Marlings UE diary

[marling]

Re: Marlings UE diary

How much is owed on this account?

£5700

[Never-In-Doubt]

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

[Never-In-Doubt]

Re: Marlings UE diary

Just get the above sent ASAP. You'll be alright.

[marling]

Re: Marlings UE diary

Just get the above sent ASAP. You'll be alright.

can i just say a big thanks to all help & posters on what has been first awkward obstacle in my journey

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

[Never-In-Doubt]

Re: Marlings UE diary

Yep it's fine mate, MCL is part of Marlin...

[marling]

Re: Marlings UE diary

(2) Lloyds credit card
started off as an easymoney card then taken over by lloyds.

start : not sure / pre 2007
bal : £6000
last full : may 2008
present : £5 door colection
status : default(have letter)
dca : moorcroft

2008
oct sechiari clark mitchell - court proceedings
dec mha collections - referred
2010
mar wescot - instructed
apr wescot - final notice
apr wescot - 50% discount
oct hl legal collect - instructed by apex credit
2011
apr midas credit - litigation / part of moocroft
1/9/11 cca request sent
sept moorcroft - re send cca request signed
15/9/11 re sent cca - with demand sig
19/11/11 they recieved cca
26/9/11 forwarded to clients - will re chase debt
5/11/11 moorcroft - saying lloyds have given me information - nothing recieved by me.
3/1/12 moorcroft - auditors asking me to agree by balance and last payments paid
9/1/12 wescot - notice of debt collection
20/1/12 wescot - final notice
4/2/12 nelson - 50% offer
3/1/13 lloyds - account passed to mackenzie hall
25/7/13 capquest - saying account has been SOLD to them
24/12/13 capquest - debt has been returned to capquest
6/2/14 capquest - threat of court action - charging order on house
11/2/14 sent cca request to capquest
21/2/14 capquest - they are awaiting reply from Lloyds - on hold till 15/3/14

letter from capquest, or should i say massive A4 package from capquest re my recent CCA request,
well over 50 pages of photo copies of my monthly statements from easymoney credit card.
"please be advised we are still awaiting for the rest of the documentation you requested under CCA 1974"
so i will await next letter/documents

[marling]

Re: Marlings UE diary

Just get the above sent ASAP. You'll be alright.

letter from mortimer Clarke


i am going to treat your letter as a complaint. i will investigate the background
to this matter and will aim to write to you with details of my findings within 4 weeks
of receipt of your letter (22/4/14). if i cannot write to you by that date for any reason, i will contact you again,
and let you know when you can expect to hear from me, this matter will of course remain on hold in the meantime.

will await next letter

[marling]

Re: Marlings UE diary

Send this back - see how they like this beauty!!

hi all
attention niddy please, account #8 on page 1 of my ue diary


two letters from mortimer clarke re reply to niddy post #242



first letter a kind of an apology for not fully complying.



second letter, has attatched CCA plus other documents
the CCA is the same one i sent to niddy on 2/12/2011 which niddy found ENFORCEABLE.



can i await for your help please niddy

many thanks in advance
marling

[marling]

Re: Marlings UE diary

hi all
urgent help/advice need please
attatched is termination notice from my woolwich mortgage.
i have 3 mortgage accounts with the woolwich, the first two are the main proper mortgages.
this one here is a mortgage current account which i dont think is secured on the property and is owing £6000, i am only £400 of it being back in line if you know what i mean.
obviously got problems with main morgage too, presently unemployed, but should be back on my feet within 2 to 3 months.
what do you make of the letter and what measures do you think they can take ?
many thanks in advance
marling

ps: could someone also have a look at my post #248, i was hoping niddy could look at it but with his up-coming holiday he might not get chance to see it.

[PlanB]

Re: Marlings UE diary

attatched is termination notice from my woolwich mortgage.
i have 3 mortgage accounts with the woolwich, the first two are the main proper mortgages.
this one here is a mortgage current account which i dont think is secured on the property and is owing £6000, i am only £400 of it being back in line if you know what i mean.
obviously got problems with main morgage too, presently unemployed, but should be back on my feet within 2 to 3 months.
what do you make of the letter and what measures do you think they can take ?

Whenever I hear the word *mortgage* I sit up and pay attention.

Give me a brief outline of the problems you've got with your main mortgage which may be a different (albeit linked) issue to your current account woes to see if I can help you with that on a separate thread in our Debt & Housing section

[IF]

Re: Marlings UE diary

Hi, just checking if all is OK?

Best wishes
IF

[marling]

Re: Marlings UE diary

Hi, just checking if all is OK?

Best wishes
IF

hi, apologies, yes all ok diary wise, very quiet, an odd letter of offering reductions nothing more, so pleased with things in general

many thanks marling

[IF]

Re: Marlings UE diary

hi, apologies, yes all ok diary wise, very quiet, an odd letter of offering reductions nothing more, so pleased with things in general

many thanks marling

I'm pleased all is well and thank you for letting us all know

[SaltnVinegar]

Re: Marlings UE diary

Hi Marling

Its been a while since we've seen you! Hopefully this is good news and all is quiet with you!

Best
SnV

[PlanB]

Re: Marlings UE diary

attatched is termination notice from my woolwich mortgage.
this one here is a mortgage current account which i dont think is secured on the property and is owing £6000, i am only £400 of it being back in line if you know what i mean.
obviously got problems with main mortgage too, presently unemployed, but should be back on my feet within 2 to 3 months

Did the Woolwich shown forbearance with your mortgage arrears situation?

We have a another member fighting them and so far they've managed to keep things at arm's length a year later.

I'm here to help if you need anything.

Plan B x