Court proceedings Marlin from mortimer clarke

[FlamingParrot]

Re: Court proceedings Marlin from mortimer clarke

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

Yes, you need to notify the court that both parties have agreed to an extension, this is essential to stop them obtaining default judgment. :scared:

[thered]

Re: Court proceedings Marlin from mortimer clarke

Yes, you need to notify the court that both parties have agreed to an extension, this is essential to stop them obtaining default judgment. :scared:

I have written to them i just await their response to send it to court, thanks for the reply btw i have been reading and reading since this arrived but im struggling for it all to sink in tbh, i get one thing and then forget another lol, i was looking at the POC again today word for word is

By an agreement between Northern Rock (Asset Management) PLC ("NOR") & the defendant on and around 20/09/2005 ("the agreement") NOR agreed to loan the defendant monies, under the terms and conditions set out therein

In breach of the agreement the defendant did not pay the installments as they fell due & the agreement was terminated. The agreement was assigned to the claimant on the 28/10/2013.

The Claimant therefore claims:

1, ******
2, interest pursuant to section 69 of the county court act 1984, namely ****** & continuing until judgement or sooner at the rate of 0.52

Am i correct in thinking this statement of truth is supposed to be signed by a person (Not the solicitors), and how can it be a statement of truth if he has not seen the documents. I say this because its vague (on and around the 20th), if they had the document they referred to it would have the day on it. So how can this be a statement of truth. The terms are incorrect date anyway and i have never seen a termination notice or default. Yet it refers to it being terminated. Am i barking up the wrong tree here or can this be questioned??

[thered]

Re: Court proceedings Marlin from mortimer clarke

Still no response to my CPR31.14 request

How shall i file my defence at this point? Is it worth doing N244 unless order?

Do i just deny for my defence or do i need t say why?

Afterthought to my post above the original agreement was with Northern Rock PLC, the name on POC is Northern Rock (asset management) PLC

I have never ever had any agreements with the asset management side

Is that a valid point?

[FlamingParrot]

Re: Court proceedings Marlin from mortimer clarke

Still no response to my CPR31.14 request

How shall i file my defence at this point? Is it worth doing N244 unless order?

Do i just deny for my defence or do i need t say why?

Basically you have to either submit a defence based on the information/documents you have (or don't have as the case may be) or an unless order. As your claim is over £10k, it may be worth doing the order. I can't tell you what to do but I think if I was in your case I would do it. :thumb: Having said that, you say above you've had no response, yet this post says you've had the agreement. :noidea:

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

Basically you have to either submit a defence based on the information/documents you have (or don't have as the case may be) or an unless order. As your claim is over £10k, it may be worth doing the order. I can't tell you what to do but I think if I was in your case I would do it. :thumb: Having said that, you say above you've had no response, yet this post says you've had the agreement. :noidea:

Posted the agreement and all docs on here, i gt that from cca sec 78 request.

No response though to the cpr31.14 though as i don't have default or termination notice ect

[Amethyst]

Re: Court proceedings Marlin from mortimer clarke

So cancel what I said about assignment. Basically your 31.14 is just awaiting the default notice ???

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