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Mortimer Clarke solicitors debt Advice Please

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  • Mortimer Clarke solicitors debt Advice Please

    I took out a Yorkshire Bank Loan in 2004 for £5000. After a divorce and hardship, I found myself unable to pay. I contacted a debt management company who agreed with them for me to make minimal payment of around £20 per month.

    The debt management company stopped taking my payments in 2015, I did not hear anything further. I seem to recall I received a CCJ for this, but cannot find any evidence as it was over 6 years ago. Mortimer Clarke solicitors acting for Marlin Europe 1 Limited, contacted me on numerous occassions, I then received a court order for CCJ, which I disputed and asked for documentation.

    They placed the account on hold. I have today received from Mortimer Clarke a letter which does contact the original Yorkshire Bank documentation from 2004 with statements showing my payments through debt management company up to 15/05/2015.

    They wording now states

    Our client liased with the original creditor in regards to your assertion that a previous County Court Judgment was obtained.

    Our client received a response from the vendor confirming that they have no records of any previous litigation. Furthermore, the agreement, was taken out on 28/04/2004 and did not terminate until 11/04/2009.

    Our clients position is that it would not be possible to obtain a County Court Judgment for the Agreement in 2004. Our client would say that you were aware of the outstanding balance when it was assigned to our client.

    The statement of account from our firm evidences that you may payment through a debt management company and these payments stopped in 2015. Our client's position is that you are liable for the outstanding balance.

    The Way forward - It is not clear what your defence to this agreement is, we ask that you set out the precised legal basis of any defence within 14 days.

    Alternatively, our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repyment proposals to address the outstanding balance.

    Payment can be made through reasonable and affordable monthly repayments. Our client will not ask you to pay more than you can afford. We ask that this form is returned to us within 14 days, along with your offer of paymen
    I am not in any better financial situation than I was in 2009, if anything worse. I am a homeowner. I am really worried as to what to do now, can anyone offer suggestions please.

    Many Thanks
    Tags: None

  • #2
    Do you know why the Debt Management company stopped taking the payments / making the payments for this debt in 2015 ?

    Any idea who the judgment might have been obtained by? who were the £20 a month payments through the debt management company going to ? was that Yorkshire Bank or a debt agency ?

    The original documents provided includes the loan agreement ?
    #staysafestayhome

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

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