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Mortimer clarke solicitors marlin dept recovery claim northhampton

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  • Mortimer clarke solicitors marlin dept recovery claim northhampton

    Hi need help ASAP had a county court claim from the above Dated 17 -April 2014
    particulars of claim
    by a agreement between Marks & Spencer financial services plc & and the defendant on or around 01/07/1998 ? m&s agreed to loan the defendant monies under the terms & conditions the Defendant did not pay instalments as they fell and the agreement terminated

    the agreement was was assigned to the claimant on 15/02/2013
    the claimant therefore claims £477.91 interest pursuant to section 69 of the county courts act 1984 namely £460 .89 and continuing until judgement amount claimed £938.80 court fee 55 solicitors-cost £ 70

    i remember taking out this loan in 1998 but don't even remember the amount in total that it was or loan number and i sure i default and ccj for it in 2001 what do i do ?
    thanks paul
    t
    how do i contest this
    Tags: None

  • #2
    Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

    Sounds to me as though it would be well statute barred - the cause of action was over 6 years ago and you haven;t acknowledged or made a payment in that time at all since what 2001? If you did have a default in 2001 it would have fallen off your credit file by now so worth having a look on there to see if anything new has been added since Marlins took it over.

    I think you would be quite safe to put in a simple Statute Barred defence in response.

    You should still ask for a copy of the original agreement under the consumer credit act http://www.legalbeagles.info/forums/...y-of-Agreement but I don't think you need get any more involved than that.

    So defence might be something like

    It is admitted that the Defendant had a loan agreement with Marks and Spencers from around 1998 which terminated in 2001. There has been no contact regarding this loan within at least the last six years and accordingly the debt is statute barred by virtue of Section 5 of the Limitation Act 1980. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind, in denied.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

      thank you no loan ref was attached to it and no default no ccj on credit file or default were did they get it from ? they don't even know they exact date do i need to ask them for original paper work from m and s ? thanks paul

      Comment


      • #4
        Defense and counter claim n9b court Claim to county court ? what do i put in it

        it is admitted that the Defendant had a loan agreement with Marks and Spencer from around 1998 which terminated in 2001. There has been no contact regarding this loan within at least the last six years and accordingly the debt is statute barred by virtue of Section 5 of the Limitation Act 1980. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind, in denied.


        there is no details when this defaulted or when it was wrote off i don't even remember the total loan amount

        has any one done this defense before the loan was taken out in 1998 16 years ago

        Mortimer clark are chasing it

        Comment


        • #5
          Re: Defense and counter claim n9b court Claim to county court ? what do i put i

          You're not counterclaiming. Do you want me to merge this to your main thread or are you just gauging other opinion on the SB defence?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Defense and counter claim n9b court Claim to county court ? what do i put i

            will post reply off Friday court claim dated 17 April

            Comment


            • #7
              Re: Defense and counter claim n9b court Claim to county court ? what do i put i

              Originally posted by Amethyst View Post
              You're not counterclaiming. Do you want me to merge this to your main thread or are you just gauging other opinion on the SB defence?
              i want to send the form of to court the defence how to fill form in

              ie do you dispute this claim because i have already paid it ?

              Comment


              • #8
                Re: Defense and counter claim n9b court Claim to county court ? what do i put i

                N9B

                1. Tick - I dispute the full amount claimed as shown on the claim form.

                2. Tick - NO

                3. Write your defence in there.

                4. Leave blank

                5. Sign / Date etc
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Defense and counter claim n9b court Claim to county court ? what do i put i

                  thank you will post off with you reply over the debt thank you so much
                  i have sent two letters off to marlin and mortimer with one pound postal order for details of my credit agreement with m and s

                  Comment


                  • #10
                    Re: Defense and counter claim n9b court Claim to county court ? what do i put i

                    no probs, I'll merge your threads so everythings kept together.

                    Let us know when you hear back - the claimants basically have 28 days to decide whether they wish to continue, then if they do, you will receive a directions questionnaire from the court to transfer the claim to your local hearing centre.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Marlin financial services old debt surfaced yorkshire bank ? ?

                      Received a letter today from Marlin because i have a county court claim against me for Marks and Spencer this is what they sent back

                      creditor MCE PORTFOLIO LIMITED

                      ORIGINAL CREDITOR CLYDESDALE BANK PLC TA YORKSHIRE BANK

                      ORIGINAL REF XXXXXX

                      We write to confirm your letter received in our office on 24 April 2014 and confirm we do not hold all your information on file

                      we have requested a copy of the agreement from the original creditor Clydesdale bank plc ta Yorkshire bank and we will forward to you on receipt
                      please find copy of your original statement of account from ORIGINAL CREDITOR along with a copy of your Marlin financial services account ?

                      they have shown me payments going to Jeremy Sutcliffe was in debt plan DCM APEX

                      looking at the sheet a number showing 100408 write off abandon large 3566.66

                      then a payment date 30/09/2009 help marlin ref xxxxx

                      i know i had a ccj and default against this when i checked my credit file 3 years ago now clean

                      thanks paul

                      Comment


                      • #12
                        Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

                        Well that's confused me.

                        Any chance you can scan / photograph the letter (cover up your address/account number).

                        The claim is for a debt of around £500 for a M&S Loan.


                        The CLydesdale account was 'written off' at £3.5k.

                        So if they are the same? I'm sure you'd recall paying £3k off of it.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

                          yes they should have sent the marks and Spencer one

                          i found Avery mouldy order suspending warrant judgement for this dated the paper work is so rotten i can barely make it out dated 28th june 206 and he court being satisfied that the defendant mr x is unable o pay and discharge the sum payable him Liverpool county court had the case no xxx warrant no but no claimants ref of defendant ref

                          i can make out at bottom n41 saying payments £20 a month

                          will scan the paper work later for you borrowing a camera phone to use

                          Comment


                          • #14
                            Re: Marlin financial services old debt surfaced yorkshire bank ? ?

                            the have the Yorkshire and Clydesdale bank £3500
                            and Marks and Spencer

                            yes its confusing thank you so much for your help Paul

                            Comment


                            • #15
                              Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

                              hiow do i attach files

                              Comment

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