Marlin Europe Limited v liam T

[icrina53]

Re: Marlin Europe Limited v liam T

Received letter back from mortimer agreeing to extension on time limit for filing defence. They did not send me any of the documents that I requested. I have informed the court in writing that mortimer agree to extension. Any suggestions what I can do now?

Let me guess 28 days? I have received mine exactly the same , informed the court about the extension and all I have to do now is wait , I will give them about 3 days , if I still don't receive anything will file my defence.
Good luck and keep us informed !

[icrina53]

Re: Marlin Europe Limited v liam T

Sorry 3 days before my extension comes to an end

[FlamingParrot]

Re: Marlin Europe Limited v liam T

The loan was taken out in the name of a company that no longer exists. Although I do remember having to sign a form in my name to be personal guarantor , HSBC would not lend over 3k if I didn't. I think they called it an indemnification,not sure if that's the right term though,perhaps they should have this piece of paperwork?

I should think they should have something that proves you signed a personal guarantee, otherwise the debt would be against the company and if it was liquidated, they wouldn't have any claim against you personally. Having said that, you say you DO remember signing a personal guarantee, so you can hardly deny doing it in court.

It may be that the claim is being fronted by some thicko who just sees it as one debt to one firm, and that's quite common. However, in this case its important because the legal issues are totally different between a regulated loan and an overdraft, so any defence needs to reflect that.

I'm still unclear whether a CCA request can be applied to a business loan, as that's not consumer credit. Can anyone advise?

I shouldn't think it would apply to a limited company, it could apply if the OP was a sole trader.

Ok got you now.
Maybe they don't know if it was from a business account or not.
All I can do is respond to the particulars of claim I suppose.
Would appreciate any other advice.

Debts are sold in job lots with very few details, so they're probably not aware of this fact.

[FlamingParrot]

Re: Marlin Europe Limited v liam T

Received letter back from mortimer agreeing to extension on time limit for filing defence. They did not send me any of the documents that I requested. I have informed the court in writing that mortimer agree to extension. Any suggestions what I can do now?

For now all you can do is wait and see if they locate anything. :ranger:

[liam T]

Re: Marlin Europe Limited v liam T

Hi
received a letter back from marlin to my CPR request. They say it does not apply as claim is connected to a current account.
My 28 days are up on the 18/11/14. How do I file my defence? Any suggestions on how to word defence?
thanks.

[liam T]

Re: Marlin Europe Limited v liam T

Also had nothing back from mortimer Clarke other than to agree to extension.

[liam T]

Re: Marlin Europe Limited v liam T

sorry meant CCA request.
could anybody confirm that i can file my defence online through the MCOL.
cheers

[Kafka]

Re: Marlin Europe Limited v liam T

Was the CCA request clearly identified as relating to the loan part of this debt, not the OD?

[liam T]

Re: Marlin Europe Limited v liam T

this is what the letter said,
upon reviewing your account we noted that it relates to a current account which provides no credit and is not regulated under the consumer credit act 1974,therefore there is no agreement for the account.

again i have never had an over draft for the amount demanded,
just a quick question about timelines

the issue date is 21/oct 2014
i then acknowledged service on line on the 26 oct.
and sent cca and cpr demand.
then received 28 day extension but have heard nothing since. when do i have to file my defence. i have sent an email to the court informing them of the extension and also sent a hard copy through the post over a week ago but have heard nothing back as yet.
little bit confused as to when to file defence or do i wait until Mortimer contact again.

[liam T]

Re: Marlin Europe Limited v liam T

this is what the letter said,<br>upon reviewing your account we noted that it relates to a current account which provides no credit and is not regulated under the consumer credit act 1974,therefore there is no agreement for the account.<br><br>again i have never had an over draft for the amount demanded,<br>just a quick question about timelines&nbsp;<br><br>the issue date is 21/oct 2014<br>i then acknowledged service on line on the 26 oct.<br>and sent cca and cpr demand.<br>then received 28 day extension but have heard nothing since. when do i have to file my defence. i have sent an email to the court informing them of the extension and &nbsp;also sent a hard copy through the post over a week ago but have heard nothing back as yet.<br>little bit confused as to when to file defence or do i wait until Mortimer contact again.<br><br><br><br>