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Mortimer Clarke

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  • #1

    Mortimer Clarke

    Hi,

    I hope Ive posted this in the right thread.

    Had a personal loan with Northern Rock back in 2004. Lost my job and applied for IVA in 2005. Northern Rock refused to allow the debt to go onto the IVA and successfully applied to have the debt attached to our house.

    I never had any further correspondence from them and when we were selling our house, it transpired that this was owned by Cabot.

    Solicitor informed them that house was being sold and Mortimer Clarke did not request to be paid from the proceeds.

    A few months ago, I received letters from Mortimer Clarke (Re: Marlin Europe V Limited) requesting I contact them re payment of the debt and enclosed income and expenditure forms. I completely forgot all about it and didn't complete them and now I have received letters saying they will send someone to my house to discuss this.

    Is this statute barred now or does that not apply because they had registered an interest in my old property via the Land registry?

    This debt has been removed on the land registry site for my old property.

    Does anyone have any advice on how to proceed? I would be more than grateful for any help with this.
    Tags: None
  • #2
    Hi, are you still looking for help with this?
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    • #3
      Hi Plan C, thanks for replying yes I am.

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      • #4
        Celestine

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        • #5
          Extremely odd that Mortimer Clarke actively rejected the opportunity to recover the debt at the point of sale.

          No one will be coming to your property to discuss this, especially not during a pandemic.

          Debt secured on property lasts for twelve years, but things have become very confused because Cabot effectively surrendered that security of the charge. Did the charge result from court action or was it just agreed and applied?

          Do you own a property now?

          Tagging pt2537 for his opinion on Limitation.
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

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          • #6
            Hi Celestine,

            Thank you for your reply.

            Since my initial post, I’ve discovered that the conveyancer solicitor had wrote to Mortimer Clarke stating that they should come to us for any payments.

            The charge was applied for immediately after they declined the debt to be added to the IVA and was successful in being added to the old
            property. We contacted the IVA provider when we heard about this and were told they could do this and we couldn’t appeal it.

            It was originally an unsecured personal loan with Northern Rock

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            • #7
              Forgot to add I do own a 50% share in new property but partner pays all the bills

              Comment

              • #8
                Originally posted by MIKE770 View Post
                Celestine
                Hi Celestine,

                Sorry, It looks like I didn't reply direct to you.

                Since my initial post, I’ve discovered that the conveyancer solicitor had wrote to Mortimer Clarke stating that they should come to us for any payments.

                The charge was applied for immediately after they declined the debt to be added to the IVA and was successful in being added to the old
                property. We contacted the IVA provider when we heard about this and were told they could do this and we couldn’t appeal it.

                It was originally an unsecured personal loan with Northern Rock.

                I do own a 50% share in new property but partner pays all the bills

                Id be more than grateful for your help with this

                Comment

                • #9
                  pt2537 Not sure if you missed the tag. Northern Rock loan....very odd?
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                  If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

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                  • #10
                    Originally posted by Celestine View Post
                    pt2537 Not sure if you missed the tag. Northern Rock loan....very odd?
                    Strange, very strange.

                    I think id like to know how the debt was secured first, was it by charging order ie on the back of a CCJ or by consent? Secondly doyou know what the term of the original loan was? If it was a together mortgage and loan itt may be 25 year so limitation wouldnt be up potentially
                    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Pt@roachpittis.co.uk .

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.
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