marlin 11 mortimor clark

[Guest]

Re: marlin 11 mortimor clark

good afternoon the sum was for 8500 they have added there money on top to make it over 10k I forgot that when I looked at the POC I see it . the DN letter has no date on it or account number the letter came as you see it I did not block nothing out they did that's why it could relate to anybody not even a name , the account number yes was on the screen shot of the log which you kindly got blocked out hope this helps thanks

[Diana M]

Re: marlin 11 mortimor clark

the DN letter has no date on it or account number the letter came as you see it I did not block nothing out they did that's why it could relate to anybody not even a name

Unless we're talking about a different DN the one you've uploaded in post # 11 image 123.jpg says in Paragraph 2 "you must pay £BLANK into your account number BLANK BLANK before BLANK."

Then in Paragraph 6 it says "we will terminate the agreement with you and close your credit card account BLANK BLANK . . . "

You've redacted the exact numbers but they appear to have been there in the original which I presume you've got.

Then at the top on the right of the DN letter it says "Date: BLANK" which you have redacted. If there was no date on that letter you wouldn't need to have blanked it out.

Di

[Guest]

Re: marlin 11 mortimor clark

hi di sorry there are cross wirers here. I did not blank out any of it that's what they gave me exactly as you see it all blacked out I did mention this earlier on in this post I have not blanked out nothing only one line in the TC that I posted up, thast the only DN I have and the screen shot with the account number in which you took out for me

[Guest]

Re: marlin 11 mortimor clark

di looking at the DN yes they also blanked out the date

[Guest]

Re: marlin 11 mortimor clark

Unless we're talking about a different DN the one you've uploaded in post # 11 image 123.jpg says in Paragraph 2 "you must pay £BLANK into your account number BLANK BLANK before BLANK."

Then in Paragraph 6 it says "we will terminate the agreement with you and close your credit card account BLANK BLANK . . . "

You've redacted the exact numbers but they appear to have been there in the original which I presume you've got.

Then at the top on the right of the DN letter it says "Date: BLANK" which you have redacted. If there was no date on that letter you wouldn't need to have blanked it out.

Di

I did state in my very first post that the DN was sent to me blacked out by them marlin 11 I have not blacken out nothing the date every thing was missing from it names address account numbers

[Guest]

Re: marlin 11 mortimor clark

only me hope im not a pest:tongue2: I have this piece of paper now I did black this out lol
on the letter it said about pages 3 it does not relate to the TC I have in fact got nothing that this refers to and also its page 4 of 8 I have none of the other pages just doing my detective work could all be worthless info im giving you

[Guest]

Re: marlin 11 mortimor clark

good evening any up date please on what I have sent , just worried many thanks x

[pt2537]

Re: marlin 11 mortimor clark

only me hope im not a pest:tongue2: I have this piece of paper now I did black this out lol
on the letter it said about pages 3 it does not relate to the TC I have in fact got nothing that this refers to and also its page 4 of 8 I have none of the other pages just doing my detective work could all be worthless info im giving you

Hi

If the attached document was sent as a reply to a request under s78(1) Consumer Credit Act 1974 then omg they have some problems, the requirements are very clear that the complete agreement must be provided not just part of it, so as i say if thats an s78 reply they are in trouble.

Apologies though as i havent read the whole thread.

[Diana M]

Re: marlin 11 mortimor clark

on the letter it said about pages 3 it does not relate to the TC I have in fact got nothing that this refers to and also its page 4 of 8 I have none of the other pages just doing my detective work could all be worthless info im giving you

It's not worthless information you're giving me, but it may be worthless to the Claimant

You need to look at that one-off page in conjunction with the other documents you've uploaded in post # 27 (& 26) and the ones you've not yet uploaded but you say you have received.

I'm struggling to read the fuzzy wuzzy details but it looks like the document in your last post belongs to a template originating in 06/06 (June 2006) but the document in post # 27 (image105.jpg) may have a reference to XX/07 but it's not at all clear.

You opened this account in 2008 so either templates would be feasible but if they're supposed to be part of one agreement then they need to be in sync with each other. (You've uploaded a Page 3 of 8 and a Page 4 of 8.)

At the moment you're waiting for Directions from your local county court following a stay of these proceedings for the last two years. You've received a Notice of Transfer of the proceedings from NCCBC but you've not said what triggered that (have you also received a Directions Questionnaire which is how they knew which was your local county court)?

