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Hi All,
This is my first post and apologies if I have missed where to start. I would hope somebody can help me out with the issue I am. I will explain in detail below:
On Saturday morning I picked up a letter from my Letting Agent from my old property which was a Claim Form from Northampton County Court Bulk Centre (Bear in mind I have had redirection set up since I left the property in December 2012 - Thanks Royal Mail
) . The letter was dated 19th Feb 2014. The Claimant is ME III LIMITED and Mortimer Clarke Solicitors are dealing with this on their behalf.
The Particulars of Claim are as follows:
By a credit agreement in writing between Egg Banking plc ("CEGL ") & the Defendant dated 12/07/2004 ("the Agreement") CEGL agreed to loan the Defendant monies under the terms & conditions set out therein. The Agreement is regulated by the Consumer Credit Act 1974. In breach of the Agreement the Defendant did not pay the instalments as they fell due. CEGL served a Default Notice on the Defendant stating the sum due & requiring the Defendant to pay the same. The Defendant failed to pay & the Agreement was terminated. The Agreement was assigned to the Claimant on 12/03/2013.
The Claimant has complied with Sections III & IV of Practice Direction - Pre-Action Conduct
THE CLAIMANT THEREFORE CLAIMS:
1. 4890.93
2. Interest pursuant to section 69 of the County Courts Act 1984, namely 3509.95 & continuing until Judgment or sooner payment at the ration of 1.07.
Now for a bit of background and what I have done so far. The debt has been passed around the houses since 2007, first ARC Credit Management then Moorcroft Debt Recovery Limited and then to Fredrickson International Limited. Now as far as I was aware the debt still belonged to Fredrickson International Limited who have been dealing with the account since 2010. I agreed a payment plan with them and since that date have made monthly payments to the account without once defaulting.
So today I called Fredrickson (By the way I had given them my new address in December 2012 - This was also accepted as security questions on the call) to discuss why I received the claim form from Northampton Court and they told me the debt was taken from them in March 2013 and was given to Arrow Global and that my direct debit had been cancelled with them since this date. I then went on to explain I had no correspondence from them with regards to firstly the debt being transferred nor the cancellation of the direct debit (I hadn't noticed that the direct debit had been cancelled - stupid I know
)
They said as they where no longer dealing with the account they could not help me any further. They did however give me the details of Arrow Global. So I then called Arrow Global to find out what was going on, firstly they had no record of my new address only the old one (obviously Fredrickson didn't pass the new details on) they said the debt had been SOLD to Marlin Financial Services however they did not have any details of Marlin for me too call them about it.
So this is where I am now at, I have received ZERO correspondence from Marlin nor Mortimer Clarke Solicitors, if anything has been sent its either lost in the Royal Mail sorting office or has been binned by the tenants.
So guys how do I take this forward? I certainly do NOT want a CCJ on my file its taken me 6 years to get a good credit rating back. It says on the letter I must respond within 14 days and I have already lost 3 days. What worries me the most is if my tenants hadn't passed this letter on to the letting agent I would never have received it and this would have gone on without me ever knowing.
Now from reading through I need to at least submit ACKNOWLEDGEMENT OF SERVICE probably via the online portal, thus giving me a further 14 days to provide a defence claim.
Submitting my defence is where I am a little confused as how to proceed. As I have received no letters at all from Mortimer Clarke or Marlin should I request for information? Send them a series of letters? Either way I agree I owe £4890.93 but I definitely do NOT want to pay the interest charged on top as that was not in my agreement, whether they say I defaulted on it or not. If I am was not getting their letters surely they would have to provide proof of postage? Or at least receipt of those letters?
Any advice or more information you need please let me know. I really appreciate everyone's time in reading this.
Regards,
Mark
This is my first post and apologies if I have missed where to start. I would hope somebody can help me out with the issue I am. I will explain in detail below:
On Saturday morning I picked up a letter from my Letting Agent from my old property which was a Claim Form from Northampton County Court Bulk Centre (Bear in mind I have had redirection set up since I left the property in December 2012 - Thanks Royal Mail
) . The letter was dated 19th Feb 2014. The Claimant is ME III LIMITED and Mortimer Clarke Solicitors are dealing with this on their behalf.The Particulars of Claim are as follows:
By a credit agreement in writing between Egg Banking plc ("CEGL ") & the Defendant dated 12/07/2004 ("the Agreement") CEGL agreed to loan the Defendant monies under the terms & conditions set out therein. The Agreement is regulated by the Consumer Credit Act 1974. In breach of the Agreement the Defendant did not pay the instalments as they fell due. CEGL served a Default Notice on the Defendant stating the sum due & requiring the Defendant to pay the same. The Defendant failed to pay & the Agreement was terminated. The Agreement was assigned to the Claimant on 12/03/2013.
The Claimant has complied with Sections III & IV of Practice Direction - Pre-Action Conduct
THE CLAIMANT THEREFORE CLAIMS:
1. 4890.93
2. Interest pursuant to section 69 of the County Courts Act 1984, namely 3509.95 & continuing until Judgment or sooner payment at the ration of 1.07.
Now for a bit of background and what I have done so far. The debt has been passed around the houses since 2007, first ARC Credit Management then Moorcroft Debt Recovery Limited and then to Fredrickson International Limited. Now as far as I was aware the debt still belonged to Fredrickson International Limited who have been dealing with the account since 2010. I agreed a payment plan with them and since that date have made monthly payments to the account without once defaulting.
So today I called Fredrickson (By the way I had given them my new address in December 2012 - This was also accepted as security questions on the call) to discuss why I received the claim form from Northampton Court and they told me the debt was taken from them in March 2013 and was given to Arrow Global and that my direct debit had been cancelled with them since this date. I then went on to explain I had no correspondence from them with regards to firstly the debt being transferred nor the cancellation of the direct debit (I hadn't noticed that the direct debit had been cancelled - stupid I know
)They said as they where no longer dealing with the account they could not help me any further. They did however give me the details of Arrow Global. So I then called Arrow Global to find out what was going on, firstly they had no record of my new address only the old one (obviously Fredrickson didn't pass the new details on) they said the debt had been SOLD to Marlin Financial Services however they did not have any details of Marlin for me too call them about it.
So this is where I am now at, I have received ZERO correspondence from Marlin nor Mortimer Clarke Solicitors, if anything has been sent its either lost in the Royal Mail sorting office or has been binned by the tenants.
So guys how do I take this forward? I certainly do NOT want a CCJ on my file its taken me 6 years to get a good credit rating back. It says on the letter I must respond within 14 days and I have already lost 3 days. What worries me the most is if my tenants hadn't passed this letter on to the letting agent I would never have received it and this would have gone on without me ever knowing.
Now from reading through I need to at least submit ACKNOWLEDGEMENT OF SERVICE probably via the online portal, thus giving me a further 14 days to provide a defence claim.
Submitting my defence is where I am a little confused as how to proceed. As I have received no letters at all from Mortimer Clarke or Marlin should I request for information? Send them a series of letters? Either way I agree I owe £4890.93 but I definitely do NOT want to pay the interest charged on top as that was not in my agreement, whether they say I defaulted on it or not. If I am was not getting their letters surely they would have to provide proof of postage? Or at least receipt of those letters?
Any advice or more information you need please let me know. I really appreciate everyone's time in reading this.
Regards,
Mark
Sorry we missed this earlier just having a read through xx
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