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I am paying Marlin Europe £51.08 per month through Payplan and have done so for the past September 2008 in order to reduce a £4000 debt.


I have today received papers from their solicitors Mortimer Clarke enclosing a Bankruptcy petition and Schedule of Costs by way of service upon me. They say I will need to appear in my local County Court on 2nd March @ 11am. A previous hearing was done on 18th December (according to a piece of A4 paper I have in front of me), which I knew nothing about!!!


I have sent everything across to my case manager at Payplan and also called Mortimer Clark and explained that I am making regular payments via Payplan, I am waiting for someone to call me back.


I remember receiving an SD in July 2008, but I didnt contest it as the time was already up on it, so I just sent it to Payplan.


I have just looked at the Conditional Sale Agreement, which is regulated by the CCA 1974, taken out in 2003, there is no signature next to my name or the witness name for that matter only a signature OBH the finance company. Also in the "due dates for monthly payments" it is blank, nothing has been entered. Is this agreement enforceable?


I have never seen a Default notice on this matter nor a letter before action, all I received was an SD back in July 08.


I have to go to court on 2nd March @ 11am


Any advise, please!!!!! I am worried sick now, just had a little boy and do not want to end up homeless

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