marlin 11 mortimor clark

[Guest]

Hello all this is my first post so please bear with me .:doggieyes: I'mdealing with marlin Europe 11 and Mortimer Clarke, they have come back to meafter 2years there defence they have submitted is a agreement that has termsand conditions with no signature on just my name printed on it in fact two setsof terms and conditions one they called original and one current, they are bothclear with 7 pages each set .then one page of an agreement it is not really readable also with no namesdates account numbers on I must admit it looks worse on paper when I sent itacross to my friend via email you can inlarge it but there is still mumbo jumbo double printedletters and no names what so ever oraccount numbers
A default notice also sent by them not the OC with blackedout dates names and account numbers, I guess this could mean anyone’s default notice,and a print out of a default like a screen shot this does have the accountnumber in
When looking at the screen shot this debt would have been SBin the next week, I’m thinking this is why they are after me for one last shot,two years ago I gave them some good prove it letters and now it seems they arejust going for a summary judgement as I now have transfer of court proceedings afterhaving it stayed for two years.im wondering why they fancy their chances now AsI did defend this claim I called the court to see what was going to happen so I'mnow waiting for the judge to decide and look at all the paper work on bothsides, how ever I did also email the court to ask the judge for direction should the stay be lifted as I wouldlike to amend my defence as this was over two years ago .
Advice would be so welcome on what I have mentioned manythanks in advance
Doggielover

[nemesis45]

Re: marlin 11 mortimor clark

Good evening, welcome to LB.

This sounds like a reconstituted agreement which must have the following constituents.

1. Your name and address as it was when the account was opened.

2. The creditors name and address as it was when the account was opened.

3. The terms and conditions relevant when the account was opened.

4. "" "" "" "" " closed.

5. Any other documents mentioned in the terms and conditions.

An agreement must be easily legible in all parts.

When was the account opened please?

From what you say so far this recon does not sound compliant.

When is the hearing scheduled for.
Cabot/ Marlin11/ Mortimer Clarke will pull as many tricks as they can to frighten you into giving up!!

The date the account was opened is important.

nem

[nemesis45]

Re: marlin 11 mortimor clark

Can you post copies of the DN and the " original " agreement T's &C's it may help to see them as often there are referrals to further T's & C's that are not actually in the pages you have received.
nem

[Guest]

Re: marlin 11 mortimor clark

hi wow thank you for getting back so quick 2008 its not pre 2007 it is certainly a reconstituted agreement as there is nothing on there to suggest its mine , are they allowed this as it has not got anything you have mentioned, so 2008 not sure in the month

thankyou

[nemesis45]

Re: marlin 11 mortimor clark

hi wow thank you for getting back so quick 2008 its not pre 2007 it is certainly a reconstituted agreement as there is nothing on there to suggest its mine , are they allowed this as it has not got anything you have mentioned, so 2008 not sure in the month

thankyou

Who was the original creditor, what type of account was this?
No name and address?

A copy of the DN would be useful [MENTION=40914]Doglover[/MENTION].

nem

[Guest]

Re: marlin 11 mortimor clark

not got a DN only DA which again they sent not the OC but yes I will send the lot hope its not to much trouble sending so much

thankyou so much once again mem

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its a credit card hailfax

[nemesis45]

Re: marlin 11 mortimor clark

not got a DN only DA which again they sent not the OC but yes I will send the lot hope its not to much trouble sending so much

thankyou so much once again mem

If you need help to post the documents there's an expert on the LB team [MENTION=49370]Kati[/MENTION] I'm sure will assist.

nem

[Guest]

Re: marlin 11 mortimor clark

sorry do you mean deed of novation or default notice

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yes I think I might need help posting my letter I will have a go though :tinysmile_twink_t2:

[nemesis45]

Re: marlin 11 mortimor clark

sorry do you mean deed of novation or default notice

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yes I think I might need help posting my letter I will have a go though :tinysmile_twink_t2:

tag [MENTION=49370]Kati[/MENTION]
nem

[Diana M]

Re: marlin 11 mortimor clark

I'mdealing with marlin Europe 11 and Mortimer Clarke, they have come back to meafter 2years there defence they have submitted is . . .

. . . now it seems they arejust going for a summary judgement as I now have transfer of court proceedings afterhaving it stayed for two years.im wondering why they fancy their chances now AsI did defend this claim I called the court to see what was going to happen so I'mnow waiting for the judge to decide and look at all the paper work on bothsides, how ever I did also email the court to ask the judge for direction should the stay be lifted as I wouldlike to amend my defence as this was over two years ago .

First and foremost you need to clarify the current legal situation.

From what you say there was a county court claim issued two years ago.You filed a Defence in response to that claim which was then stayed (have I got that right?)

The next bit is what needs clarifying.

Your post says "it seems they are now going for a Summary Judgment as I now have transfer of court proceedings ".

So what have you received? Is it a Directions Questionnaire from the court or is it a Notice of Transfer to your local court if you nominated them on your DQ.

Has the Claimant made an application for Summary Judgment on the basis they believe your Defence has no legal merit? To do this they would also need to make an application to the court to lift the stay.

Or or has the Claimant's solicitors written to you with the threat of a SJ?

You say that the Claimant has submitted a Defence. Do you mean that they have filed a Reply to your Defence?

You say that you have received documents from the Claimant and want to know if you can amend your Defence as a result.

You are wanting an analyis of the documents the Claimant has disclosed (late in the day).

How much is the Claim?

In order to answer your questions can you please answer mine

Di

[Guest]

Re: marlin 11 mortimor clark

hi nem hope ive uploaded ok ive sent three letters

[Diana M]

Re: marlin 11 mortimor clark

Have you ever sent a formal s 77-79 CCA Request to anyone (original creditor and/or the Claimant) including the £1 statutory fee?

If not do that now.

Have you sent a CPR 31.14 Request to the solicitors?

If not do that now. (Please clarify if this claim has been allocated to any Track).

What was the gist of your Defence to this claim? You can post up your Defence removing anything which could identify you.

Di

[Guest]

Re: marlin 11 mortimor clark

hi di thankyou also, yes ill answer all
Notice of transfer of proceeding is what I have received from the bulk centre so a judge can look at the case at my local court , yes there was a stay two years ago.
Mortimer clarke wrote and told me they were going to ask for the stay to be lifted
I asked if I could amend my defence if the judge lifted the stay to the court
im waiting now to hear from the court
the claim is for 8000
I was only wanting to amend the claim as it was over two years ago the defence I put in I was not sure if they had found anything either and put it in not knowing how all this works I was thinking I want to defend this, but the clerk at court said the case was already defended so the judge will make his decision on what I had submitted two years ago

[Diana M]

Re: marlin 11 mortimor clark

its a credit card hailfax

You've edited your post to add this helpful information.

Does the Particulars of Claim say you entered in to a credit agreement with the Halifax?

Post up or type out the POC with your personal details removed.

Di

[Guest]

Re: marlin 11 mortimor clark

yes I had done all what you had mentioned they gave me a lot of terms and conditions that could of been anyone's all reconstituted I have just uploaded the DN as you can see that also could of been any bodys all the TC do not have any thing that relates to me they have just put my name on the top of the TC no account at all neither the OC name nothing to put me to these documents the page of the agreement has no names or account on it , I was not sure if they are allowed to do this I guess I will find out if the judge finds in there favour thanks di