Received County Court Claim from Mortimer Clark Solicitors Ltd

[Cartman70]

Received a claim? Yes
Issue Date: 27/08/2015
Amount approx: including fees & costs 49580.90
Claimant: MARLIN CAPITAL EUROPE
Solicitor: MORTIMER CLARKE SOLICITORS
Original Credit: NORTHERN ROCK PLC

Particulars of Claim:
By an agreement between Northern Rock (Asset Management) PLC (NOR) & The Defendant on or Around 30/10/2007 (“The Agreement”) NOR agreed to loan the Defendant monies. The Defendant did not pay the instalments as they feill due & the agreement was terminated. The Agreement was assigned to the claimant on 28/10/2013. THE CLAIMANT THEREFORE CLAIMS.
1. £31410.00
2. Interest pursuant to section 69 of the county court Act 1984, namely £15940.14 & continuing until judgement or sooner payment at the rate of 6.88


Stat Barred? NO

Have sent: Nothing
Other info
This loan was requested as a Limited Company business loan to pay other debts as the business needed investment - the Loan however came as a personal loan which I signed as assumed as a Director this is why they set it up this way. The loan was £25000 over 10 year term - with confirmation off CCA 1974 (seen some info as to legalities and claims on this)
After interview with CCCS Jan 2009 I offered £5/month The Debt moved to Wescot and around 2/2/2010 Wescot offered a 50% discount to settle – neither myself or the company could pay. The Business dissolved 18/03/2014

As I was registered with CCCS for other debts (2 which I agree were personal credit although used for business) and paying them all £5 a month until I could find my feet again. I have received letters from NRAM, Mackensie Hall, Marlin, - wrote emails and letters explaining this was a business debt and the company dissolved - but they refuse to acknowledge or provide transcripts only the CCA which i signed

I have letters stating interest will not be added to the debt - but this claim they have tried to claim £15000+ backdated to when they purchased the debt. I was never in agreement with MARLIN and have never agreed any terms or amounts with them

I will acknowlege the Summons and also request more time from solictors - I intend to defend this amount in full

Also I am still in financial difficultly had investors in the new venture - they stole it - staff, stock and clients in full in 2013 - cannot afford to fight that either.
don't own car or share/deeds on a house - but my wife does.

[nemesis45]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

Hi Welcome to LB.

Marlin inherited the " agreement" between yourself and NR and has the right to claim payment.
Do you have a copy of the agreement you can post here after removing all " personal data"?

[FlamingParrot]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

Welcome to LB

Received a claim? Yes
Issue Date: 27/08/2015
Amount approx: including fees & costs 49580.90
Claimant: MARLIN CAPITAL EUROPE
Solicitor: MORTIMER CLARKE SOLICITORS
Original Credit: NORTHERN ROCK PLC

Particulars of Claim:
By an agreement between Northern Rock (Asset Management) PLC (NOR) & The Defendant on or Around 30/10/2007 (“The Agreement”) NOR agreed to loan the Defendant monies. The Defendant did not pay the instalments as they feill due & the agreement was terminated. The Agreement was assigned to the claimant on 28/10/2013. THE CLAIMANT THEREFORE CLAIMS.
1. £31410.00
2. Interest pursuant to section 69 of the county court Act 1984, namely £15940.14 & continuing until judgement or sooner payment at the rate of 6.88

Stat Barred? NO

Have sent: Nothing
Other info
This loan was requested as a Limited Company business loan to pay other debts as the business needed investment - the Loan however came as a personal loan which I signed as assumed as a Director this is why they set it up this way.

That was a dirty trick, :mad2: :mad2: :mad2: a company is a separate entity and can enter into agreements in its own right. Having said that, most banks require loans in the name of limited companies to be backed by personal guarantees, given how easy it is to liquidate companies. :mmph:

The loan was £25000 over 10 year term - with confirmation off CCA 1974 (seen some info as to legalities and claims on this)

You may be referring to NRAM plc v McAdam & Hartley where the CoA ruled that agreements over £25k taken out before April 2008 did not fall under the CCA: http://www.n-ram.co.uk/loans/loans-over-25000

After interview with CCCS Jan 2009 I offered £5/month The Debt moved to Wescot and around 2/2/2010 Wescot offered a 50% discount to settle – neither myself or the company could pay. The Business dissolved 18/03/2014

As I was registered with CCCS for other debts (2 which I agree were personal credit although used for business) and paying them all £5 a month until I could find my feet again. I have received letters from NRAM, Mackensie Hall, Marlin, - wrote emails and letters explaining this was a business debt and the company dissolved - but they refuse to acknowledge or provide transcripts only the CCA which i signed

See above, if you took out the loan in your name then it wasn't a company debt.

I have letters stating interest will not be added to the debt - but this claim they have tried to claim £15000+ backdated to when they purchased the debt. I was never in agreement with MARLIN and have never agreed any terms or amounts with them

Marlin are debt purchasers who buy a lot of defaulted accounts from Northern Rock amongst others.

I will acknowlege the Summons and also request more time from solictors - I intend to defend this amount in full

When you acknowledge the claim you get a total of 33 days from date printed on claim to submit a defence so you don't need to ask them to agree to an extension just yet.

