Advice needed please

[jbias18]

Hi was just wondering if anyone could point me in the right direction in regards to a letter I received from Mortimer Clarke. I was sent a letter last October saying that I owed money and needed to make contact to avoid a claim being entered against me. I then sent out a cca request on October the 10th had proof and confirmation that it was received. I then sent out another letter template off another website (don't know if I can put there name)? Saying that I had still not received said cca request and that the account was unenforceable until such time this was sent and received 31st October. I then sent another template a section 10 notice I think? That was sent 15/12/14 and received. I heard nothing back apart from all information has been requested from the client which is marlin.

The debt has dropped off my credit file I defaulted around January 9th 2009 and made no payments since that.

I then receive a letter dated 19/2/15 from Mortimer Clarke with the cca and a letter stating that the clients position is that the debt is enforceable as they have complied now with section 77/78 request. They have also said that they don't agree to cease processing data in relation to 10(2) data protection act 1998 and then quote it.

They go onto say that they don't consider the processing of my data to be unwarranted and that their client has a legitimate interest in the recovery of the debt.

I know it is a bit long winded but my questions and help needed are, is it statute barred? and is the debt now enforceable or are they trying their luck with it as they didn't send the cca on time? Any help is greatly appreciated or am I best in paying to see a soliciter as it is too complicated?

[FlamingParrot]

Re: Advice needed please

Hi was just wondering if anyone could point me in the right direction in regards to a letter I received from Mortimer Clarke. I was sent a letter last October saying that I owed money and needed to make contact to avoid a claim being entered against me. I then sent out a cca request on October the 10th had proof and confirmation that it was received. I then sent out another letter template off another website (don't know if I can put there name)?

Probably best to leave out the name as it's not really relevant, so long as you were not following the '3 letter process'...

Saying that I had still not received said cca request and that the account was unenforceable until such time this was sent and received 31st October. I then sent another template a section 10 notice I think? That was sent 15/12/14 and received. I heard nothing back apart from all information has been requested from the client which is marlin.

A section 10 notice? I think I do know the website in question then... No idea what they hope to achieve with that. :noidea:

The debt has dropped off my credit file I defaulted around January 9th 2009 and made no payments since that.

Sounds like it should be SBd, only just. :whoo:

I then receive a letter dated 19/2/15 from Mortimer Clarke with the cca and a letter stating that the clients position is that the debt is enforceable as they have complied now with section 77/78 request. They have also said that they don't agree to cease processing data in relation to 10(2) data protection act 1998 and then quote it.

They go onto say that they don't consider the processing of my data to be unwarranted and that their client has a legitimate interest in the recovery of the debt.

I think I'd tend to agree with them on that one, don't see the argument against processing your data but never mind that, they reckon its enforceable because they have complied with your s.78 request, HOWEVER, it's SBd if there's been no payments since Jan 2009! :grin: :grin: :grin:

[FlamingParrot]

Re: Advice needed please

I know it is a bit long winded but my questions and help needed are, is it statute barred?

YES! :clap2: :clap2: :clap2:

and is the debt now enforceable

ABSOLUTELY NOT! :nono:

or are they trying their luck with it as they didn't send the cca on time? Any help is greatly appreciated or am I best in paying to see a soliciter as it is too complicated?

No, no reason whatsoever to pay a solicitor, SBd is very simple. Once there is a clear six year period without payments or written acknowledgment, the debt is not recoverable through the courts. SIMPLES! :thumb:

[FlamingParrot]

Re: Advice needed please

Below is a letter you can send to inform them that this debt is now statute barred:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act

Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

Digital signature (your name written in a different font)

Your name

[jbias18]

Re: Advice needed please

Thank you both for your replies. The other question I have is that I had a refund for ppi last year in march I think does that affect it being statute barred? Do I just send them a statute barred letter or let them keep chasing me? Once again thank you for all your comments been worrying about this since the letter came through as I have been working hard on clearing all my debts and thought everything was sorted.

[FlamingParrot]

Re: Advice needed please

Thank you both for your replies. The other question I have is that I had a refund for ppi last year in march I think does that affect it being statute barred? Do I just send them a statute barred letter or let them keep chasing me? Once again thank you for all your comments been worrying about this since the letter came through as I have been working hard on clearing all my debts and thought everything was sorted.

Was this refund paid out to you or offset against the debt?
I would just send them the SB letter and leave it up to them to argue the point if they can. Bear in mind court claims can still be issued for SBd debts. You can defend them, and SBd is an absolute defence, but you'd rather nip this on in the bud I should think. :thumb:

[jbias18]

Re: Advice needed please

It says on a statement that they sent 13/02/14 payment received for 238.96 then adjustment 238.96 as a debit then underneath adjustment credit for 1439.52 I cant remember im pretty sure I received a cheque from northern rock then a month later it got sold onto marlin. Thanks for the template will send it to them tomorrow

[FlamingParrot]

Re: Advice needed please

It says on a statement that they sent 13/02/14 payment received for 238.96 then adjustment 238.96 as a debit then underneath adjustment credit for 1439.52 I cant remember im pretty sure I received a cheque from northern rock then a month later it got sold onto marlin. Thanks for the template will send it to them tomorrow

Sounds like you were lucky! :whoo: :whoo: