Court proceedings Marlin from mortimer clarke

[thered]

Hello

i have Been issued with a [FONT=Verdanacounty court claim from mortimer clarke regards Marlin, it is pre 2007 agreement and tbh i had a few loans in quick succession from Northern Rock who marlin are claiming for and i dont even know if its legitimate claim or they have mixed them all up, i do not deny having loans with them but i am unsure with this claim the more i look at it

1,For a start they have sent debt letters and copy of the CA, and the numbers are not the same agreement
2,The statements they have sent do not add up to the amount they claim
3,On every apr calculator i try on web the amount stated on the actual CA is incorrect
4,There is no terms on the CA or received with any of the loans i got from NR
5, No cancellation notice was ever sent even though the CA says it will be
6, No credit limit stipulated on the CA
7, Every loan i had from NR was missold RE. PPI, and paid compensation

I think its a balls up big time but i am after any legal advice please

I have enclosed the County court letter, the credit agreement and the terms they sent seperately and i 100% did not get these or the cancellation letter mentioned. The statements show debt written off in 2009 and the account number in all correspondance has 2 digits more than on the actual CA

All legal help appreciated, i am going to send a cpr31.14 and acknwledge service n Monday (hopefully) ty

[Wombats]

Re: Court proceedings Marlin from mortimer clarke

I'd suggest you contact Paul Tilley at Howlett Clarke Solicitors:

paultilley@howlettclarke.co.uk

tel:01273 327272

He is a site team member of this site.

[thered]

Re: Court proceedings Marlin from mortimer clarke

I'd suggest you contact Paul Tilley at Howlett Clarke Solicitors:

paultilley@howlettclarke.co.uk

tel:01273 3272

He is a site team member of this site.

i was looking for forum advice thanks.

I didnt get around to CPR31.14 request today but i plan t do it asap but i have a few days left. i just want to make sure i go the best way about everything

ty

[Wombats]

Re: Court proceedings Marlin from mortimer clarke

pt looks in every now and again, and if you're lucky he might read this thread. He is best placed to guide you here. Clearly if you don't even know if it's the right loan you need to find out. Do you realise it is common for the reference number to change when a debt is assigned? That might explain the numbers issue, but beyond that I'm afraid I don't do court.

Good luck! :beagle:

[thered]

Re: Court proceedings Marlin from mortimer clarke

pt looks in every now and again, and if you're lucky he might read this thread. He is best placed to guide you here. Clearly if you don't even know if it's the right loan you need to find out. Do you realise it is common for the reference number to change when a debt is assigned? That might explain the numbers issue, but beyond that I'm afraid I don't do court.

Good luck! :beagle:

Thanks they have their own reference number that is different, but this is you owe us mney from this agreement and we have a notice to assign it but its not the same

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke



Interest rate works out okay

It's a fixed sum LOAN agreement therefore does not need a credit limit - the loan amount is a bit odd though (ie you'd expect it to be £12k rather than £11955) - was it for something specific or has PPI been added in?

There is a whole page of terms - are there specific terms which are not included (eg any terms referred to in that page of terms and on the front page of the CA that you don't have?)

Did you pay £267.73 each month as per the statement of transactions?

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke

The terms are dated 10/05 yet the agreement was signed in 09/05 so there could be a question whether those are the terms you had at the time of signing the agreement.

[thered]

Re: Court proceedings Marlin from mortimer clarke

the loan calculators i used were coming in at 270ish to get it to 267.73 i had to change the apr.

Thanks i did not notice about the date on terms but I did not get any terms anyway, i had a few loans in quickfire succession with NR. All my loans were done with the same guy called Ben amd were pretty much all a quick rush job on a Saturday morning as i finished work and they were closing.

I can vaguely remember on my previous loan they made me take PPI or i couldnt have it, i wanted the money so i accepted it. It was pretty hefty too. He said i could change it after a while so i did, but then he said he had to put the APR up. I wanted the cash so accepted. All loans were missold on ppi even the ones with NR that did not even show it on the agreement. I think the APR hike was the actual PPI tbh.