You've said that a Summary Judgement application has not been made (you'd possibly misunderstood Mortimer Clarke's threat) but it appears an application to lift the stay has been made.

Have you received any Order from the court which may look like an ordinary letter but is really a more formal document?

Ideally you would post up a diary of events to put things in context

Di

[Guest]

Re: marlin 11 mortimor clark

thank you pt2537 I will certainly follow your blog :goodjob: it put a smile on my face when you said there in trouble if that's all they have sent , no on my thread page 26 27 shows other stuff they had sent it would be so nice if that were the case I think I would certainly sleep better all the best and thanks

[Guest]

Re: marlin 11 mortimor clark

It's not worthless information you're giving me, but it may be worthless to the Claimant

You need to look at that one-off page in conjunction with the other documents you've uploaded in post # 27 (& 26) and the ones you've not yet uploaded but you say you have received.

I'm struggling to read the fuzzy wuzzy details but it looks like the document in your last post belongs to a template originating in 06/06 (June 2006) but the document in post # 27 (image105.jpg) may have a reference to XX/07 but it's not at all clear.

You opened this account in 2008 so either templates would be feasible but if they're supposed to be part of one agreement then they need to be in sync with each other. (You've uploaded a Page 3 of 8 and a Page 4 of 8.)

At the moment you're waiting for Directions from your local county court following a stay of these proceedings for the last two years. You've received a Notice of Transfer of the proceedings from NCCBC but you've not said what triggered that (have you also received a Directions Questionnaire which is how they knew which was your local county court)?

You've said that a Summary Judgement application has not been made (you'd possibly misunderstood Mortimer Clarke's threat) but it appears an application to lift the stay has been made.

Have you received any Order from the court which may look like an ordinary letter but is really a more formal document?

Ideally you would post up a diary of events to put things in context

Di

yes I will certainly do that put things in context , just to let you know that fuzzy wuzzy piece of paper is even worse to read the upload of this has made it better if that makes sense, goodnight and thanks di

[Guest]

Re: marlin 11 mortimor clark

You've said that a Summary Judgement application has not been made (you'd possibly misunderstood Mortimer Clarke's threat) but it appears an application to lift the stay has been made.

this is the letter I got that made me say summary judgement I got this on the 24 dec 2016

Have you received any Order from the court which may look like an ordinary letter but is really a more formal document

the only document I have from the court was headed Notice of transfer for proceedings im guessing this is what triggered this all again hope this helps thanks Di

[Guest]

Re: marlin 11 mortimor clark

You've said that a Summary Judgement application has not been made (you'd possibly misunderstood Mortimer Clarke's threat) but it appears an application to lift the stay has been made.

this is the letter I got that made me say summary judgement I got this on the 24 dec 2016

sorry I don't think you can read the last letter here it is again

Have you received any Order from the court which may look like an ordinary letter but is really a more formal document

the only document I have from the court was headed Notice of transfer for proceedings im guessing this is what triggered this all again hope this helps thanks Di

new letter is here hope its readable

[Diana M]

Re: marlin 11 mortimor clark

As that letter from Mortimer Clarke says if an Application for a Summary Judgment is made by the Claimant you will get served with it. That hasn't happened yet but it may be in the pipeline because they appear to have made an Application to lift the stay.

To obtain a SJ they will have to convince the court that your Defence has no prospects of success. The court will have to decide whether you have triable issues i.e. have you put forward arguments in your Defence which deserve to be considered by the court or is it a waste of time and money to keep going.

So what did you file as your Defence?

Since the Claimant has only just disclosed documentation (two years after you filed your initial Defence) you may wish to file an Amended Defence with the court's permission.

You've not received a SJ application yet so this is all speculation at the moment. What you need to do is get prepared in case it does happen so you can contest it.

So I suggest you send a Subject Access Request to the Halifax to get the full history of the account. That way you'll know from the Transaction Log what date the DN was served (if at all) and lots of other information which may help your case.

Di

[Guest]

Re: marlin 11 mortimor clark

hi Di and thanks for your reply. two years ago I said to marlin I was going to get a sar from Halifax but I never bothered as silly me thought as the 28 days had passed the first time this was from bulk centre they had given up, they did not pursue the matter anymore once I told them I will no longer be answering any of there letters as they were out of time to write to me with the same old questions and not answering any of mine. , I have already contacted my local court by email that if the stay is lifted I would like to amend my defence and I asked for direction from the judge when and if this happens ,I will get the sar sent off as soon as poss, what a mess im in big thanks Di :goodjob: