Re: Marlings UE diary
Yep it's fine mate, MCL is part of Marlin...
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Re: Marlings UE diary
Originally posted by Never-In-Doubt View PostJust get the above sent ASAP. You'll be alright.
both letters going off today pronto
niddy in an earlier message you had mentioned you didnt realise marlin were still using mortimer clarke, as ive just done the two letters to post there both going to exactly the same address in worthing sussex,
is that the norm for these type of things ?
in closer examination of the letters from marlin & mortimer clarke i can see the same printer has been used to print the two seperate letters as coding down the side of them give away when they were printed etc
also noted in an earlier marlin letter the date they typed on the letter was seven days earlier than when it actually came off the printer
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Re: Marlings UE diary
Just get the above sent ASAP. You'll be alright.
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Re: Marlings UE diary
Send this back - see how they like this beauty!!
Dear Mortimer Clarke,
Ref: xxxxxxxx
I write with reference to your letter dated 14 March 2014 and note the content with interest.
As you know full well, this account is disputed and cannot be enforced in a court of law because I have an outstanding CCA Request in line with s.78 Consumer Credit Act 1974. So long as my request remains outstanding you are forbidden from enforcement action and therefore should you continue to make such unlawful threats not only will I report you to the FCA & SRA but I will notify the court of your behaviour against a Litigant in Person should this matter actually progress to court.
I don't think it is a lot to ask you to copy the original application and associated terms and then pop them in the post to me. As you know, if you have never seen sight of these documents then you cannot realistically expect to take this to court and likewise the court will struggle to enforce any claim because the only information I have received to date is stuff I've never seen before in my life.
In your letter you make some extremely wild and inaccurate claims, such as being liable for costs and scaring me with a CCJ. I must point out that I am going to complain to the regulatory bodies regardless because we both know that as the debt itself is under £10,000 then it must be allocated to the Small Claims Track which means costs cannot be claimed against the other party so why on earth are you deliberately lying to me in your letters?
I refer you to the Practice Direction-Pre-Action Conduct (“PD-PAC”). In particular I refer you to paragraph 1 of PD-PAC which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. Compliance with the PD-PAC will mean that proceedings will be avoided if possible and cases that proceed to trial are dealt with efficiently. The court will take into account failure to comply with PD-PAC. I put you on notice that I have asked for copy documents and that you have failed to send copies of them to me. If proceedings are issued I will therefore inform the court of this and ask that sanctions are imposed for this failure and in this regard I refer you to paragraph 4.4 (4) PD-PAC which lists as an example of non-compliance with PD-PAC a circumstance where a party has - “without good reason, not disclosed documents requested to be disclosed”.
Paragraph 2.2 (1) of Annex A of the PD-PAC places on you an obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.
You will note that paragraph 3.2 (3) of Annex A of the PD-PAC permits me to “request further information to enable (me) to provide a full response”. In this instance that request is in the form of a request for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.
For the avoidance of doubt the documents that I require to be sent to me are as follows:1. The Agreement & any associated Terms & Conditions applicable to the account;2. The Notice of Assignment;3. The Termination Notice;4. The Default Notice;5. Any other documents you intend to rely on.
The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which would likely be in your possession when drafting a claim in any event so their production to me should not cause any difficulty to you. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.
You will no doubt be aware that in addition to the PD-PAC requirements there is an additional responsibility to supply documents which is imposed by the Consumer Credit Act 1974 (“CCA 1974”). A request was made under s.78 and this has not been complied with. The agreement is therefore rendered unenforceable whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and would be met by an application by me to strike out the claim as having no prospect of success.
Upon receipt of the documents requested and your reply to the above I will respond with either an offer of settlement or the grounds for my defence so that the issues can be identified.
I am willing to consider ADR upon receipt of full disclosure of documents. I cannot consider it before then as I will not have the full information before me. Failure to provide full disclosure may therefore result in an opportunity for ADR to be missed.
