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mortimer clark/court claim/mbna

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been helping a pal against this lot

they are after a charging order

 

to be brief

 

marlin contacted him on behalf of arrow

sent in a cca request

the reply was bog off quoting rankin

week later n1 claim

 

so did the defence and cpr request

 

now i know they have not got the default notice from mbna, this is where it gets interesting

they suplied/arrow, there own default notice to throw me off the scent, fat chance

 

 

mortimer clark have applied for sumary judgement at next week, so time is of an essence

 

 

they are now saying

 

WHEN THEY WERE ASSIGNED THE ACCOUNT FROM MBNA, THE ACCOUNT WAS NOT TERMINATED SO MBNA DID NOT HAVE TO ISSUE A DEFAULT NOTICE

 

 

EXCUSE ME

 

FOR AN ACCOUNT TO BE ASSIGNED TO A DCA, THE ACCOUNT HAS TO BE FIRST DEFAULTED BY THE ORIGINAL CREDITOR, THEN ITS TERMINATED AND SOLD ON TO A DCA

 

NEED TO DRAFT A QUICK LETTER TO MORTIMER CLARK TELLING THEM, SEE YOU IN COURT

 

COMMENTS PLEASE AS URGENT

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It depends whether Arrow bought the account. If it wasn't bought it might just have been assigned for collection in which case MBNA wouldn't have had to issue a Default Notice. You are right that it would have to have been defaulted then terminated if they wanted to sell it on.

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So If It Was Just Assigned For Collection, How Can Arrow/marlin Issue An N1 Claim In There Name

Getting A Bit Confused

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Going Through His Docs Sent By Mortimer Clark

 

A Letter From Arow Globel To Mr X Dated 3 July Saying Mbna Debt Has Been Assigned To Them Effective 24 April

 

So Arrow Have Confirmed Debt Has Been Assigned To Them

 

Letter Dated 3 July From Arrow Default Notice From Arrow, Arrow Have Defaulted The Account

 

Letter Dated 21 July

Arrow Have Terminated The Account

 

I Could Have Knocked Up This Lot On My Pc

 

So Assigned The Account 24 April

Defaulted Letter Dated 3 July

 

Termination Letter Dated 21 July

 

Very Neat

 

 

So Under The Cpr Request

Still No Notice Of Assignment From Mbna To Mr X

No Deed Of Assignment/ Realy Like To Look At That One

 

Its All On Mortimer Clark Paper

Smell A Rat

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I Still Cant Get My Head Around This Biz Of An Account Being Assigned To A Dca Where The Original Creditor Does Not Have To Default Or Terminate An Agreement Prior To Selling An Account

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been helping a pal against this lot

they are after a charging order

 

to be brief

 

marlin contacted him on behalf of arrow

sent in a cca request

the reply was bog off quoting rankin

week later n1 claim

 

so did the defence and cpr request

 

now i know they have not got the default notice from mbna, this is where it gets interesting

they suplied/arrow, there own default notice to throw me off the scent, fat chance

 

 

mortimer clark have applied for sumary judgement at next week, so time is of an essence

 

 

they are now saying

 

WHEN THEY WERE ASSIGNED THE ACCOUNT FROM MBNA, THE ACCOUNT WAS NOT TERMINATED SO MBNA DID NOT HAVE TO ISSUE A DEFAULT NOTICE

 

 

EXCUSE ME

 

FOR AN ACCOUNT TO BE ASSIGNED TO A DCA, THE ACCOUNT HAS TO BE FIRST DEFAULTED BY THE ORIGINAL CREDITOR, THEN ITS TERMINATED AND SOLD ON TO A DCA

 

NEED TO DRAFT A QUICK LETTER TO MORTIMER CLARK TELLING THEM, SEE YOU IN COURT

 

COMMENTS PLEASE AS URGENT

 

as far as i am aware a debt can be sold "in any condition" live or dead and does not have to be defaulted by the OC before it can be soid"

 

the default notice must have the name and address of the owner of the debt on it when it is issued.

 

as far as i am aware, if a debt is assigned with a default notice issued the new owner can (prior to the agreement being terminated) issue another DN or serve a termination on the existing DN he bought with the debt

 

but if he does issue a termination notice (or claim the the full amount of the account or commence proceedings for the balance - all of which amount to termination then he is bound by the contents of the original DN as if he had issued it himself.

 

if he has not issued a new DN himself and he denies being bound by the original OC's DN then he is admitting by default that that he has terminated without a DN

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you need to check the T & C;s but you will find that 99/.9% of agreements have a sell on clause

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where they fall is here

 

to sell an account to the likes of Arrow means that by design the account terminates as Arrow do not lend money so cannot continue the account if any default is remedied within the default time frame,

 

 

so i think they may have a bit of trouble myself

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where they fall is here

 

to sell an account to the likes of Arrow means that by design the account terminates as Arrow do not lend money so cannot continue the account if any default is remedied within the default time frame,

 

 

so i think they may have a bit of trouble myself

 

ah yes i take your point that one has to be authorised ( sorry i assumed that was a given) if buying a live or unterminated debt but i think many purchasers of debt are now covering themselves and are getting themselves licenced

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where they fall is here

 

to sell an account to the likes of Arrow means that by design the account terminates as Arrow do not lend money so cannot continue the account if any default is remedied within the default time frame,

 

 

so i think they may have a bit of trouble myself

 

whilst your'e around PT can you help me out on another thread i have given advice on

 

do bank hoilidays get discounted when counting the 14 calendar days in a DN ( i know about the service but not sure about the counting days)

 

i rather suspect they may be counted in the 14 days but not sure!

