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Good Morning - Ive been sent here after posting on the MSE Forums. I am feeling very stressed and scared by recent correspondence I have received from Mortimer Clarke and I'm really hoping someone will be able to help me?
So basically on the 15th August I received a letter from Mortimer Clarke which stated that a claim had been issued a year ago (31st August 2017) to my old address. The letter went on to say that they had made an error on the claim by adding interest which the claimant (Marlin V Europe) did not wish to claim. It said they had been instructed by Marlin to remove the interest and make an application to re-serve the claim form..... however before they do this, they wanted to give me the opportunity to sign a Tomlin Order. (The original amount they claimed was £26k - and without interest it would only be £16k) - This is presumably why a year had passed and they hadn't requested default judgement.
My immediate response was to find a template letter online saying that the debt was statute barred as I believe the default was registered in 2010 and it disappeared from my credit file in 2016.
They wrote back saying that I had last made a payment on the account in March 2012 (I am unsure of this) and therefore at the time they issued the claim they were within the 6 year limit.
Could it be that they purposely issued a claim to an address they knew I was no longer residing at simply to "stop the clock" while they tracked me down? Hmmm!
Following advice from the MSE Forums I sent off a £1 and asked for a CCA Request. They responded on the 21st September with the following:-
1. Loan agreement with terms & conditions (This is a one page document with what appears to be my signature at the bottom dated August 2005) - They say that
"Please be advised that under the Financial Conduct Authority's Consumer Credit sourcebook at rule 13.1.4 a firm is able to reconstitute a copy of the agreement, and there is no obligation to provide a copy which includes a copy of the signature. This was also confirmed by CareyVHSBC Bank PLC (2009) EWHC 3417.
They also enclose a statement of account from the original creditor from August 2005 - December 2015, a letter dated October 2013 advising that the debt had been assigned and a signed statement of account on behalf of the claimant (which is incorrect since it has the 9k interest still on there (which they don't want to claim) plus a further £1200 interest which has just been added.
I'm sorry for the long drawn out post but I thought it best to provide as much info as possible.
The letter ends by saying "We consider that the agreement is now enforceable, if you disagree please explain why"
Is anyone please able to help me formulate a suitable response? Many Thanks in anticipation....... I will attempt to upload the loan agreement. Thank you
So basically on the 15th August I received a letter from Mortimer Clarke which stated that a claim had been issued a year ago (31st August 2017) to my old address. The letter went on to say that they had made an error on the claim by adding interest which the claimant (Marlin V Europe) did not wish to claim. It said they had been instructed by Marlin to remove the interest and make an application to re-serve the claim form..... however before they do this, they wanted to give me the opportunity to sign a Tomlin Order. (The original amount they claimed was £26k - and without interest it would only be £16k) - This is presumably why a year had passed and they hadn't requested default judgement.
My immediate response was to find a template letter online saying that the debt was statute barred as I believe the default was registered in 2010 and it disappeared from my credit file in 2016.
They wrote back saying that I had last made a payment on the account in March 2012 (I am unsure of this) and therefore at the time they issued the claim they were within the 6 year limit.
Could it be that they purposely issued a claim to an address they knew I was no longer residing at simply to "stop the clock" while they tracked me down? Hmmm!
Following advice from the MSE Forums I sent off a £1 and asked for a CCA Request. They responded on the 21st September with the following:-
1. Loan agreement with terms & conditions (This is a one page document with what appears to be my signature at the bottom dated August 2005) - They say that
"Please be advised that under the Financial Conduct Authority's Consumer Credit sourcebook at rule 13.1.4 a firm is able to reconstitute a copy of the agreement, and there is no obligation to provide a copy which includes a copy of the signature. This was also confirmed by CareyVHSBC Bank PLC (2009) EWHC 3417.
They also enclose a statement of account from the original creditor from August 2005 - December 2015, a letter dated October 2013 advising that the debt had been assigned and a signed statement of account on behalf of the claimant (which is incorrect since it has the 9k interest still on there (which they don't want to claim) plus a further £1200 interest which has just been added.
I'm sorry for the long drawn out post but I thought it best to provide as much info as possible.
The letter ends by saying "We consider that the agreement is now enforceable, if you disagree please explain why"
Is anyone please able to help me formulate a suitable response? Many Thanks in anticipation....... I will attempt to upload the loan agreement. Thank you
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