You will no doubt be aware of paragraph 9.7 of PD-PAC. It is my view that you will be unable to state that there has been the required compliance in the absence of full “cards on the table” disclosure of documents before proceedings have been issued. I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,
[ATTACH=CONFIG]11378[/ATTACH]
**Sign Over Signature Strip
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Re: Marlings UE diary
Originally posted by grassy_knollington View PostGrrrr that Mortimer Clarke letter makes me so mad.... "Your employment prospects may be affected" - yes, you're up s**t creek in debt, and we'll make sure you always stay that way and can't even get a decent job in the future?? Outrageous!! How exactly is that going to help them get repaid? Sorry I can't offer advice Marling, but best of luck with this.. there but for the grace of God (and Niddy's help)...
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Re: Marlings UE diary
Grrrr that Mortimer Clarke letter makes me so mad.... "Your employment prospects may be affected" - yes, you're up s**t creek in debt, and we'll make sure you always stay that way and can't even get a decent job in the future?? Outrageous!! How exactly is that going to help them get repaid? Sorry I can't offer advice Marling, but best of luck with this.. there but for the grace of God (and Niddy's help)...
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Re: Marlings UE diary
Originally posted by Never-In-Doubt View PostHmmmm I'd send it to marlin ASAP
todays post letter from mortimer clarke solicitors.
main 2 pages attatched, also includes a direct debit mandate & monthly expenditure sheet to fill in.
as i may have mentioned in an earlier message i am presently unemployed at the moment, likely to be self employed again in about four months time.
if they did go for CCJ thats not a bad thing is it as i would not be able to pay anything of any note back ?
can i wait for your re-evaluation please niddy
many thanks
marling
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Re: Marlings UE diary
Originally posted by Never-In-Doubt View PostHiya really sorry for the delay, we've had a few email issues (all sorted) - they have only sent the main agreement, but this agreement clearly links to term 5 overleaf which is missing as there are no terms attached in which case I'd send this back --> http://www.all-about-debt.co.uk/old/...escribed-terms
hi niddy
no problem, thanks for reply.
in a PM i sent you i mentioned marlin had sent me a "notice of change of agent"(emailed copy to you with CCA) appointing mortimer clarke solicitors to take recovery action,
as yet not recieved anthing from mortimer clarke. should i be sending "missing prescribed terms" to marlin now as they have passed the account onto mortimer clarke ?
await your advice please niddy
many thanks
marling
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Re: Marlings UE diary
Originally posted by marling View Post(8) Northern rock loan
start : 2/1/2007 is this ok ?
bal : £5800
last full : may 2008
present : not paying
status : unsure of situ
dca : nram
2008
july n rock - request state of affairs
july n rock - rec cccs letter
dec n rock - failed to maintain agreement
2009
may n rock - taking steps to default
july n rock - statement - with bad debt write off on it - £5.755.93 **** ?
2010
jan n rock - failed to pay
may n rock - statement - full amount again
apr allied int credit - calling card
june aic - 50% offer
2011
jan aic - final notice
mar aic - 50% offer
apr aic - offer
3/9/11 - cca request sent
sept aic - re-send to north rock
15/9/11 - cca re sent to nrock
21/11/11 nram - i have missed contract payments
2/12/11 nram - cca recieved
13/12/11 ////////////// ENFORCEABLE
11/9/12 nram - contact required letter.
2/3/13 nram - account passed to allied
2/9/13 nram - account recalled from allied for nram debt loss unit.
9/9/13 allied - 50% settlement offer.
25/10/13 nram - account passed in full to marling europe
25/10/13 marlin europe - account passed to them
21/11/13 marlin fs - reminder - doorstep threat
26/11/13 cca request sent to marlin fs + harassment threat letter
3/12/13 marlin fs - sent one page cca request reply - emailed niddyOriginally posted by marling View Postcca letter from marlin financial services - emailed niddy
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Re: Marlings UE diary
Originally posted by marling View Postbarclays overdraft
letter from sigma in reply to cca overdraft request
we acknowledge your request for a true copy of your agreement which you are entitled to recieve under section 77/78 of cnsumer credit act 1974, however as the above balance relates to a current account previously held with barclays bank, there will be no signed agreement. we have requested a copy of your statements of account, which will provide sufficient proof that the above balance remains outstanding, upon receipt these shall be forwarded onto you.
shall i wait for now and see what they do next ?
cheers marling
wait and see what they do next
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Re: Marlings UE diary
Originally posted by marling View Postfingers crossed here then
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