 

thanks

 

dick

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no, my understanding is that its 14 days, worts 'n' all so to speak,

 

so BH's are part of those 14 days in my view

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pt

 

ive gone down thr route ref the default notice and 14 days

 

m/clarks reoly was

 

IT IS ALSO DENIED THE DEFENDANT WAS NOT GIVEN 14 CLEAR DAYS.

THE DEFAULT WAS SERVED ON A SATURDAY 5 JULY AND WAS REQUIRED TO RESPOND BY 20 JULY, THUS GIVING 14 DAYS

 

THE CIVIL PROCEDURE RULES WERE AMMENDED ON THE 1 OCTOBER 2008 HOWEVER, PRIOR TO THAT IT WAS ACCEPTED THAT DOCUMENTS COULD BE DEEMED SERVED ON A SATURDAY

 

BLOW THAT OUT OF THE WATER WILL YOU PT OR DIDDYDICKY

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Ref The Agreement

 

The Agreement Does Not Have To Show An Ammount Of Credit As Its A Running Account Credit Agreement Under Sec 10a Of The Cca

 

The Ammount Of Credit Is For A Fixed Sum Agreement

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you (they) say that it was served on saturday 5th july

 

was it served by hand?, recorded delivery, courier? ordinary post? what was the date on the letter itself, was it the 3rd , 4th or before?

 

who is to provide evidence of when it was put in the post.

 

who is to provide evidence that it was delivered on saturday

 

Is there a record on the creditors system confirming when the letter was posted (it is not unusual with a big company for a letter to be posted the next day after it is written due to their internal mailroom procedures

 

If this letter was dated 3rd or 4th i would be wanting to put the creditor to strict proof of posting

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Ref The Agreement

 

The Agreement Does Not Have To Show An Ammount Of Credit As Its A Running Account Credit Agreement Under Sec 10a Of The Cca

 

The Ammount Of Credit Is For A Fixed Sum Agreement

 

but it has to contain a statement as to what the agreed credit limit is or how it is arrived at

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Letter Was Dated 3

 

Its All On Plain Paper

Even The Default Notice Is Crap As At The Top It Does Not Contain The Creditors Name And Address

 

Ime Thinking This Was A Quick Knock Up Job After The Defence Went In

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also have you checked to see if arrow hold (held at the time) a consumer credit licence since if they do(did) not then the DN would be defective by virtue of the fact that they could not legally offer the debtor the opportunity to rectify the breach, because if he did so then it would be as if the breach had never occurred

 

that is to say if he rectified the breach within the time limit given then the agreement would continue to be in force

 

however if arrow do not have a licence to operate as a running credit provider then clearly the debtor cannot enjoy the benefits of the agreement as if the breach had not occurred IMO

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Letter Was Dated 3

 

Its All On Plain Paper

Even The Default Notice Is Crap As At The Top It Does Not Contain The Creditors Name And Address

 

Ime Thinking This Was A Quick Knock Up Job After The Defence Went In

 

any chance of posting it up!

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Ill Post Later

 

Scanner Packed Up

Ill Post The So Called Notice Of Assignment And Termination Notice As Well

 

Its All On A4 And None Of It Has Headed Paper With Arrows Name And Address

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Any Body Post A Link To Check Credit Licence

 

As Far As I Know, No Sar

 

Ime Battling Against Time As Hearing For An Order For Strike Out Next Monday

 

He Has Had His Head In The Sand

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Any Body Post A Link To Check Credit Licence

 

As Far As I Know, No Sar

 

Ime Battling Against Time As Hearing For An Order For Strike Out Next Monday

 

He Has Had His Head In The Sand

 

thats nothing compared to where arrows head is llikely to end up!

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Hi,

Sorry for poking my nose in but I am dealing with Marlin/ Mortimer Clark at the moment attempting to get a CCJ set aside and their paperwork is a little suspect to say the least...

 

In the respnse to my SAR I have received a copy of a Default notice which states an earlier date of origin to the one I have in my possession.. they have actually dated it to fit in the 14 day timeslot... still flawed anyway.:p

 

And a Notice of assignment from the OC that gives a different name altogether to the alleged new owners who Marlin are acting on behalf of...

 

All their paperwork bears scrutiny... It is decidely shoddy and it appears to be like someone putting together a jigsaw who cuts the piece to make them fit..

 

Just my observations ...

 

I would recommend a SAR to Marlin and a SAR to OC because in my experience the information received is very contradictory.

 

Spam. :)


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