Mortimer Clarke / marlin financial help

[jules681]

Hi I am new here so I apologise if this is in the wrong place.

I have been receiving letters from Marlin financial, and now Mortimer Clarke, for an unsecured loan of £10,400. I believe this debt is from an old Northern rock debt which was taken out in 2004, although I am sure the debt was for less than the amount they state. In brief, I paid for this loan till 2006, then started to struggle, so I then used a debt Management company (cant remember who they were) and paid a smaller amount and combined all other debts. This particular debt defaulted in April 2009, and that is the last time I made payment.
Firstly I dont dispute I owe this debt, I just dispute the amount. What is the best action for me from here? I have buried my head in the sand for far too long now and want to sort this out, but I am reading scary stories about Mortimer Clarke/ Marlin Financial and under hand ways. So I would appreciate any help and support, so I no exactly the best way to deal with this.
Many thanks in advance

[jules681]

Re: Mortimer Clarke / marlin financial help

I have just searched bank statements and found the last payment to be 27th April 2009, to BYROM KEELEY. Default date 22/04/09. I will also add that these letters are going to an old address, but having moved in the last 12 months, my post is being re directed.

[FlamingParrot]

Re: Mortimer Clarke / marlin financial help

Hi and welcome

Hi I am new here so I apologise if this is in the wrong place.

I have been receiving letters from Marlin financial, and now Mortimer Clarke, for an unsecured loan of £10,400. I believe this debt is from an old Northern rock debt which was taken out in 2004, although I am sure the debt was for less than the amount they state. In brief, I paid for this loan till 2006, then started to struggle, so I then used a debt Management company (cant remember who they were) and paid a smaller amount and combined all other debts. This particular debt defaulted in April 2009, and that is the last time I made payment.

I can't see on your profile whether you are in England and Wales or in Scotland, as that would make all the difference. If you were in Scotland, the debt would very likely, be SBd if last payment was made in April 2009, :grin: however, in England and Wales the limitation period is 6 years.

Firstly I dont dispute I owe this debt, I just dispute the amount. What is the best action for me from here? I have buried my head in the sand for far too long now and want to sort this out, but I am reading scary stories about Mortimer Clarke/ Marlin Financial and under hand ways. So I would appreciate any help and support, so I no exactly the best way to deal with this.
Many thanks in advance

Provided you are not in Scotland and the debt is not SBd, then I'd start by sending Marlin a CCA request. They should respond in 14 days or the debt would become unenforceable. As this was taken out in 2004, they should provide you with a true copy of a properly executed agreement to make it enforceable. :grin:
Send the letter by recorded delivery with a PO for £1 and sign it using a computer font rather than your real signature. :thumb:

Could you post up the letter you've received from Mortimer Clarke? Remove your personal details and scan/take a picture with your digital camera or phone. hoto:

Would be useful to see whether it's a letter before action or just a generic threat. MC are in-house solicitors for Marlin.

[FlamingParrot]

Re: Mortimer Clarke / marlin financial help

I have just searched bank statements and found the last payment to be 27th April 2009, to BYROM KEELEY. Default date 22/04/09. I will also add that these letters are going to an old address, but having moved in the last 12 months, my post is being re directed.

See above with regards to SBd. Dynamic Duo Marlin/MC are well known for issuing claims to old addresses in the hope of obtaining default judgment so when you write to them, put your new address on the letter.

[jules681]

Re: Mortimer Clarke / marlin financial help

Hello and thanks for your reply.
I am in England.
Having just read the letter again, I am going to correct my original post. The letter is from Marlin Financial services, suggesting that they are appointing Mortimer Clarke Solicitors to take over recovery activity. Its basically just informing that Mortimer Clarkes Solicitors will be in touch soon. So I just send a CCA request to Marlin, silly question, do I need to type them a letter or is it okay to hand write?

[FlamingParrot]

Re: Mortimer Clarke / marlin financial help

Hello and thanks for your reply.
I am in England.

Sorry to hear that, I mean it in the context of your debt not being SBd.

Having just read the letter again, I am going to correct my original post. The letter is from Marlin Financial services, suggesting that they are appointing Mortimer Clarke Solicitors to take over recovery activity. Its basically just informing that Mortimer Clarkes Solicitors will be in touch soon.

OK, that sounds like there's nothing to worry about for the moment. :thumb:

So I just send a CCA request to Marlin, silly question, do I need to type them a letter or is it okay to hand write?

A CCA request should cover yourself as non compliance is a bar to enforcement. If MC write to you before they respond, you can just say they are in default of your request.