Given the sums involved, a little professional help could be in order and you may consider contacting [MENTION=551]pt2537[/MENTION] :yo: who is a member of our site team and also a highly accomplished consumer credit litigator with plenty of cases under his belt: http://www.qualitysolicitors.com/how...le/paul-tilley :thumb:

Also I am still in financial difficultly had investors in the new venture - they stole it - staff, stock and clients in full in 2013 - cannot afford to fight that either.
don't own car or share/deeds on a house - but my wife does.

If the debt is in your sole name and the house is in her name but not yours then the debt couldn't be secured on her house. :grin:

[Cartman70]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

Copy of the original contact attached

as i stated i asked for a business loan for my business - but signed a personal loan - so if i cannot get any transcript from Northern Rock when the loan was requested - i am assuming this isn't going to cut it in a court battle

So will have to be plan B

I will scan in the letter from marlin stating "no interest charged on loan" - wonder how they can claim £15k interest backdated - contradicts their court notice
I was also wondering with the government case regarding compensation for misrepresenting of the CCA in the contract and 4 years later (as in this July) it was concluded in the favour of the Government - could that be used

Any ideas guys

[FlamingParrot]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

If the agreement was drawn up in your name rather than the company name then it is your debt and not the company's. Very sneaky of NRAM to have drafted it like that.

I notice the document mentions it being regulated under the CCA, the case above relates to loans ABOVE £25k taken out before April 2008, however, this page says: http://www.n-ram.co.uk/loans/cca-loans

in respect of loans taken out before 6 April 2008, the CCA regulations only apply where the amount we agreed to lend you (the amount of credit) was £25,000 or less.

Your agreement states the amount of the loan as £25,000 exactly, doesn't that mean it was "£25,000 or less"? It wasn't over £25,000 without the interest.

Did you ever receive any of the correspondence NRAM claim to have sent to affected customers in 2014/2015?

[Cartman70]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

no I didn't receive NRAM Claim or notices

Started with Wescot
the AlC - Ailled International Credit (UK) Limited
then NRAM Personal Loans - which referenced a Circa £31,830 Balance - Never heard of NRAM nor an introduction to them
Then Decemeber 2012 - A Mackenzie Hall nasty bunch calling every day of the week at 9am or 9pm
Referencing Northern Rock Asset Management - again i had a loan with Northern Rock PLC - never on any paperwork prior to defaults did Northern Rock Asset Management come up

The i get a letter from Mackenzie Hall 14/1/2013 stating outstanding lliability of £6694.90
i offered £50/month for 3 months which i paid

September 2013 - Mackenzie Hall offered a Full settlement figure of £15755 -
In October investors in my business snuffled it away, taking me and my father for everything and stealing all the business pipelne and offering all the staff jobs under their other company - I I was jobless, car less and penniless
So couldn't pay a bean

Then out of the Blue without notice a Marlin Capital (05/02/2014 - came on the scene claiming £31410 - and No interest is currently payable on the amount outstanding

Then the County Court Claim contradicting the balance and how no interest was being applied and claimed £15k interest - god knows what date they have put that back too
but the loan had a 10 year term interest £25k + £10k interest until 2017 - but now they are claiming interest on interest

Last contract was Mortimer Clark ringing in the evening a week before the court form arrived - I said who are you and what is it about, she wouldn't say without me giving security questions - I said if you wont provide me details i cannot provide you anything - please put it in writing - which then didn't

[Cartman70]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

In the AOS

I am defending the claim
should i also contest jurisdiction to local court chambers ?

[Cartman70]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

think i found my answer contest jurisdiction - applied to country of claim - not wanting the court to be heard in a local court not northampton -
when do i set to my local court - i do not have funds to travel to Northampton so want it in the local chambers

[FlamingParrot]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

In the AOS

I am defending the claim
should i also contest jurisdiction to local court chambers ?

think i found my answer contest jurisdiction - applied to country of claim - not wanting the court to be heard in a local court not northampton -
when do i set to my local court - i do not have funds to travel to Northampton so want it in the local chambers

Jurisdiction does not refer to a particular venue or a certain town, but to the overall area where the court has authority to hear cases; if you live in England and Wales, you wouldn't contest jurisdiction.

If the case progressed to a hearing, it would be transferred to your local court; after submitting your defence you'd receive a questionnaire where you can name your preferred venue. Northampton is not an actual court where hearings are held, it's just the bulk processing centre for money claims. :thumb:

[Cartman70]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

I did my AOS a week ago
the Claim was dated 27th August
so i have 10-12 days to prepare my defence

Should i be writing to Mortimer clarke to cancel this claim based on the information i have - or do i let the defence submitted to the courts

just thinking better not have the court hearing if it can be avoided - i am trying to rebuild my life and start a new business - if i get a CCJ it will be really hard

thoughts ?

[FlamingParrot]

Re: Received County Court Claim from Mortimer Clark Solicitors Ltd

I did my AOS a week ago
the Claim was dated 27th August
so i have 10-12 days to prepare my defence

Should i be writing to Mortimer clarke to cancel this claim based on the information i have - or do i let the defence submitted to the courts

You could write to them but I very much doubt they'd discontinue the claim. What you could ask them to do is agree to a 28 day extension to file your defence. Mortimer Clarke tend to be agreeable to this. If so, you need to inform the court in writing. :typing: An email should be fine.