Mortimer Clarke Solicitors/DCA Advice Needed Please - Worried Sick :-(

filbertchick

Hi all,

I had a loan with Northen Rock back in 2007 and due to financial difficulties fell into arrears and subsequently defaulted. I wrote to NR explaining my situation and asked for help - never got any. The loan was then sold onto various DCAs but nothing ever came of it. However, since December 2013 I've had letters from a company called Marlin Financial Services and now their "solicitors" Mortimer Clarke.

The letter in February from them threatened me with Court action etc which scared the bejaysus out of me and I made them a token payment of £10. Heard nothing more.

Last week I received another letter from them saying I now owed them £10800!! And this has left me feeling worried sick. My original debt was £7800. Why have they upped my debt to this? And what should I do? I don't dispute the debt I had with Northern Rock at all...however, I do dispute owing £10800! They state in the letter that they will take me to court etc if they don't hear from me within 14 days. The letter was dated 31/03 so I am obviously running out of time now. I don't want to go to court etc.

Please help

DCFC79

I wonder if the extra 3k is all charges, maybed ask them for a breakdown and you should see whhat the extra 3k is for.

filbertchick

DCFC79 wrote: »

I wonder if the extra 3k is all charges, maybed ask them for a breakdown and you should see whhat the extra 3k is for.

Charges for what? Sorry if I'm being naive.

The letter I had from them in Feb was saying I owed £7800.
The letter I had in March says I owed them £10800. No explanation as to why they have added that amount and in such a short space of time.

I've been doing some research into these and they don't seem very nice.

Tixy

When did you originally stop payments?
When did you last write to them to explain your circumstances/offer reduced payment or similar?

The £10 payment you made - was that this February 2014?

Where in the UK do you live? (as the legislation is different in Scotland)

filbertchick

Tixy wrote: »

When did you originally stop payments?
When did you last write to them to explain your circumstances/offer reduced payment or similar?

The £10 payment you made - was that this February 2014?

Where in the UK do you live? (as the legislation is different in Scotland)

I defaulted on my loan in 2009. I wrote to Northen Rock at the time explaining my financial difficulties etc and never had any response from them. Still have the postage receipt for those actually!! I had letters from Debt Collectors to begin with but my attitude was "screw them" because they didn't help me when I asked for it. I then didn't hear anything for years...well, until Dec last year when this Debt Collection Agency contacted me.

Yes, £10 was in Feb this year after I got the first letter threatening me with court action. Just wanted to show them that I wasn't ignoring their letters.

I'm in the UK

I've read no end of stuff online about Mortimer Clarke/Marlin Financial Services and they really do seem like a difficult company to deal with. I just don't want to start paying them money if they're going to keep demanding more and upping what I owe. As far as I'm concerned I owe £7800 and I am sticking to my guns on that one.

National_Debtline

Hello there,

There could be a few options here. Would you mind telling us when in 2007 you took the loan out? This is an important question as the advice you will be given may be different depending on when the agreement was entered into.

Best wishes,

David @ NDL.

Tixy

Right so if it was 2009 then the debt is not statute barred.

But they do need to provide you with an explanation of the balance paid and proof of the debt. No more phone calls to them, do everything in writing.

I would start by writing back to them with the prove it letter (I know you are not actually disputing the debt but you still want proof from them). Letter when you know nothing about about the debt - AKA "Prove it" letter

Depending on what they then send you may then need to then write to ask them for a full breakdown of the debt, copies of the agreement etc.

filbertchick

National_Debtline wrote: »

Hello there,

There could be a few options here. Would you mind telling us when in 2007 you took the loan out? This is an important question as the advice you will be given may be different depending on when the agreement was entered into.

Best wishes,

David @ NDL.

Hi,

I took it out in 14th March 2007.

I've just looked on my credit report and my Northern Rock default is no longer there. In its place is one for Marlin Financial Services for the amount of £7810, entered onto my report on 9th March 2014.

Thanks

Tixy

At some point you will definitely be able to dispute that new entry on your file. It absolutely shouldn't be there and is not allowed. But first I would still start with the prove it letter.

filbertchick

Tixy wrote: »

At some point you will definitely be able to dispute that new entry on your file. It absolutely shouldn't be there and is not allowed. But first I would still start with the prove it letter.

Ok thankyou, I will do that for now.

Are they breaking the law by doing that? It's really shocked me to see it on there. Thing is, it says all the same dates etc as the Northern Rock one did eg date I took out the loan, date I defaulted.

Tixy

Sorry I misunderstood and thought you meant that it showed a default date of 9 March 2014 - is the default date the same date as NR used?

If the default date is still the original date then it is allowed (sorry for the confusion).