Help with claim from Marlin Europe/Mortimer Clarke

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

1. Agreement / Contact Is this supposed to be contract? Not contact as in the template letter?
2. Default Notice
3. Assignment
4. Formal Demand

[FlamingParrot]

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.

For the CPR 31.14 request, you normally give them 7 days. :thumb:

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

1. Agreement / Contact Is this supposed to be contract? Not contact as in the template letter?
2. Default Notice
3. Assignment
4. Formal Demand

Indeed it is! Well spotted! :grin:

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

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).

But I would post to the solicitors Mortimer Clarke?

Sorry I like to make sure I have got the right end of the stick, I get confused sometimes and look very silly..

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

But I would post to the solicitors Mortimer Clarke?

Sorry I like to make sure I have got the right end of the stick, I get confused sometimes and look very silly..

It can all get a bit confusing!

The claim form will have two boxes on the top left, the first one would be the claimant's details, the second one down will be labelled: 'Address for sending documents and payments'. Presumably that one has the solicitors' (Mortimer Clarke) details. This is where you'd send the CPR letters.

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Excellent, thank you for your help. I will shut down now and give my poor brain a rest and continue my fight tomorrow.

I just hope none of this makes the situation worse!!! I often manage to do so...

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Excellent, thank you for your help. I will shut down now and give my poor brain a rest and continue my fight tomorrow.

Good idea, have a good night's sleep!

I just hope none of this makes the situation worse!!! I often manage to do so...

Nope! It won't make it worse, you're just following procedure to obtain as much info and documents as you can.

You have acknowledged service, haven't you? :typing:

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Good idea, have a good night's sleep!

Nope! It won't make it worse, you're just following procedure to obtain as much info and documents as you can.

You have acknowledged service, haven't you? :typing:

Not yet, I have another 10 days yet.

Just found out I may have made a payment in Jun2008..... ARGHHHHHHHH

Although if I play the game for long enough will this become SB'd? Is it worth still sending the Part 18 and fighting this? There is still the CCA that was signed back in 2001/02.....

[Amethyst]

Re: Help with claim from Marlin Europe/Mortimer Clarke

I wouldn't worry too much about the payment, if it isn't statute barred the claimants should still send you all the documents they are relying on to bring the claim, and the credit agreement, to go forwards. You need to get the claim acknowledged so do that so it is out of the way and you can concentrate on getting the info and seeing if there is any defence or whether you'll need to try and negotiate instalment payments with them. I'd still definitely send the letters as FlamingParrot recommended last night.


Ah and on the stringing it out till June, unfortunatley once a court claim is issued that stops the effect of the limitation act, if they bring the claim AFTER the debt is stat barred it stays stat barred and that would be a defence, however if there was a payment in June, then they have bought the claim within the time limits.

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Trying to do the online Acknowledgement if Service, but what box do i tick? Its asking me if I either defending alll of claim or just part? Not sure yet as I need to see the docs first. No point in defending if they have me by the short and curlies...

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Trying to do the online Acknowledgement if Service, but what box do i tick? Its asking me if I either defending alll of claim or just part?

Defending ALL, otherwise you'll get a CCJ for the part you admit. :scared: :scared:

Not sure yet as I need to see the docs first. No point in defending if they have me by the short and curlies...

All in due course, remember you can always make an offer to settle later on should you decide to do so, this is only the beginning. For now you need to say you will defend the entire claim. :thumb:

[Pat78]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Its is asking me about contesting jurisdiction?

[FlamingParrot]

Re: Help with claim from Marlin Europe/Mortimer Clarke

Its is asking me about contesting jurisdiction?

No, you don't need to contest jurisdiction.