly received, and I will buy a scanner in order to load any copy documents required..
Received a court claim yesterday from this outfit. Has been in dispute since 2009 having requested CCA and received a copy of the application form. There are plenty of charges - there is PPI (however very old and I cannot obtain statements between 1999 and 2004 when it was on the account but can certainly apply an average. I don't have the majority of docs referred to in their POC. After some advice on best way to proceed - intend to defend - should I counter claim? Not sure where they get the interest figure from either! Didn't think they could include that? I thought once terminated no interest was payable on that front? Should I request the POC docs via CPR request and see what comes back - if anything although aware that's a civil request and they don't have to send them! Any help and advice greatly appreciated!
I have received a county county bulk centre forms from Northampton, in regards to the cliamant Marlin via Mortimer Clarke Solicitors in regards to an HSBC account And states HSBC has agreed to provide the defendant with a current account facility upon the T & C's set out therein. The defendant has withdrawn monies from the said account such that the balance exceeds the agreed overdraft Limit & has remaind in such over drawn position, despite requests by HSBC to remedy this. The agreement was terminated by HSBC. The agreement was assigned to the claimant . The cliamant has complied with sections III & IV of practice direction - Pre Action conduct. The cliamant therefore claims 1. 4500.00 2. Intreast pursuant to section 69 of the County Courts act 1984, namely 1096.30 & continuing until judgement or sooner payment at the rate of 0.98. The actual amount being displayed is Amount claimed 4500.00 Court fee 190.00 Solicitors costs 100.00 Total 5900.00 I have already sent of my Acknoweledgment, What should i do next?send a CPR requst in response to the POC ? So any advise would be nice on how to proceed ? THANK'S