Egg/mortimer clarke

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Morning All,

In the seemingly never-ending paperwork trail of my mother in law's financial nightmare, Mortimer Clarke (initially via Marlin some 18 months ago) are now chasing her for a CC debt (originally Egg, then BC). No one had chased her for this debt in around 4 years so she'd just let it lie.

We asked for CCA which was provided with missing terms.

Wrote back and told them unenforceable with no details as to why.

Today she has received a new reconstituted CCA, which has all prescribed terms from what I can tell at a quick glance. They have also sent a couple of statements but the balances are showing in US dollars and not sterling!?

They have also sent an I&E form and requested it be completed so that her financial situation can be assessed.

The CC account was taken out online in August 2002 and they are saying there are no signature documents available as it was taken out online.

Statute Barred date is 11/2014 from what I can follow of the paperwork.

Is a signed document required to enforce this debt? I don't agree with her not paying it back but she has absolutely nothing more than a state pension to live off and can barely make ends meet as it is so would be offering something like £5 a month (debt is £3.5k so she'll never clear it).

Thanks for any advice.

Sazzie23

cms-help wrote: »

Morning All,

In the seemingly never-ending paperwork trail of my mother in law's financial nightmare, Mortimer Clarke (initially via Marlin some 18 months ago) are now chasing her for a CC debt (originally Egg, then BC). No one had chased her for this debt in around 4 years so she'd just let it lie.

We asked for CCA which was provided with missing terms.

Wrote back and told them unenforceable with no details as to why.

Today she has received a new reconstituted CCA, which has all prescribed terms from what I can tell at a quick glance. They have also sent a couple of statements but the balances are showing in US dollars and not sterling!?

They have also sent an I&E form and requested it be completed so that her financial situation can be assessed.

The CC account was taken out online in August 2002 and they are saying there are no signature documents available as it was taken out online.

Statute Barred date is 11/2014 from what I can follow of the paperwork.

Is a signed document required to enforce this debt? I don't agree with her not paying it back but she has absolutely nothing more than a state pension to live off and can barely make ends meet as it is so would be offering something like £5 a month (debt is £3.5k so she'll never clear it).

Thanks for any advice.

Hey sorry don't have any advice for you, but thought I'd bump the thread anyway

sourcrates

Hi,
If it dates from 2002, then they have to supply a copy of original agreement, signed, and it must include all prescribed terms applicable, within same document, the fact that it was taken out online is irrelevant, as they should of obtained a paper copy from her within 28 days of the account been opened.
A reconstituted agreement from that era is not enough to satisfy section 78 CCA 1974, plus they would need the original, if it exists, in order to take any court action, write back stating these facts, see what they come back with.

cms-help

sourcrates wrote: »

Hi,
If it dates from 2002, then they have to supply a copy of original agreement, signed, and it must include all prescribed terms applicable, within same document, the fact that it was taken out online is irrelevant, as they should of obtained a paper copy from her within 28 days of the account been opened.
A reconstituted agreement from that era is not enough to satisfy section 78 CCA 1974, plus they would need the original, if it exists, in order to take any court action, write back stating these facts, see what they come back with.

Apologies for bumping an old thread but just wanted to thank you SOURCRATES.


We wrote back and just said they hadn't provided what had been requested and the debt was unenforceable - we didn't give any details as to why, figuring they were claiming to be a firm of solicitors so ought to know!


MIL received a letter yesterday confirming agreement could not be located, agreement that the debt was currently unenforceable and that the file was being closed.