tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Card)

[Amethyst]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

It is in the guide for the CPR 31.14 request ... post 3 onwards http://www.legalbeagles.info/forums/...ic-information

You have to do an N244application of which the draft unless order is a part

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

many thanks

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

OK, I've spoken to Marlin and Mortimer Clark again today and no update in terms of compliance with CCA or CPR requests. My deadline is Monday 19th to file defence.

MC have asked if they could send me a CONSENT ORDER to stay the proceedings. They will confirm in writing that no action will be taken. They have also informed me to make a offer to clear the monies based on the claim figure excluding interest (9K not 12K).

Seems to me that they are running out of options? Any guidance would be appreciated......

1. What is a consent order?
2. Am I shafting myself by signing it?
3. Should I just crack on with my unless order?
4. If I could find a way of clearing the amount what should I offer?
5. Any other options?

I am really nervous about this as its getting to crunch time.....

Thanks again all for your help.

Regards

[Amethyst]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

OK, I've spoken to Marlin and Mortimer Clark again today and no update in terms of compliance with CCA or CPR requests. My deadline is Monday 19th to file defence.

MC have asked if they could send me a CONSENT ORDER to stay the proceedings. They will confirm in writing that no action will be taken. They have also informed me to make a offer to clear the monies based on the claim figure excluding interest (9K not 12K).

Seems to me that they are running out of options? Any guidance would be appreciated......

1. What is a consent order?
2. Am I shafting myself by signing it?
3. Should I just crack on with my unless order?
4. If I could find a way of clearing the amount what should I offer?
5. Any other options?

I am really nervous about this as its getting to crunch time.....

Thanks again all for your help.

Regards

In my view they are trying it on counting on you being worried about court proceedings. It is of course entirely up to you and depends on what you feel you actually do owe and what you could afford. You are in quite a strong position and I would suspect half would be more than adequate to make them bog off. However, as things stand they are unable to enforce the debt as they have not complied with the consumer credit act in sending you a copy of your agreement.

If they send you the consent order post it up here for checking before signing anything. Personally I would say no and crack on with the unless order because they should NOT have bought a claim without having any documents or evidence on which to rely and if the court agrees with you their claim could be struck out - also chivvys them up in supplying documents if there are any and doesn't keep you in limbo for months and months enabling them to pick up at any point they fancy in the future,

However, they could come up with the relevant documents and they could be enforceable - and at that point you would want to be negotiating but risk having a CCJ against you, so it has to be what is important to you, avoiding the CCJ or ensuring Marlin actually have the right to claim this debt from you.

A consent order is basically a document lodged with the court saying both parties have agreed to keep the case on hold indefinately while they fart about getting documents together.

See what others think as well though.

[mystery1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

It's a game of chess. It suggests to me they are in trouble. Perhaps that's wrong.

Do you feel lucky punk, well do ya ?

M1

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

Here's the letter and consent order they sent me.

Any thoughts?

[tigerwz1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

Am I in any immediate (as in by Monday 19th) to sign this order given they have said they will not pursue until they 'find' the agreement?

Also, would you send the letter to the Court by way of update to my file???

Many thanks

Paul

[Amethyst]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

They should have had the paperwork BEFORE bringing a court claim against you. And it is NOT a consent order based upon the parties agreeing terms of settlement at all - so that needs changing regardless.

As M1 so succinctly put's it - 'it's a game of chess'.

I don't think it is fair, or would be considered fair by the court, that the claimant brought the claim without any evidence/documents and expects you to agree to an indeterminate stay.

You could try use it to your advantage and go back to them with an alternative consent order - on the same terms as your draft order application - save you the application fee, and them repaying you those costs later.

1: The proceedings be adjourned until 30th June 2014

2: The Claimant will provide the Defendant with X,Y,Z before 19th June 2014

3: Should the Claimant fail to provide the Defendant with X,Y,Z before 19th June 2014 the Claimant will withdraw the claim on or before 25th June 2014.

3. There be no order as to costs



Just as a vague idea anyway...What do you reckon Mystery1?

[mystery1]

Re: tigerwz1 v Marlin Capital Europe Limited / Mortimer Clark Solicitors / Egg (B'Car

Not a bad idea at all as long as they pay for the order.

It's understandable that you're worried but they are playing on that and trying to get you to sign the order is quite a low move by them. I would advise not to agree to what they want but it's up to you and i do not know your circumstances.

M1