Mortimer/MCE - claimform very old Direct Car Finance - ***Time Order***

[dx100uk]

as asked several times

 

did you ever get an sar off to the OC?

 

if the car was faulty you should not have had to pay any dca

 

this smells

 

have you now got ALL the statements?

 

dx

[AndyOrch]

If you could read and complete the following and post here amac31 :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[amac31]

I could not send a SAR to the original creditor as they do not exist anymore,

any statements or paperwork that we have left are supplied in post 50 above.

 

With regards the car being faulty, back in 2000/01

there wasn't the information available that we have today

so we were not aware of our rights with regards rejecting the vehicle.

 

If we had known about the statute barred rule

we would not have entertained Marlin's in the first place

as it was 6 years and 9 months between the original default

and them being allegedly assigned the debt.

[amac31]

I could not send a SAR to the original creditor as they do not exist anymore, any statements or paperwork that we have left are supplied in post 50 above. With regards the car being faulty, back in 2000/01 there wasn't the information available that we have today so we were not aware of our rights with regards rejecting the vehicle. If we had known about the statute barred rule we would not have entertained Marlin's in the first place as it was 6 years and 9 months between the original default and them being allegedly assigned the debt.

Thanks for the reply Andy, I have uploaded the claim form in post 50 do you need any other details other than that?

[AndyOrch]

No that's fine amac.

 

I will have a refresher on your thread when I get chance.

 

Regards

 

Andy

[amac31]

With regards to notice of assignment I cannot remember receiving one but not 100% as it was a long time ago. We definitely do not receive yearly Notice of Default sums in arrears.

[dx100uk]

 

If we had known about the statute barred rule

we would not have entertained Marlin's in the first place

as it was 6 years and 9 months between the original default

and them being allegedly assigned the debt.

 

as you saying you made no payment on this debt from the default date

till marlins spoofed you?

 

dx

[amac31]

as you saying you made no payment on this debt from the default date

till marlins spoofed you?

 

dx

 

A default was issued in January 2001 ,

was paid for a few months before that and nothing until the 17th January 2006.

 

This was paid to another DCA, not sure who this was now as a few DCA's had my account

until Marlins took it over in 2009.

 

Going back to an earlier post

 

Do we need to file the AOS in both of our names as we both received claim forms

with different passwords on them.

 

Do we both need to send a CPR 31.14 to the solicitor or is one copy enough?

 

from this point onwards does everything need to be done in both names

or will one copy with both names on be enough?

Edited May 14, 2014 by amac31
additions

[amac31]

Sent AOS online in both names and have CPR 31.14 Requests printed out 2 copies 1 in each name to post 1st class recorded tomorrow.

[theoldrouge]

On a quick look, very similar to lorry mans thread. No t&cs with ag and doubtful they will be able to obtain so 79(3) will finish theirs claim.Don't forget s79 request asap

[amac31]

On a quick look, very similar to lorry mans thread. No t&cs with ag and doubtful they will be able to obtain so 79(3) will finish theirs claim.Don't forget s79 request asap

 

 

Excuse my ignorance but what is a s79 request and who do I send it to?

[theoldrouge]

Cca request to claimant

[dx100uk]

they will have to prove those payment close to the end of the 6yrs

 

pers i'd plumb for an SB defence

 

but where the hell you get the statements from to prove oneway or another

the debt WAS statute barred before you started paying marlin?

is another matter

 

incidentally

 

you need to redact the barcode from the claimform

 

dx

[theoldrouge]

but where the hell you get the statements from to prove oneway or another

the debt WAS statute barred before you started paying marlin?

is another matter

 

----Very much doubt you can dx,

 

Credit Corp US will deny any connection with CC UK,

 

but on the other hand doubt they can get the t&cs either:-)

[amac31]

Am I right in thinking that I have until the 9th of June to submit my defence?

 

I have heard nothing back from CCA request or CPR request yet.

 

Any ideas on how to structure my defence?

 

Can I include in my defence that in the original agreement our £400 deposit

was used to pay for warranty and GAP insurance up front

and there was only £15 left as a down payment on car?

[dx100uk]

I would think you can surely use the fact that the car was faulty too?

[dx100uk]

and as Postggj's posts

 

that conditional sale agreement is pants

 

they took all the insurances off the deposit you paid first

 

they appears as stated to have re-added the £15 left after the insurances were deducted from the deposit.

 

etc etc.

 

and I very much suspect that the debt was ALREADY statute barred from 2001 when you started paying marlins.

 

dx

[dx100uk]

oh and I make you date the 8th not the 9th [33 days inc the claimform date [day 1]

[amac31]

ok thank you, I will see if anything arrives from them in the meantime but I cant see the original t&c's turning up either.

[amac31]

Still no replies from them, is there anyone who can help me set out my defence. I do not know which route to take given that the car was faulty from the beginning, they have not replied to CCA request , they have not replied to CPR request, they used deposit to pay off insurances and Marlin took over the account even though debt was probably statute barred.

[amac31]

Hi, would it be possible for someone to draft me a defence using the above facts as I need to submit it before Sunday. I do not want to

do it incorrectly and jepordise my case.

[theoldrouge]

amac, whatever else you use, as in lorrymans case 79(3) will see them off, so plenty to be gleaned from his defence

[amac31]

Hi,

just received some documentation from Mortimer Clarke after my CCA request and my CPR31.14 request.

 

The letter was produced on the 6th of June 20 days after the request and just 2 days before my defence was due.

 

As I have just received them today my defence was already submitted

which partly relied on them not complying with the requests.

 

They have sent me :

1. A copy of the agreement which is already posted earlier in this thread

and uses our deposit to pay off insurances and does not include T&C's

 

2. A dubious copy of the alleged assignment dated January 2008

although the assignment date is listed as October 2006 15 months prior .

 

3. 3 different default notices dated June, July and October 2000.

 

4. The termination notice dated January 2001 which is also posted earlier in this thread.

 

5. 2 statements of account dated December 2005 and May 2014.

 

Please could someone advise me how to proceed

because I'm not sure now whether they have everything required to proceed in court.

 

They state in their letter that their client has agreed to the extension of 28 days to file my defence

pursuant to CPR15.5(2)

but I must notify the court in writing of the agreement

but the problem is my defence was already filed before I received this.

 

They now say that they have all the evidence confirming our liability

and we must put forward our proposals to clear the debt

and they have included an income and expenditure form ( now in the bin ).

 

Let me know if I need to upload anymore documents and I will do it tonight.

[theoldrouge]

they can continue as they did in LMs case, but in order to obtain a ccj they will need the t&cs which as in LMs case I very much doubt they will be able to obtain. In these type of cases its who blinks first,its like a chess game, so dont ever give in, s79(3) will prevent them obtaining a judgement. What they have supplied mentions "I have read the relevant insurance details" so where are they? and of course "you agree to be bound by its terms" eg, charges, missed payments etc etc

[amac31]

Should I send the letter that you prepared for LM with regards to non compliance of the requests or should I just leave it and see if they proceed to court?

Would page 2 of the uploaded agreement ( headed Important - you should read this carefully: your rights ) not be classed as their Terms and conditions?

Edited June 13, 2014 by amac31
additions