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Mortimer clarke/marlin/lloydstsb
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 I have 14 days to reply to this offer or will be automatically withdrawn, this I feel totally unacceptable after waiting so long for any response for my CPR request.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.
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.
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