Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

[nemesis45]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

It would appear that those who "reconstituted" the " agreement " have used a Previous Address so it is relevant that the OP was not resident there at the time of signing (IMO)

[Amethyst]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

I think what M1 means is if Pat was residing in Birmingham but put Parent's address in London on the application then it would be the London address on the copy, as it is what was on the original - ie. it matters not where Pat resided, it matters what was entered in the application / on the original credit agreement.

[nemesis45]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Then perhaps post 55# is misleading.

[nemesis45]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Then post 55 is misleading, it would be logical to believe that Pat would notice that a " previous address" had been used at the time the time of signing the agreement?

[mystery1]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

A true copy has to reflect what was on the original. No more, no less. ( when i say no less, i mean apart from signature which is allowed to be omitted by statute)

If there is an error on the original then it must be reproduced on a true copy or it isn't a true copy.

M1

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Regarding the address issue. The address on the form is my mothers, I was there previous to the agreement and then moved back again in 2004. Good old mother....

The statements they sent me along with the supposed cca, only date back to 2007 and have mothers address on them, which was correct at that time. Interestingly they do not have any transactions on them, only a balance. The card had not been used on any of them. I cannot see how the debt was accrued.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

This is from 2002, 12 years ago and I don't remember all the details. I remember feeling very pressured into signing up for it and couldn't wait to get out of there, he kept on and on with the hard sell.

Without wanting to get any sympathy, I was in an abusive relationship and I was quite a nervous person who was easily pushed into things. I felt intimidated and was already in there under instruction to get a loan out for my ex to buy a car. The guy could have put down my address as the ruddy moon and I likely wouldn't have noticed and just signed it to get out of there, this being said I know that I was definitely not living at the address that is on the copy I have been sent, I had previously lived at that address in 2001 and it is also the last address that Lloyds had on record for me, from 2004, earliest, onwards, till mid 2010. Until recently, neither Lloyds or Mortimer had had the address I live at currently and have done for 5 years.

[Pat78]

Re: Pat78 vs Mortimer Clarke/Marlin/Lloyds TSB

Sorry to drag this up again, but it would seem they have not lifted the stay (according the the Gov Gateway site). This debt would potentially be SB in a years time (if it is a geniune debt, as I do not admit to it), now I can have this thrown out still purely for the fact that it has not been signed by a solicitor(just Mortimer Clark solicitors), let alone the CCA they magically produced is dubious at best.

Do I leave this stayed untill it is close to the SB date, then ask for it to be struck out? Leave it indefinately? or Ask for it to be struck out now?

If they manage to get this debt enforced then I need to look at a DRO or IVA, and seeing as my partner is looking at either Bankrupcy or a potential IVA, it would be best to lump them in together, although if he could hang on till October he would be able to go for a DRO which would be better, as his debt totals to 19k.