CCJ - Marlin Europe/ Mortimer Clarke

[mazza778]

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?

[nemesis45]

Re: CCJ - Marlin Europe/ Mortimer Clarke

Good morning [MENTION=11308]Mazza[/MENTION]78

Mortimer Clarke is Marlin/ Cabot's in house " solicitors".

They are correct in that once a CCJ is in place it supercedes the original agreement and there is no obligation to supply it.
nem

[mazza778]

Re: CCJ - Marlin Europe/ Mortimer Clarke

Good morning @Mazza78

Mortimer Clarke is Marlin/ Cabot's in house " solicitors".

They are correct in that once a CCJ is in place it supercedes the original agreement and there is no obligation to supply it.
nem

Thank you. So should i just send the form back in and pay it?

[nemesis45]

Re: CCJ - Marlin Europe/ Mortimer Clarke

Thank you. So should i just send the form back in and pay it?

How long ago was the judgment made? Was this judgment " by default" or did you attend a hearing?
Paying or not is your decision, with a CCJ in place they could seek further enforcement, eg. warrant of control.

nem

[warwick65]

Re: CCJ - Marlin Europe/ Mortimer Clarke

Hi
i doubt there is much you can do regarding stopping the cca because you admitted part of the claim.

You were paying £200 a month, is that still affordable?

How much is outstanding?

As already asked, when was the cca granted?