Court proceedings Marlin from mortimer clarke

[thered]

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?

Yes i got paid from it and i also got paid from at least one other including this one. Only 1 loan had PPI which i knew about, all others paid me PPI whether it was stated in terms or not. I thought they his it in the interest is that a myth??

Btw yes i didnt know much about PPI until around 2010/11

When should i file the acknowledgement of service? i was wanting to leave it as late as possible so i had more time to study the particulars and get some good advice as i think i have had some bad advice in the past.

I just used the same as you it came up £269 this time, strange:tinysmile_aha_t:...... is that above the 0.1%??

[thered]

Re: Court proceedings Marlin from mortimer clarke

cpr is in and a sar to NR i hope it arrives before times up, can i extend if needed or is it up t them to agree?

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke

Okay this PPI issue is very important.

How much did you ask to borrow from the bank ? ( ie. when you went in to see the bank manager did you ask for a loan of £10k or £11955.39 ?)

You say you were paid out on PPI from THIS loan. DO you have ANY documents etc to back that up ?

They are NOT allowed to hide the PPI in the interest rate, or in the loan amount - it MUST be shown separately and clearly.

How many loans did you have at the same time (ie when you claimed the PPI ) ?

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke

cpr is in and a sar to NR i hope it arrives before times up, can i extend if needed or is it up t them to agree?

They need to agree to extend then you'd notify the court.


Have you entered your acknowledgement?

[thered]

Re: Court proceedings Marlin from mortimer clarke

Okay this PPI issue is very important.

How much did you ask to borrow from the bank ? ( ie. when you went in to see the bank manager did you ask for a loan of £10k or £11955.39 ?)

You say you were paid out on PPI from THIS loan. DO you have ANY documents etc to back that up ?

They are NOT allowed to hide the PPI in the interest rate, or in the loan amount - it MUST be shown separately and clearly.

How many loans did you have at the same time (ie when you claimed the PPI ) ?

Hi i have telephoned NR they told me to send a letter and they will send me all the details in 7 days as i dont have it anymore i didnt think id need it. Im afraid i cannot remember exactly all i rememeber is telling him i didnt want to pay £70 a month PPI, he said he would have to do a lot of reworking on my loan to accommodate my new loan but my actual loan would be a more expensive rate than it was. i think i got a top up too. I agree its a very odd amount

They need to agree to extend then you'd notify the court.

Would it look bad if i was waiting for documents and they refused?

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke

The statement starts at 14457.40 then has the amounts of £267.73 - did you make those payments ?

Yes send NR a letter ref the PPI - I would also send a Subject Access Request so you get all the information on all the loans and PPI's etc.
http://www.legalbeagles.info/forums/...otection-Act-)

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke

Would it look bad if i was waiting for documents and they refused?

Yes, but they have sent the agreement and accompanying terms already so you're looking more at flaws than at lack of information.

They still need to send the default notice etc.

[thered]

Re: Court proceedings Marlin from mortimer clarke

The statement starts at 14457.40 then has the amounts of £267.73 - did you make those payments ?

Yes send NR a letter ref the PPI - I would also send a Subject Access Request so you get all the information on all the loans and PPI's etc.
http://www.legalbeagles.info/forums/...otection-Act-)

Yes payments made but statement doesnt add up to amount claimed, i have already wrote to NR for PPI and have SAR'd them too

ty

[thered]

Re: Court proceedings Marlin from mortimer clarke

Forgot to add these if they are of any relevance, i am not sure, the Marlin Statement is about 3 months before the actual transfer date? and also states it is Marlin Financial services, Its Marlin Europe V issued court proceedings?

Marlin Financial services are not listed on their alleged deed either and neither is any links to the account they are chasing

[thered]

Re: Court proceedings Marlin from mortimer clarke

Just received respnse from section 78 it gives nothing that is not already posted but does come again from Marlin Financial Services who are not listed on that apparent deed i posted before this post.

They are 2 different companies with different company numbers so im not sure why these are chasing but the claim is through Marlin Europe V?

[IMG][/IMG]

[thered]

Re: Court proceedings Marlin from mortimer clarke

Just wondering after sending CPR31.14 as to what happens i they dont reply?

Was/am i supposed to notify court to say this has been requested?


ty

Also dug out a few more letters again not sure if there is anything to be picked at only Marlin Financial Services and Marlin Europe V

Do they have rights n this debt? its assigned to Marlin Europe? No received any notice at all regarding Marlin financial services. Not sure if relevant or not but i have uploaded in case

[thered]

Re: Court proceedings Marlin from mortimer clarke

What happens now its been 7 days since my CPR31.14 and still had no response.

How do i start my defence at this point, do i need to to make a large case on different points or make a statement denying and the make a proper case at court

[FlamingParrot]

Re: Court proceedings Marlin from mortimer clarke

What happens now its been 7 days since my CPR31.14 and still had no response.

How do i start my defence at this point, do i need to to make a large case on different points or make a statement denying and the make a proper case at court

Have you asked Mortimer Clarke to agree to an extension to file your defence? CPR 15.5 allows the parties to agree to an extension of up to 28 days. You should contact them (phone/email should save you time :cell: :typing if you haven't already done so.

[thered]

Re: Court proceedings Marlin from mortimer clarke

Have you asked Mortimer Clarke to agree to an extension to file your defence? CPR 15.5 allows the parties to agree to an extension of up to 28 days. You should contact them (phone/email should save you time :cell: :typing if you haven't already done so.

I will contact them tomorrow thanks, is their emailed response needed for court?

[thered]

Re: Court proceedings Marlin from mortimer clarke

Looks like i will have to get busy then this week NR have replied to my SAR saying it needs a sig.

How should i focus my defence, im not disputing having loans with Northern Rock i had 3 or 4. They all paid out PPI to me or misselling too i thought everything was in clear now though till Marlin showed up. I was paying £1 a month to Nram but its not something you really notice on statements so i never took any notice till Marlin posted a letter

.

So far fr my case I have

CA is 14 digit number, the agreement they want is 16 digits
No terms with agreement and the ones they gave as a reconstruction are from the future
Statement of account doesnt add up to what they claim
Statement starts before agreement was even started
PPI misseling and 8% interest was paid on EVERY loan ever with OC
No default Notice received
No Cancellation notice received
I dont think the loan agreement is quite right it never adds up to the correct amount on all loan calculators
No response as yet to CPR31.14
Marlin Financial Services are chasing me, Marlin Europe are taking it to court (If they are different companies and they are surely they need another notice of assignment for them to chase me, or in the very least an introduction on who they are and why they are chasing me for MArlin Europes debt)


Obvoiusly some parts may not be relevant but i am very interested on help wording the defence to what is of use and if there is anything missed



Thanks to all