Black Horse & Marlin - ME 111 issue court papers***Claim withdrawn with costs***

[Andyglover63]

Hi All

 

Quick bit of advice required here,

a long ongoing saga but hopefully this will now be at an end with your advice.

 

Had a loan with Black Horse and in Dec 2010 a mental breakdown occured and subsequentially my payments got 3 months in arrears,

due to other loans I consolidated and they accepted an offer, end of story ?

 

but no ...

 

. payment plan was in place and the last payment made was Aug 2011,

payments were stopped by the DRA as they wanted a new income expenditure form completing, this was done.

 

The following month a letter dated 19 Oct 2011 was sent by Marlin claiming they were Black Horse, no letterhead or anything,

 

then on 21 Oct 2011 another letter from the same company stating ME III have been assigned the debt.

 

They put a total default on my CRA files from Feb 2012.

 

None of the letters were ever sent or received and have only come to light as they are taking me to court in 2 weeks time.

 

They are also stating that they are charging extra interest on the said debt, is this legal ?

 

can they write on behalf of Black Horse?

 

Also in theory it was still with the DRA and the payment for October was not due until the end of that month.

 

No payments have been made since and the letters they alledged to have sent never arrived,

nor did the response to a CRP 34.14 or a SAR, fee paid never cashed, letter was signed for by Marlin

 

Any advice on what to do next please?

[dx100uk]

so marlin have issued a court claim form?

 

dx

[BRIGADIER2JCS]

Check credit reference files it will show who owns the debt now.

[Andyglover63]

so marlin have issued a court claim form?

 

 

 

dx

 

 

 

No ME III Ltd same company I believe, they say they act on behalf of Marlin

[Andyglover63]

Check credit reference files it will show who owns the debt now.

 

 

 

It states Marlin, odd really as I have car reports for June July Aug from the 3 CRAs and it was not on them, but it is now. They started court action in July 2012

[dx100uk]

july?

 

so what court papers have you filled in since then any?

 

dx

[dx100uk]

moved to legals

 

dx

[Andyglover63]

july?

 

so what court papers have you filled in since then any?

 

dx

I sent a counter claim for the same amount as they would not send me any details for the debt and their ref was different from that of BH.

 

They have now sent me their court forms and it is the first time I have seen the agreement and the payment statement.

 

They did not even give me time to pay the October payment which was agreed with black horse

and was paid prior to that by a cra who now when I ring them or email them the line is dead and the e mails bounce back.

 

I have requested a stay of time whilst I await the SAR to come back from black horse,

is this the correct way to go?

 

Thanks for your help so far Dx

[dx100uk]

and was paid prior to that by a cra who now when I ring them or email them the line is dead and the e mails bounce back.

 

??????

 

why are you paying a credit ref agency?

 

do you mean DCA [debt collection agancy?]

 

i think you need to tell us the whole story

 

as somethings not right here

 

dx

[Andyglover63]

Hi DX & Brigadier

 

Following on from this saga

 

the Friday before the court date on the Monday

Mortimer Clark, ME iii Ltd,

Marlin and Marlin Europe Ltds solicitor rang me ,

 

as I had tore their allegations apart and the fact that they had sent letters proffessing that Black Horse had sent them,

 

SAR from Black Horse a

 

nd the fact I am an internal investigator for Royal Mail

 

I could prove this as the indicia on their mailings were identified,

 

they dropped the debt of £6,500, which was not denied, and agreed to re pay my court costs which they have done.

 

Hope this can be of help to anyone else, and never sign any correspondence to them.

 

Thanks for you help guys

 

AG

[Andyorch]

Well done andyglover

 

I have amended your thread title to reflect your result.

 

By dropped do you mean withdrawn or discontinued.? I see they have offered your costs but what about wasted costs?

 

Delighted for you.

 

Regards

 

Andy

[BRIGADIER2JCS]

Wow what a result well done!!!