Mortimer Clarke / marlin financial help

[jules681]

Re: Mortimer Clarke / marlin financial help

thank you very much. I have got the letters ready, just need to print them today (new printer has arrived!). And send them off, I will come bk to you as soon as a response arrives. Many thanks

[FlamingParrot]

Re: Mortimer Clarke / marlin financial help

Best of luck! :thumb: ray: ray:

[jules681]

Re: Mortimer Clarke / marlin financial help

I have received a response from Mortimer Clarke today, I will attach the letters, please could you take a look and advise what to do next? Many thanks

[jules681]

Re: Mortimer Clarke / marlin financial help

Okay, It wont let me upload the letters here, I have scanned them onto computer. So I will type out the response. I have a 3 page reply.
The first page
We refer to the above matter and your letter dated 17/6/2014
Please find enclosed a copy of your agreement and a copy of the assignment sent to you.
We can confirm we have requested a copy of your statement from our client, we will forward this on to yourself once received.

Second page
A credit agreement regulated by the consumer credit act 1974. Dated signed by myself 11/06/04.

Third page
A letter of assignment dated 28th October 2013.

What am I meant to do next?

[jules681]

Re: Mortimer Clarke / marlin financial help

one last go at scanning these letters up, think I got it this time

[Celestine]

Re: Mortimer Clarke / marlin financial help

The agreement they have supplied is lacking all the relevant T&C's so is only partially compliant with your CCA request. Plus a statement of account is required.

[jules681]

Re: Mortimer Clarke / marlin financial help

Thank you, should I sit tight and see what they send next?

[Celestine]

Re: Mortimer Clarke / marlin financial help

No I'd make them aware that default notice, statement of account and those T&Cs are still outstanding.

[jules681]

Re: Mortimer Clarke / marlin financial help

Sorry to be a pain, when you say T&C's what exactly should I ask them for? Would it before for the T&C's for the original credit agreement?
I am a bit useless at this

[Celestine]

Re: Mortimer Clarke / marlin financial help

Yes, its the accompanying T&Cs that belonged with this application....or should have accompanied this application.

[jules681]

Re: Mortimer Clarke / marlin financial help

Right ok then, I will have a go at drafting a letter, I might get you to have it look at it before sending, if thats ok with you, so it can be tweaked if needed. Many thanks

[jules681]

Re: Mortimer Clarke / marlin financial help

needing help, PLZ!
I am struggling to reply as you suggest, can you help?

[Amethyst]

Re: Mortimer Clarke / marlin financial help

Hi Jules, I'll find you a ''template'' to base your letter on and give you a hand, try not to worry ok xx give me ten

[jules681]

Re: Mortimer Clarke / marlin financial help

thank you so very much :tinysmile_grin_t:

[Amethyst]

Re: Mortimer Clarke / marlin financial help

Okay couldn't find a template, though am pretty sure there's one about somewhere .... I've made a start based on the info I have from your thread so hopefully this will give you a decent starting point.



Dear xxxxxxx
Reference: xxxxxx

Thank you for your recent communication in response to my requests for information under the pre-action protocols and under section 77-79 of the Consumer Credit Act 1974.

I acknowledge receipt of the notice of assignment and a copy of the signature page of the alleged agreement between myself and Northern Rock.

I also acknowledge that you have requested copies of the relevant statement of account from the original creditor and I look forward to receiving this in due course.

I am sure you are aware though that the documentation you have sent to me is incomplete.

Under section 77 (1) of the Consumer Credit Act 1974, upon a formal request, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it. The Document you have sent me is incomplete in that it does not contain the full terms applicable to the agreement. In the first paragraph the document states 'the terms set out below and overleaf'. You have not provided me with a copy of the terms set out overleaf and have therefore failed to fully comply with my formal request.

The documents should also include terms of the agreement if they varied during the duration of the contract.

Under section 77 (4) If the creditor under an agreement fails to comply with subsection (1)—(a)he is not entitled, while the default continues, to enforce the agreement;

In addition I requested, a copy of the original default notice served on me regarding this account. I have yet to receive a copy of this document required pursuant to s87 Consumer Credit Act 1974.

Please forward the remaining documentation as soon as possible so I may fully assess the situation with regards this account before we may discuss how to move forwards to bring this to an amicable resolution.

Kind regards

Jules