Is there any reason you can't send them a typed letter? :typing:

[jules681]

Re: Mortimer Clarke / marlin financial help

I dont have a printer! I have actually brought one but wont receive it till the weekend. I was intending to get the letter out today, but I will leave it till I get the printer!.
I have seen lots of templates for a CCA request, is there a particular one you can advise I use? many thanks

[FlamingParrot]

Re: Mortimer Clarke / marlin financial help

I dont have a printer! I have actually brought one but wont receive it till the weekend. I was intending to get the letter out today, but I will leave it till I get the printer!.
I have seen lots of templates for a CCA request, is there a particular one you can advise I use? many thanks

You'll find them here:

http://www.legalbeagles.info/forums/...=7670#post7670

[jules681]

Re: Mortimer Clarke / marlin financial help

You'll find them here:

http://www.legalbeagles.info/forums/...=7670#post7670

Many thanks for your help, I will get this posted off at the weekend, and come back to you when I receive a response for the next steps

[jules681]

Re: Mortimer Clarke / marlin financial help

I am back again if they cant provide the documents after I send an CCA request, does that mean they can no longer enforce the debt? Also, as the debt is 10 year old and has been passed around a fair few times, are they likely to have the information to enforce it?
sorry if I sound a bit thick, I have totally ignored this debt till yesterday, so my knowledge is rather limited.

[FlamingParrot]

Re: Mortimer Clarke / marlin financial help

I am back again if they cant provide the documents after I send an CCA request, does that mean they can no longer enforce the debt?

They cannot enforce it as long as they are in default of your request. If they ever find COMPLIANT documents and send them to you, then things would change.

Also, as the debt is 10 year old and has been passed around a fair few times, are they likely to have the information to enforce it?
sorry if I sound a bit thick, I have totally ignored this debt till yesterday, so my knowledge is rather limited.

It's hard to tell. The original lender is responsible for keeping copies of the agreements they produced, regardless how many times it's been passed around, the debt purchaser would have to go back to them for the documents. Some people have received enforceable agreements for cards taken out in the mid 90s, it all depends on the lender and how organised they've been with their filing.

[jules681]

Re: Mortimer Clarke / marlin financial help

An update to this post
Today I have received a letter from Mortimer Clarke Solicitors, the letter starts with, 'we have been instructed by our client to start court proceedings as you have failed to agree a reasonable payment arrangement'
It included an in comings and out comings form and a direct debit form, the letter waffled on about what a ccj could mean to me etc and ended with telling me that I have 14 days to reply, or proceedings will be started.

As per previous conversation, I am sending off a CCA request this weekend, to be posted on Monday. Just wondering on your thoughts on this letter?

[jules681]

Re: Mortimer Clarke / marlin financial help

Also now I have received this letter from Mortimer Clarke Solicitors, do I send the CCA to them? the letter states that "Marlin Capital Europe Ltd' is their Client

[FlamingParrot]

Re: Mortimer Clarke / marlin financial help

An update to this post
Today I have received a letter from Mortimer Clarke Solicitors, the letter starts with, 'we have been instructed by our client to start court proceedings as you have failed to agree a reasonable payment arrangement'
It included an in comings and out comings form and a direct debit form, the letter waffled on about what a ccj could mean to me etc and ended with telling me that I have 14 days to reply, or proceedings will be started.

As per previous conversation, I am sending off a CCA request this weekend, to be posted on Monday. Just wondering on your thoughts on this letter?

That letter definitely needs a response, I'll be back tomorrow. :ranger:

Do send the CCA request. :thumb:

Also now I have received this letter from Mortimer Clarke Solicitors, do I send the CCA to them? the letter states that "Marlin Capital Europe Ltd' is their Client

I'd send it to Marlin with a copy to Mortimer Clarke so they are informed.

[FlamingParrot]

Re: Mortimer Clarke / marlin financial help

An update to this post
Today I have received a letter from Mortimer Clarke Solicitors, the letter starts with, 'we have been instructed by our client to start court proceedings as you have failed to agree a reasonable payment arrangement'
It included an in comings and out comings form and a direct debit form, the letter waffled on about what a ccj could mean to me etc and ended with telling me that I have 14 days to reply, or proceedings will be started.

As per previous conversation, I am sending off a CCA request this weekend, to be posted on Monday. Just wondering on your thoughts on this letter?

My thoughts are that it should be treated as a letter before action and replied to accordingly, see below. Send the CCA request to Marlin and the letter below to Mortimer Clarke, you may want to attach a copy of your CCA request to Marlin (without the £1 fee). Send both recorded delivery.

Marlin and their in-house solicitors MC are trigger happy and should be stopped in their tracks. :thumb:

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original credit agreement;
2. The Default Notice;
3. The Termination Notice;
4. The Notice of Assignment;
5. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77 on xx/xxxx/2014 and I am awaiting a response.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,