Also yes the payments were all the same but starngely the payment statement they have sent out does not add up to the actual amount they are claiming.

The CA also mentions a cancellation notice will be sent out seperately and i can categrically 100% say this is not the case.

Not sure on the signatures on the CA either, the date looks like an addition its definately not my writing and as i said the loanee from NR was called Ben. Seems their side is not signed or dated but i dont know if its relevant or not. I am not convinced though its the actual document i signed. My sig is my own but it could of been lifted from other documents like phtoshop

[thered]

Re: Court proceedings Marlin from mortimer clarke

the loan calculators i used were coming in at 270ish to get it to 267.73 i had to change the apr.

Thanks i did not notice about the date on terms but I did not get any terms anyway, i had a few loans in quickfire succession with NR. All my loans were done with the same guy called Ben amd were pretty much all a quick rush job on a Saturday morning as i finished work and they were closing.

I can vaguely remember on my previous loan they made me take PPI or i couldnt have it, i wanted the money so i accepted it. It was pretty hefty too. He said i could change it after a while so i did, but then he said he had to put the APR up. I wanted the cash so accepted. All loans were missold on ppi even the ones with NR that did not even show it on the agreement. I think the APR hike was the actual PPI tbh.

Also yes the payments were all the same but starngely the payment statement they have sent out does not add up to the actual amount they are claiming.

The CA also mentions a cancellation notice will be sent out seperately and i can categrically 100% say this is not the case.

Not sure on the signatures on the CA either, the date looks like an addition its definately not my writing and as i said the loanee from NR was called Ben. Seems their side is not signed or dated but i dont know if its relevant or not. I am not convinced though its the actual document i signed. My sig is my own but it could of been lifted from other documents like photoshop

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke

Have you had a refund of missold PPI on this specific loan?

(as if PPI WAS included in this loan it could render the agreement unenforceable on those grounds)

[thered]

Re: Court proceedings Marlin from mortimer clarke

Hi just to add as i never noticed the date, is that definately the date? Could they argue its not? Regardless i did not get them and if it was the 10th of May i make that a Sunday and they closed at 12pm every Saturday. Not sure any bankers work Sunday

Also i took this off This is money, it comes in at £270 on mine. To get it near the amount paid i have to change APR to 8.43% instead of 8.9% whether its relevant i dont know . Thanks for the replies

[thered]

Re: Court proceedings Marlin from mortimer clarke

Have you had a refund of missold PPI on this specific loan?

(as if PPI WAS included in this loan it could render the agreement unenforceable on those grounds)

Yes they refunded PPI on all my NR loans, i had at least 3 possibly 4 in the space of 2-3 years around this time. Only one of the loans was actually stated that it had PPI on it as they said i had to to receive the loan. I got another after and said i didnt want the PPI and they put the APR up instead and said they had too if i didnt want PPI.

Only issue is i dont have the paperwork anymore, can i get it??

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke

For the interest rate you need to read Sternlight v Barclays

For not having had the terms at inception you need to read Harrison v Link Financial

On the date on the bottom of the terms page, it is a version number ( ie NR 0044) and then month/year ( 10/05 )

I believe they are allowed a misstate of 0.1% or something. Make sure you loan calculator is based on front loaded interest as the agreement is front loaded.

THE APR hike wasn't the PPI it was they charge a higher rate on a higher risk and without PPI considered you a higher risk. Not saying that is right but happened a lot. So there is no PPI on this loan.

Were the loans consolidating one another or just additional/fresh loans?

[thered]

Re: Court proceedings Marlin from mortimer clarke

think they were top ups, tbh i think i was paying £70 a month PPI :tinysmile_cry_t: then i got rid of it after a while for another possibly this one. They definately paid PPI claim out though on ALL loans with them.

I dont have paperwork but i have just telephone Nram who asked me to write in, they said turnaround 7 days. Begs the question if it had PPI why is it not paid??

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke

I don't think you had PPI on this loan at all - did you try claiming it when your circumstances changed and you had to make token payments?