Marlin Europe Court Case

[wickerman14]

Hi,

I would like advice on

 

where I stand regarding a CCJ against me

 

which I have defended

 

received acknowledgement from the court

and the solicitors (Mortimer Clarke)

 

but have not received anymore correspondence since 30/8/13 from Courts

and 22/8/13 from solicitors

 

which states they have given me a 1 month extension to file my defence.

 

Am I now able to have this CCJ struck out?

 

Any help appreciated

[silverfox1961]

Hi and welcome to CAG

 

I have moved your threa to the Legal Issues forum (with a short redirect from the original forum) where you should get better assistance.

 

You need do nothing, just carry on posting

 

As for your question-no idea. Hopefully better minds can help.

[fkofilee]

Somehow i think that you should of had something back from them buy now to state what action is being taken etc.,.

Why not speak to the court and find out

[wickerman14]

Somehow i think that you should of had something back from them buy now to state what action is being taken etc.,.

Why not speak to the court and find out

 

I shall ring them and if further assistance required I shall post new thread.

Thanks

[wickerman14]

Hello more help please.

 

I have just rung Northampton (CBBC) to be told this case has had a stay put on the claim until further notice since August 2013.

 

I have told numerous dca's that this was not my debt but they continued to pass on to other debt companies

and the threatening letters continued under different names.

 

in the end I ignored the letters until the claim form arrived

 

in which I entered a defence and asked Mortimer Clarke to prove the debt was mine.

 

I know for a fact this debt was not mine but my ex wifes who is slowly paying this off.

 

How can I get this pending CCJ struck out as Northampton say not to worry as the longer the stay remains the harder it will be to prove??

 

Thank You

[AndyOrch]

Leave it stayed...there is no CCJ as yet unless they proceed and request judgment.(which they would have by now)

 

Regards

 

Andy

[wickerman14]

Thanks Andy will do. Just wish I could get something out of them, for the persistent aggravation and worry this has caused.

[wickerman14]

Hello,

I started a thread a couple of weeks ago regarding Mortimer Clarke issuing proceedings against me which I defended and had heard nothing since August 2013. I rang the Court and they told me this case was stayed. The advice given was to just leave it as stayed. I received a letter yesterday from Mortimer Clark stating as there client acquired the debt by way of an assignment it has taken time to obtain the documents required. They have now admitted the debt didn't belong to me but my wife, and are now asking me to sign a consent order to substitute the defendant to my wifes name. They have also sent a letter to my wife asking her to sign that she consents to becoming the defendant. What advice could you give me and also my wife?

 

Appreciate your time

[citizenB]

Will try and find someone to help.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?415852-Marlin-Europe-Court-Case

 

I have popped hte link to the original thread for reference

[wickerman14]

Thank you

[citizenB]

I am summarising what appears to have happened. Please correct if anything incorrect.

 

Claimant issues a claim against you, incorrectly as the debt is solely in your wife's name.

 

You enter a defence.

 

Claim is currently stayed.

 

Claimant's solicitors have now sent consent orders to both you and your wife asking that you both sign them.

 

The basis of this is that they want you both to agree that they, the claimant, can simply replace your wife as the defendant, yes ?

 

I would have thought the proper way to go about this would be for them to discontinue the claim - then reissue against your wife.

 

Aside from this, they do not appear to have paperwork to support "any" claim, which you presumably requested when the claim was first issued ?

[wickerman14]

They have sent my wife copies of the original agreement which I believe they have now realised the debt wasn't mine. although all correspondence was sent to me from various debt collectors and I presume sold on when I denied debt and asked for proof.

[wickerman14]

Should I ring these solicitors as they have placed a default file on Experian Mortimer Clarke are acting on behalf of Marlin Financial services or should I write to them?

[citizenB]

If they have trashed YOUR credit file, then you most certainly require that to be amended ? When did they start recording the debt in your name - has it affected your credit in anyway ?

 

I think in the circumstances, you require everything to be in writing .. just in case you need to take your own action against them.

[citizenB]

Reading your original thread, it would appear that your wife is actually making payments on this debt ?

 

Do you think you could please give us some more history on this.

 

Who was the original creditor - what type of balance is outstanding ? Was your wife in a repayment plan - with the original Creditor.

 

Is she still making payments to the account - when an account is assigned from the original creditor to the new owner, if htere is a payment plan in place, then it is my understanding they have to honour that arrangement. If you could provide as much information as possible, we might be able to help your wife with her defence !

[wickerman14]

I haven't tried for any credit but signed up for 1 month free trial to Experian and saw a default from Marlin. Should I write to Marlin to have this removed also the amount differs to the Court action

[wickerman14]

It appears when I asked my wife she has not been keeping up with any payments to the original creditor HSBC and as obviously heard nothing as they have been chasing me.

[AndyOrch]

Procedure for adding and substituting parties:-

 

CPR19.4

 

(1) The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served.

(2) An application for permission under paragraph (1) may be made by –

(a) an existing party; or

(b) a person who wishes to become a party.

(3) An application for an order under rule 19.2(4) (substitution of a new party where existing party’s interest or liability has passed) –

(a) may be made without notice; and

(b) must be supported by evidence.

(4) Nobody may be added or substituted as a claimant unless –

(a) he has given his consent in writing; and

(b) that consent has been filed with the court.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19

 

Regards

 

Andy

[citizenB]

It appears when I asked my wife she has not been keeping up with any payments to the original creditor HSBC and as obviously heard nothing as they have been chasing me.

 

Aha, righto

 

I still think that perhaps we need to have a little more information on this.

 

What type of debt - credit card or loan ?

Was there any charges or Payment Protection Insurance on the account (these can be reclaimed)

Why and when did she cease payments

Did she receive a Default Notice / Notice of Assignment / has she been receiving "notice of arrears" letters ?

 

The more information you provide to us, the more we can help

[citizenB]

Andyorch has responded to the original question above. It looks like the claimant needs to apply to the court to substitute your wife as defendant.

[AndyOrch]

It can be done by Consent...its as long as short...Consent £40 ...N244 application £45.Either way they need the defendants consent.

[citizenB]

It can be done by Consent...its as long as short...Consent £40 ...N244 application £45.Either way they need the defendants consent.

 

So there is no problem with OP and wife signing the consent forms and returning them ?

[AndyOrch]

So there is no problem with OP and wife signing the consent forms and returning them ?

 

Not a problem

[wickerman14]

Type of debt - credit card

amount of debt - on court claim form 2585.98 + costs

Default on Experian - 2826

I do not know what they are trying to claim from my wife as only correspondence is consent form which I assume would be the same.