Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

**tink01** · 3rd May 2014, 22:18:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

Silly me! I didn't see the guidance offered at the top of the forum.

I have now filed my AOS of my intention to defend in full. I will send my CPR and CCA requests first thing on Tues morning by recorded delivery.

I will then let you know when I have done this...

Thanks!

**Amethyst** · 3rd May 2014, 22:26:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

Sounds like you are getting the right bits done in the CPR and CCA request.

Were your self managed DMP payment proposals accepted by Marlins prior to defaulting on them? Had they agreed to halt interest/charges etc?
Presumably the loan is unsecured?
''recently stood at £4400 according to paperwork from Marlin.'' was that an annual statement or chaser letter? how long ago was that?

Would you be able to type out the full particulars of claim pls.

**tink01** · 3rd May 2014, 22:50:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

By an agreement between Northern Rock (asset management) PLC (NOR) and the defendant on or around 15/08/2005 ("the agreement") NOR agreed to loan to the Defendant monies under the terms and conditions set out therein. In breach of the Agreement, the Defendant did not pay the installments as they fell due and the Agreement was terminated. The Agreement was assigned to the Claimant on 28.10.2013.

THE CLAIMANT THEREFORE CLAIMS

1. 4406.13
2. Interest pursuant to section 69 of the County Courts Act 1984, namely 938.66 & continuing the Judgment or sooner payment at the rate of 0.97

£4400 was sent in a letter in Feb. Yes, the loan is unsecured. I did make offers to all creditors but cannot find letter accepting that one. I did not pay anything to them after offer was made in Feb.

**Amethyst** · 3rd May 2014, 22:56:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

Lovely - add the Terms and Conditions, Agreement, Termination Notice, Statement of account and Assignment, into your CPR letter, may as well keep Default Notice in although they have only mentioned Termination so they don't have to supply it under the CPR.

CCA request will be most useful I think being a 2005 loan.

**tink01** · 3rd May 2014, 23:02:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

Will get to it! Thank you again.

**tink01** · 14th May 2014, 16:04:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

Received the following from Mortimer Clarke in reply to CPR request....

We refer to the above matter and your letter dated 7th May, received 9th May,

Please find enclosed a copy of the Notice of Assignment, toegther with a letter from Northern Rock advising of the same.

We are taking our clients instructions in relation to the remainder of your defence and will get back to you as soon as we can

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement

Yours faithfully

:tinysmile_twink_t2:
Could any nice person advise me of next step. Do I write to or email the court?

Thanks in advance

**Amethyst** · 14th May 2014, 16:09:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

Aww that's nice of them :doggieyes:

Email is usually sufficient for an extension - attach a copy of the claimants letter to it, and pop the claim reference in the subject header.

**tink01** · 14th May 2014, 16:16:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

Thank you for your reply. Do they tend to find paperwork? Ideally I would to delay any court case until August so I can get a F&F settlement without getting a CCJ and loads of court costs.

At this stage, do creditors tend to be open to offers? :doggieyes:

**Amethyst** · 14th May 2014, 16:26:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

Its unlikely they will come up with your documents within the extension period which will put you in a half decent position of applying to the court to force their compliance with the CPR and/or entering a defence on unenforceability due to non compliance with the CCA. It could extend things into beginning of August possibly and you'd be in quite a strong position to negotiate a lower full and final offer if you didn't feel you wanted to fully defend and risk a potential CCJ.

Basically it's difficult to say exactly what will happen as every case is different, some get the paperwork, some don't, some judges are arses and some are lovely, so we have to take it as it comes and make decisions based on the situation at the time.

**Celestine** · 14th May 2014, 17:45:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

I'm dealing with a similar claim currently from Mortimer Clarke. They CANNOT charge s.69 County Court interest on Consumer Credit debts.

Only Mortimer Clarke appear to be doing this.

Off to dig up helpful links....back shortly.

**Celestine** · 15th May 2014, 12:02:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

http://www.legislation.gov.uk/uksi/1...article/2/made

The County Courts (Interest on Judgment Debts) Order 1991

The general rule

2. (1) Subject to the following provisions of this Order, every judgmentdebt under a relevant judgment shall, to the extent that it remainsunsatisfied, carry interest under this Order from the date on which therelevant judgment was given.

(2) In the case of a judgment or order for the payment of a judgmentdebt, other than costs, the amount of which has to be determined at alater date, the judgment debt shall carry interest from that later date.

(3) Interest shall not be payable under this Order where the relevant judgment—

(a)is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974(1);

**Guest** · 15th May 2014, 18:20:PM

Re: Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan

In addition if the judgment was made after April 2008 then no post judgment interest can be charged before the issuance of a section 130a notice, the interest would only accumulate from the time when this notice was issued and could not be charged for any period before. Any interest accrued would have to be claimed separately to the judgment sum and could not be included within the original judgment.
There would also have to be the facility to charge post judgment interest within the agreement and also the default notice.
http://www.legislation.gov.uk/ukpga/2006/14/section/17

Received Claim Form from Marlin / Mortimer Clarke on old NRAM loan