newbie marlin/mortimer clarke solicitors

[melmumof3]

hi all,

new here.

 

 

have received a letter from the above solicitors regardiing my debt.

 

 

they have increased my debt by £1100,

 

 

charged interest from march 06,

 

 

and as i can pay in full say they are taking me to court.

 

 

i sent for my CCa 8 days ago, and have heard nothing. so

 

 

when i said about the CCA request, they said that they dont have to send it, as its a closed debt and now is registered??? im confused.

 

 

i thought they have to send this by law.

 

 

sainsburys sold debt in november.

 

 

you cant talk sensibly on the phone to them they just talk you down. i let them get to me.

 

 

i have previously been on a DMP with CCCS,

 

 

but cancelled it november to sort out mortgage arrears. please can someone advise is this right what they are saying? oh BTW they want £4800 within 7 days, i dont obviously have it.

kindest regards mel

[melmumof3]

hi all, im a newbie please be gentle, but

ive today received a letter from mortimer clarke solicitors regarding a CC debt. they have added £1141 on for incurred interest from march 06. debt is now £4800. i requested my CCA 8 days ago, and rang this company today asking if its been received. they said they dont have to send it now as its a closed account, and is now registered so they will take the court route. im confused by what they can or cant do. my understanding is they had to supply the CCA on my demand. the original lender was sainsbury CC which was sold in Nov. i was on a DMP with CCCS up until then, but CCCs cancelled it as i have 2k of mortgage arrears to clear.

 

what do i do now

kindest regards mel

[freakyleaky]

Hi Melmum and welcome to the site.

You will get more help and advice in the DCA forum. I will have your thread moved there for you.

[pookeymonkey]

Hi melmumof3,

 

It doesn't matter if the account has been closed or not a CCA request is a legal request that you are entitled to make. If the request is not met after 12working days then it goes into default, if the default continues for 30 days then they have commited a criminal offence.

 

Please do not be fobbed of with being sent a copy of your application as many of these are unenforceable (post it up on here to get help if they do send one).

 

I have been dealing with Marlin/ Mortimer clarke for about 8 months now and all I recieved was a barely ledgable application form, I told Marlin this was unenforcable, they said that this was my CCA, so I told them to take me to court. Later Mortimer Clarke got involved, these people have a grand name but share the same shed in the middle of nowhere as Marlin (Ive seen it, put their postcode into google earth!).

 

Mortimer Clarke solicitors consist of one registered solicitor (put their name into the Law society website in the find a solicitor section to find out who), and are just as willing to lie as Marlin. I recieved court papers containing another persons details and had to be withdrawn, so I sent their solicitor a letter telling him I was going to complain about him to just about everybody I could. I then recieved a letter telling me that they were waiting for my CCA and I would recieve it when they had it, so it just goes to prove they were lying from the start!

 

Anyway thats my rant out of the way! Good luck, if you need help or just a bit of support just shout,

 

Pookey

[firstwithit]

NEVER SPEAK TO THESE PEOPLE ON THE PHONE, they tell you anything they want and deny anything that doesnt suit them generally talking rubbish.

Did you send this by recorded/register delivery?

If so you can see when it was signed for from PO website and the time starts from there!

[rory32]

Thred moved to Debt Collection Forum.

[melmumof3]

NEVER SPEAK TO THESE PEOPLE ON THE PHONE, they tell you anything they want and deny anything that doesnt suit them generally talking rubbish.

Did you send this by recorded/register delivery?

If so you can see when it was signed for from PO website and the time starts from there!

 

thanks for advice guys

yes i sent letter by recorded delivery, i didnt know i could trace it though.. will check this tomorrow.

[clutchingatstraws]

Never speak to them on the phone.

 

Keep copies of all correspondence.

 

You can see and print your recorded delivery signature on Royal Mail Tracking.

 

Any threats or a CCA turns up post it up for further advice.

[marky1000]

hi melmumof3, first off dont speak to them on phone they willl say anything to get you to pay

you say you have sent them a cca and they say they dont have to comply. i think they are talking rubbish, did you send it registerd post?

also dont sign any letters print name( they have learnt to copy and paste)

as for this registered debt duno what the heck they are talking about i think they are trying to confuse you

they still a have a few more days to go before they run out of time on the cca. no cca no enforceable debt

someone else on here might be able to give more advise on charges that they have put on your account hope this helps ..mark

[Docman]

Hi Mel

Can you add a few more facts or possibly post up any letter you have had from Morticians & Co after removing any personal details?

You mentioned 'Sainsbury's'. Is this debt for a personal loan or credit card that you arranged through Sainsbury's? I think Sainsbury's act as a 'shop' for the Bank of Scotland, now part of HBOS. Have any of these companies contacted you over this debt?

You also mentioned a 'registered' debt. Have you been taken to court about this and has a judgment been entered against you?

Sorry about all the questions, but it would then be easier for everyone to advise you.

Cheers.

[melmumof3]

hi again,

ive today spoken to CCCS, whom have said that the DCA doesnt have to produce the CCA, but i need to ring the original lender for it?? im confused.

and also said that the DCA can add charges on, so im left with a shiny new £1100 debt, all because im in arrears with my mortgage and had to cancel my DMP. so back in the hole again, and taken 5 steps forwards and 10 back. didnt sleep well last night, and woke up with pins and needles all down my arm and leg. really stressed out at the moment.

[melmumof3]

(((bump))))

[Having_A_Knightmare]

They are wrong at CCCS.

 

If you sent the request to Marlins who whee dealing with the debt you need to do nothing more.

 

Wait till they are 12+2 working days in and re post.

 

HAK