Help with claim from Marlin Europe/Mortimer Clarke

[Pat78]

Hello, and thank you for taking the time to read this.

I am a bit of a numpty and struggle with a form of dyslexia, so please bear with me and my awful gramma and spelling.

I have received a Claim form from Marlin Europe Ltd from the usual bulk court business centre in Northampton.

These are the Particulars of Claim:
By and agreement between Lloyds TSB ("LTSB") & the Defendant on or around 07/08/2002
("the Agreement") LTSB agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claiment on 28/11/2013.
THE CLAIMENT THEREFORE CLAIMS:
1. 7457.99
2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2080.85 & continuing until Judgement or sooner payment at the rate of 1.63.


Now I could sit here bleating on about how crap my life has been and the extreme, at times, poverty I have been in over the last bloody decade, but this is by the by. The situation is that I dont even earn this a year and I am poor.

I think this might even be statuate barred in any case as I dont remember the last time I have had any contact with them. But I can't prove this till I can get to the bank in the next town tomorrow to investigate into an old bank account I had with my ex. Even so it must be bloody close to being so.

Where do I stand with this claim? I have never heard of these people till now and have no record of them ever trying to reach me or Lloyds informing me of these people? Surely this particulars is rather vague anyway?

Many thanks

[pault52]

Re: Help with claim from Marlin Europe/Mortimer Clarke

no worries you will get a reply back by forum users you can check your credit file for free from noodle or pay experian two pounds to check credit file was the debt in your name ? or joint ?

[pault52]

Re: Help with claim from Marlin Europe/Mortimer Clarke

http://www.legalbeagles.info/forums/...y-of-Agreement

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Its is in my name only, unfortunately, seeing as it is mostly the ex's debt (stupid me).

I have drafted a CCA letter, but I am not sure what to use as a reference. I was going to use the claim number and the number under the Solicitors address and telephone number on the claim form. Is this ok?

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Also what do I say for a defence on the form? Its not that I necessarily deny the debt, its more about making sure these people are in the right, which I dont think they are, I think it is a scam tbh....

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

no worries you will get a reply back by forum users you can check your credit file for free from noodle or pay experian two pounds to check credit file was the debt in your name ? or joint ?

Credit cards not joint, they are issued in a sole name. You can request additional cards but you're still solely responsible for the debt.

Credit files do not provide an accurate indication of SBd status since defaults are not always recorded when they should be, and people often make payments years after default, resetting the clock.

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Its is in my name only, unfortunately, seeing as it is mostly the ex's debt (stupid me).

You are not stupid, :nono:, as above, additional cardholders are not responsible for the debt, as a lot of people have learned the hard way.

I have drafted a CCA letter, but I am not sure what to use as a reference. I was going to use the claim number and the number under the Solicitors address and telephone number on the claim form. Is this ok?

The CCA request relates to your credit card, not the claim, so the reference to use is whatever number Marlin use to refer to your account, which may or may not be the same as your credit card number. If you use the claim number they'll argue they don't recognise the account.

The CCA request should be sent directly to Marlin - they are the creditor, not the solicitors - although you could send a copy to the solicitors if you wish. Mortimer Clarke are in-house anyway, but it's best to keep it simple, as the left hand doesn't always talk to the right hand in those outfits.

The letter should be sent recorded delivery so you can track it. :typing: They should respond in 14 days. Non-compliance can be used in your defence. :thumb:

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Also what do I say for a defence on the form? Its not that I necessarily deny the debt, its more about making sure these people are in the right, which I dont think they are, I think it is a scam tbh....

You don't have to submit a defence just yet, just acknowledge service online and tick the box stating your intention to defend the claim in full. :typing:

You have 14 days (+5 allowed for service) from the date on the claim to acknowledge, that should give you a further 14 days to submit a defence. :clock:

You say you don't deny the debt, yet you say you think it's a scam. :noidea: :confused2:

Is it because you dispute the amount claimed? Or because you think it may be Statute barred? If so, you could send a Part 18 request for information, asking them to provide you with details of the last payment made.

You also need to send a CPR 31.14 request to Mortimer Clarke as noted here: http://www.legalbeagles.info/forums/...382#post410382

They should respond with the documents in 7 days, otherwise you can ask them to agree to an extension of up to 28 days to submit your defence. :thumb:

The letter should be sent recorded delivery so you can track it. :typing:

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Below is an example Part 18 request for information I posted on another thread where they also thought the debt may be statute barred. :thumb:

As with all documents, it should be sent recorded delivery. This goes to the solicitors Mortimer Clarke.

IN THE XXX county court

CLAIM NO:
BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant)

Please provide me with the following:

1. Statements of account showing the date of the last payment made into this current account.

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.

Yours sincerely,

XXXX

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Sorry when I say I think it is a scam, I mean I think They are trying out their luck with it, as per the vague date, and I'm pretty sure I took it out much earlier than the date given, possibly the previous year.

I think it might well be statute barred, and also I think to add on that much interest is disgusting and totally unfair, surely I have no contract with them, its more than the original credit card interest for heavens sake.

Just to make sure I am clear..

I need to send the CCA to Marlins and the CPR to Mortimer clarke solicitors?

Also I was wondering if I have any chance at it being unenforceable due to the fact that I did not have a specified amount given at contract signing?

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

IN THE XXX county court What goes here?

CLAIM NO:
BETWEEN:

XXXXXXXXXX

Claimant

and
XXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant) Mortimer or Marlin?

Please provide me with the following:

1. Statements of account showing the date of the last payment made into this current account.

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.

Yours sincerely,

XXXX

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Sorry when I say I think it is a scam, I mean I think They are trying out their luck with it, as per the vague date, and I'm pretty sure I took it out much earlier than the date given, possibly the previous year.

Marlin wouldn't have the exact dates, since they buy debts in bulk without paperwork.

I think it might well be statute barred, and also I think to add on that much interest is disgusting and totally unfair, surely I have no contract with them, its more than the original credit card interest for heavens sake.

Statute barred is an absolute defence. If you submit SBd as your defence, the onus would be on the claimant to PROVE otherwise, such as by showing payments were made in the last 6 years.

Just to make sure I am clear..

I need to send the CCA to Marlins and the CPR to Mortimer clarke solicitors?

That's correct! :thumb:

Also I was wondering if I have any chance at it being unenforceable due to the fact that I did not have a specified amount given at contract signing?

The prescribed terms are set out in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983. For a credit card:

Credit limit
3. Agreements for running-account credit:
A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.

However, if it's SBd, that's a much stronger defence, it's an absolute defence. :grin:

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Sorry to be a pain but, what date would I put here?

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Fingers crossed then for SB'd then!! Will go into bank tomorrow and find out on old account......

Thank you very much for giving me your time on this.

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

IN THE XXX county court What goes here?

CLAIM NO:
BETWEEN:

XXXXXXXXXX

Claimant

and
XXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant) Mortimer or Marlin?

Please provide me with the following:

1. Statements of account showing the date of the last payment made into this current account.

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.

Yours sincerely,

XXXX

The County Court would be as written on the top right of your claim form, the Northampton County Court Bulk Centre.

The Claimant would be Marlin whatever they call themselves on the claim form (i.e. Marlin Europe Ltd).