Mortimer clarke/marlin/lloydstsb

[boro]

Hi wonder if you can help with a county court claim received from MARLIN EUROPE LTD (signed MORTIMER CLARKE SOLICITORS) dated 30th April 2014. for an old credit card debt, I filed an acknowledgement of service on MCOL and defended in full. I sent off a request to mortimer clarke for CPR 31.14 documents to enable me to defend this claim.

1. 14th May 2014, received a letter from mortimer clarke that they were unable to supply such documents at this time and would respond when they had received them from lloydstsb.
2. 3rd June 2014, received a letter from courts stating that the claimant must contact the court within 28 days if they wished to proceed otherwise claim would be stayed.
3. 13th June 2014, received a letter from mortimer clarke that account now on hold until able to respond further.

Had heard nothing more until nearly 7 months on I have received on my doorstep (9th January 2015) a bundle of paperwork from mortimer clarke this including notice of assignment copies from lloydstsb to Marlin, printouts of statements and payments made (2007-2010), an almost illegible front page of a credit agreement signed by myself dated 1994! no terms and conditions attached, in fact the copy of so called agreement is just headed "choice of card". Mortimer clarke have stated they would like to offer a settlement proposal on outstanding balance (they quote different amounts owing on court claim and balance owing on this letter). They have sent me an I&E form to complete and if payment proposal accepted they would send a Tomlin Order detailing settlement agreement. I have 14 days to reply to this offer or will be automatically withdrawn, this I feel totally unacceptable after waiting so long for any response for my CPR request.
Mortimer Clarke state that from the statements enclosed the last payment made was 24th February 2010 so not statue barred as I had indeed thought.

So I am wondering where to go from here, do I write to lloydstsb to confirm last date of payment to this credit card account to be absolutely sure? Would really like some help in what my response to Mortimer Clarke should be. Many Thanks.

[mazza778]

Re: Mortimer clarke/marlin/lloydstsb

Sorry to jump on this thread but am new and not sure where to post this.
I had an old debt with Lloyds TSB a loan I took out as a student for a car. As I ran into financial difficulties I struggled to pay the debt as a single parent and the debt has been passed to various companies. I have attempted to pay it back under several different payment plans and the debt now stands at 13000. The original loan was taken out over 10 years ago. The debt was passed to Marlin Europe who then got Mortimer Clarke to pursue it. Mortimer Clarke threatened a CCJ and as they said it could go to attachment of earnings I panicked and admitted to some of the debt as I think they had added some on. The court accepted my payment of £200 a month. I accidentally deleted the standing order and did not hear anything for a few months then started to get letters from Marlin saying the payment plan was in arrears. As the debt us no longer on my credit file, I ignored the letters as I felt they were just trying it on. I moved jobs and have had a copy of an attachment of earnings order which has been sent to my old employer. They have informed the court that I no longer work there. I have contacted the court who have said that I need to wait for the new form to come out so I can suspend the attachment of earning and make repayments again. As I was searching for contact numbers for Marlin and Mortimer Clarke I found this site. I am wondering whether I could oppose the claim as I have asked Marlin for the original credit agreement and they have said they do not have it due to the age of the debt. They said they do not have to provide it to me as the claim has already gone through court once. I am sure when the claim went through the court it the original loan would have been at least 10 years old (10 years from when I signed the agreement.) I have asked for the account number for the loan and they have given me two numbers as they were not sure which one it would be. Just wondering whether I should just send the form back to the court and agree to pay or could I go down the credit agreement route?