DCA Marlin/Mortimer Clarke solicitors help plz

melie3

hi all,
ive had letters from marlin recoveries, whom have bought a CC debt. i request my CCA last week and put in a token payment, so far not heard from them regarding it.
just got a letter from mortimer clarke solicitors. they require the amount in full in 7 days, and if not made are taking us to court. im a bit !!!!!! now, as the orginal amount of debt was £3727, now they have increased it to £4869!!! £1141 more. this mortimer clarke are at the same address as marlin. i know that as im asking for CCA they cant do anything yet, but what about the increase amount. i used to be on a DMP with CCCS until november where it was cancelled so i can pay my mortgage arrears. i feel im just digging in the hole again, and just getting worse and worse off.


ive just rang these lowlifes, as i sent my CCA. they said that they will not and dont have to send the CCA as its a closed debt???? and its now registered so they are taking me to court for the higher amount, which is interest from march 2006. whats this mean????
help appreciated
kind regards mel

melie3

bumping.......

Donedoingdebt

Some more knowledgeable people may be along soon, but as far as I'm aware, if they don't have the original CCA then they can't prove the debt in a court. However, as you've made token payments to the account, it may be seen as an admission that the debt is yours.
The amount they're charging you for interest looks to be around 15% over 2 years which looks about right.
If this account was part of your DMP with CCCS, it may be worth asking them if this creditor had agreed to freeze interest for the duration of the DMP. If they did then you may have an argument against the DMC/solicitors adding on the interest now.

stapeley

They are stalling you , trying to pressure you into paying. Did you ask for a notice of ASSIGNMENT ? Remember that they have bought the account , so only paid 10p-20p in the £1 for it. Do not speak to them on the phone , only contact them my letter and keep copies . DCA often use this ploy of in house solicitors its scare tactics . Calling a closed debt is just b-llshit . Stick to your guns , as the DCA , recieved a CCA REQUEST action is not allowed on the account until the CCA is supplied. Remind them of this and the solicitors .

melie3

stapeley wrote: »

They are stalling you , trying to pressure you into paying. Did you ask for a notice of ASSIGNMENT ? Remember that they have bought the account , so only paid 10p-20p in the £1 for it. Do not speak to them on the phone , only contact them my letter and keep copies . DCA often use this ploy of in house solicitors its scare tactics . Calling a closed debt is just b-llshit . Stick to your gums , as the DCA , recieved a CCA REQUEST action is not allowed on the account until the CCA is supplied. Remind them of this and the solicitors .

hi again,ive today spoken to CCCS regarding the problems im facing with mortimer clarke.
they said that its the original lender who has to supply the CCA not the DCA. is this right?? i thought if they own the debt then they need to produce this, by CCCS said they dont need to produce it at all!
they also said that the DCA can add charges, so im left with a shiny new £1100 extra debt.... just for being in mortgage arrears, and having to cancel the DMP.
i had a horrible nights sleep, woke up with pins and needles in my arm and leg. i think its just stress i cant switch my brain off.
i just feel in a hole, this DCA wouldnt accept anything lower than £400p/m. obviously i dont have that amount, so they have backed me into a corner.

melie3

(((bumping)))

stapeley

The correct imformation is not always supplied by CCCS or OFT . It can be a right mess . It can be differant with an overdraft . I advise you to go onto the CAG WEBSITE . far more legal people on there .

stapeley

If they intend to take you to court ,they have to have proof of assignment and a copy of a signed Agreement . DEBT

stapeley

If they intend to take you to court ,they have to have proof of assignment and a copy of a signed Agreement . Debts are unenfoceable without these . Do not believe

stapeley

If they intend to take you to court ,they have to have proof of assignment and a copy of a signed Agreement . Debts are unenfoceable without these . Do not believe what they say . Sound as if you have nothing to lose by being taken to court anyway .just be sure you put in a defence if your ever receive any court papers . There is loads of advise on CAG well worth reading some posts on there .