Mortimer Clarke Solicitors

poppy1008

I have received a letter from these Solicitors referring to a CCJ against me for their Client Marlin Europe I Ltd. This is the first I have known about this and I have never heard of Marlin Europe! They are asking for all my financial details to try to make an arrangement for payment - failing which they will apply for an attachment of earnings order. Before handing over my details I would like information about this company - can I ask them for this as they are only giving me 7 days to respond?

Thanks

rizla_king

Yes you can demand they give you details of the debt. Make it clear you are unaware of this. They wont want to but tell them if they go for an attachment without giving you details you will oppose and inform the court of their refusal and report them to the FCA and SRA. Also that as even if valid this would be a judgement you would seek to set aside, so you will also bring the judges attention in those proceedings to any obstruction they may give. Do so ASAP so if they are stupid and try it then you can prove to the court they refused to give you details.

National_Debtline

Hi Poppy1008,

If you don’t recognise the debt then you can write to the claimant and ask for more details of what the original debt was. You can also make it clear that if they do not provide you with these details you will consider a formal complaint to the Financial Ombudsman Service. However, they are not required to send you these details in order to continue with court action; because the claimant has already obtained the CCJ and proven the debt to the court.

When you find out more about this debt, if you believe the judgement is incorrect; then you could consider a Set Aside application to try and dispute the judgement (you will need legal advice if you decide to do this). However, if you believe the judgement is correct you can try to vary it through the court to prevent further enforcement action (using an N245 form). But if you are too late to vary the judgement, because the creditor has already started enforcement action, you will need to make sure that you complete any attachment of earnings order forms you receive - as you only have 8 days to comply.

Laura
@natdebtline

sourcrates

poppy1008 wrote: »

I have received a letter from these Solicitors referring to a CCJ against me for their Client Marlin Europe I Ltd. This is the first I have known about this and I have never heard of Marlin Europe! They are asking for all my financial details to try to make an arrangement for payment - failing which they will apply for an attachment of earnings order. Before handing over my details I would like information about this company - can I ask them for this as they are only giving me 7 days to respond?

Thanks

You must ask for this proof in writing, as soon as possible, as they are not the most patient of DCA's, marlin Europe/Mortimer Clark are all the same company, possibly share the same offices, they just put "solicitors" on the letterhead, to intimidate you.

Get the evidence from them, and post back if you require further advise.

poppy1008

Ok so I wrote to Mortimer Clarke asking for details of the debt together with copies of any correspondence sent to me and they have replied stating it was a credit card debt terminated on 02/12/2008 assigned to Marlin on 18/09/2009. The letters they have enclosed though do not relate to me but some man in Wales!!! I am going to return the letter (keeping a copy just in case)pointing out their error and asking for copies of the correct correspondence. Should I wait a week before replying? They have also enclosed n income and outgoings form for me to complete - doers anyone have any ideas on what sort of allowances for things like tobacco and clothing and footwear should be - i do smoke (didn't think I would get an allowance for that) and only buy clothes and footwear when I have saved up!I have checked my credit file and it seems they have a wrong address on file so its no wonder I never received any paperwork! I really don't want an attachment of earnings against me but have very little spare each month anyway! I don't go out, don't drink and no longer run a car so I'm not wasting money. Any suggestions on how to proceed would be appreciated.

rizla_king

Yes demand correct details. Same points as before adding that youll tell the court SRA FCA everyone of their extra incompetance and will be reporting them to the ICO as well for breaching the data protection act.

should be thinking of pehaps doing a set aside of the CCJ once you have the info not paying these scumbags.