Mortimer Clarke Issued Claim (I know nothing about)

[PlanB]

Re: Desperate Dans Diary

There is. I have found it through Trust. Unsatisfied Judgement it says obtained on 06.12.07. I dont even think I was living at the address where it was sent at the time. I lived at my grandads for two years before meeting my partner in June of 2009.

^ ^ ^ ^ who's named as the Claimant on that judgment ? Then if it's been subsequently sold you should have been notified formally as Niddy says. Is there any reason not to ask MCL who is "their client" ?

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

It'll be marlin or YB.

Do you have the claim? NoA? Anything like that?

Hiya, sorry for late reply I havnt been too well. No I do not remember getting a claim. I asked the court for a copy of the claim but they said they did not receive a claim as such and that the copy of the judgement they sent was all they had. Jeremy Sutcliff is the name on the judgement with an instruction to make all payments to them, yet it was MCL who I was paying immediately after the judgement so its very confusing. Nope, no NOA.

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

MCL's client will be the person/company named on the POCs and/or the CCJ. Does that give you a clue?

What is a POC? The name on the court judgement is Jeremy Sutcliff, with an instruction to make payments to them. But all payments after the ccj were made to MCL. So would that make Jeremy Sutcliff the client?

[Desperate Dan]

Re: Desperate Dans Diary

^ ^ ^ ^ who's named as the Claimant on that judgment ? Then if it's been subsequently sold you should have been notified formally as Niddy says. Is there any reason not to ask MCL who is "their client" ?

The claimant on the judgement is Yorkshire bank and the name and address for payment is Jeremy Sutcliff.

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

POC = Particulars Of Claim

Thanks Flower, that would be Yorkshire Bank then!

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Have you read Mrs G's thread? She had a very similar experience with the YB selling a debt to Marlin, who used MCL to obtain a CCJ and CO without her knowledge ---> Mrs G vs Marlin/Mortimer Clarke/Yorkshire Bank - allaboutFORUMS

Yes I had a good read of that thread, I was absolutely disgusted at the treatment Mrs G received and I cannot believe common sense has not prevailed in that case. Its about time YB, MCL and Marlin were brought down a few pegs.

I really do not know if my debt has been sold. Clearly MCL do not own the debt as they always refer to 'our client'. Marlin were collecting at some point so perhaps they are the debt owners? But, would YB actually be able to sell the debt post judgemnet? If not then YB still own it.

[Never-In-Doubt]

Re: Mortimer Clarke Issued Claim (I know nothing about)

As MrsG is awaiting allocation to court I would sit back till that is resolved. She is using our preferred solicitor whom, if successful, will have a signed authority to disclose the case to whomever it may benefit. I will post the result (win/lose/draw) on here regardless.

That way (as she's also gone to the OFT etc) if she wins, chances are the oft will investigate hence you'll have more chance of success or at least know you'll lose outright, if she does.

Point is that's a case you should watch then we'll chat afterwards and come up with your plan.....

If it can wait that long of course

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

As MrsG is awaiting allocation to court I would sit back till that is resolved. She is using our preferred solicitor whom, if successful, will have a signed authority to disclose the case to whomever it may benefit. I will post the result (win/lose/draw) on here regardless.

That way (as she's also gone to the OFT etc) if she wins, chances are the oft will investigate hence you'll have more chance of success or at least know you'll lose outright, if she does.

Point is that's a case you should watch then we'll chat afterwards and come up with your plan.....

If it can wait that long of course

Yes it can wait I am sure I can stall MCL a while, I will send a SAR to YB this week, didnt get round to it before as fell ill with man flu

[Never-In-Doubt]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Man flu - dying then? Glad you pulled through

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Man flu - dying then? Glad you pulled through

Was touch and go for a while

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Hi, I finally have an update. I sent letter to MCL advising them that I was to send SAR to Yorkshire Bank and would they let me know if YB was not the owner of the debt.

I have had a letter back from them saying they confirm that they are instructed by MCE Portfolio Limited (who the heck??) who was assigned the debt on 24/04/2011 (can they do this.. assign a debt AFTER it has a judgement against it?), please find enclosed the notice of assignment. Your account has been placed on hold.

The attached notice of assignment, dated 11/05/2011 was sent to my grandads house, now then MCL WERE AWARE that I was NOT living at my grandads at this time and I have proof in the form of other correspondence from them! Why on earth would they send a NOA to an address they know I do not live at? Same old same old eh Niddy!!

It states Original Creditor Yorkshire Bank
Last creditor Phonenix Recoveries
Current creditor MCE Portfolio Ltd

The letter is from MCL and states:

MCE Portfolio Ltd has had assigned to it all right, title and benefit in your above account from Phonenix Recoveries. This means that MCE Portfolio LTd is now entitled to receive payment of the outstanding balance and has the benefit of any actions taken prior to the assignment. MCE Portfolio Ltd has instructed us to deal with this account on its behalf.

So, it had the ccj back in 2007 by Yorkshire Bank and they then assigned the debt in 2011 to the people who were collecting for it! Does this mean they can attach my earnings then if I dont pay what they ask? I have sent the SAR to Yorkshire Bank but not sure this is right person now, should the SAR have gone to MCE Portfolio Ltd (which presumably is another division of MCL?

Cheers, Dan

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Yes, they can, debts can be sold/assigned whether they are live, defaulted or have judgment against.
They can't just attach your earnings, before they can do that, they would have to go back to the court to apply for an attachment of earnings.

You only have to pay the amount agreed with the court, not "what they ask". If the agreed amount is no longer affordable, you can apply to the court for a variation.
MCE Portfolio is a part of the Marlin Group of see here ---> Marlin Capital Europe

Thanks Flower, so the SAR went to Yorkshire Bank, original creditor, is this right? Also how do I find out the amount agreed by the court? There was nothing specified on the judgment they sent which I uploaded to secure area?

Thanks, Dan

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Hi, sorry to ask again but did the SAR go to the correct place.. ie Yorkshire Bank when they no longer own the debt?

Dan

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Only Niddy has access to the secure area, no-one else can get there.
Yes, you send the SAR to the OC even when they have sold the debt, because they are the ones who would have all the account history. Debt purchasers wouldn't hold all your statements, communications, etc.

Thanks again Flower,

I am not happy that they sent the NOA to the wrong address.. if they sent it at all! The address on the NOA is my grandads, I was not living there and they knew that as they were already (at that time) corresponding with me (and receiving payments from me) at a different address. Also, if they had indeed sent that NOA to my grandad then he would have given it to me, I see him twice a week every week and I only live around the corner, there is absolutely no way he would not have passed mail on to me.

Cheers, Dan

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Hi, forgot to say earlier, there was no amount agreed by the court (as far as i know), I remember agreeing an amount with MCL over the phone. If there was an amount agreed by the court then I do not know about it! How can I find out if there was? I am concious of the fact that MCL are threatening an attachment so I just want to be prepared as they are only allowing me the 40 days grace while I await the result of the SAR. Frankly I dont want to pay them another penny but I know thats not gonna happen!!

Dan