Mortimer clarke solicitors marlin dept recovery claim northhampton

[pault52]

Marlin Europe limited Mortimer Clark solicitors county court claim issued

Hi, Another letter arrived Today but dated 12 03 14 ?

original account xxxxxxxx marks and Spencer loan

agreement date 01 -07 - 1998 unsecured loan original agreement term months ? ?

amount of credit provided to you £0.00 ? ?

statement of account covering 20 02 13 £477.91
to 11 03 14

this is what they have sent a court order for
which i am disputing

[Amethyst]

Re: Marlin Europe limited Mortimer Clark solicitors county court claim issued

Ahhh they've got themselves together, possibly off the back of your defence. If you can post up the defence you entered it would help in sorting out the next steps for you.

And email me the docs you received asap as we may need to amend.

[pault52]

Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

On 23 /April /2014 6867 9810 0719 I received the Claim Form in this case issued by you out of the Northampton County Court.


I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:


The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be ae case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.


You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.


Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.


If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.


If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.


Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.


I do hope this will not be necessary and look forward to hearing from you.


Yours faithfully

[pault52]

Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

also my defence i neither confirm or deny this this debt i have sent a sar request to m and s £10 i don't know the loan amount how long the loan term was i know a long time back i had ccj and default around 2002 i think

[pault52]

Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

they didn't have all the information

[Amethyst]

Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

Ok, what exactly have they sent you?

[pault52]

Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

still waiting for a reply from Mortimer's sent two one pound postal orders off on 24 April still nothing i sent a sar request to M and S for ten pounds regards paul

[pault52]

Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

still not heard a reply back should i send a sar off to Yorkshire?

the loan had order suspending warrant judgement in 2006 june 28th i had already defaulted on it

[pault52]

Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

Will.try with phone. Again

[pault52]

Marlin europe

We have received. Your defence we are taking clients. Intrusions to the issues raised in your defence and will get back to you. Mortimer Clark solicitors. What next still not had paper work. Through

[pault52]

Re: Marlin europe

Instructions. Should be. I have sent a sare off to m and s as this is from 2001

[FlamingParrot]

Re: Marlin europe

We have received. Your defence we are taking clients. Intrusions to the issues raised in your defence and will get back to you. Mortimer Clark solicitors. What next still not had paper work. Through

Does this relate to this other thread? http://www.legalbeagles.info/forums/...635#post432635

It's probably best to keep it all in one thread so we can see the whole picture and get the full story.

Instructions. Should be. I have sent a sare off to m and s as this is from 2001

Most companies only send data for the past 6 years in response to a SAR, you'll be very lucky to get anything from as far back as 2001.

[pault52]

Re: Marlin europe

yes sorry was using tablet and it would scroll to page link thanks paul.

[pault52]

Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

We have received. Your defence we are taking clients. Intrusions to the issues raised in your defence and will get back to you. Mortimer Clark solicitors. What next still not had paper work. Through ? ?

[pault52]

Re: Mortimer clarke solicitors marlin dept recovery claim northhampton

do i have to wait or file a defence ?