Egg -> barclays -> marlin -> mortimer clarke solicitors

[freedom_28]

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. Previous letter mentioned veiled threats of legal proceedings etc.

 

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.

[oleg]

A reconstituted agreement satisfies a s.78 CCA request but usually a court will not enforce if you request the claimant to produce the original.

I'm not sure how this works in the case of applications made online though.

Others will no doubt be able to say.

 

Meanwhile, have you entered Mortimer Clarke in the search box to read comparable threads? Plenty to digest.

 

Given mother in law's age and financial status, I would doubt whether M C would pursue.

 

Personally I would say not but others may well prefer a more cautious path.

 

I would certainly not advise that she offer money she can't afford.

 

A court would not demand more than token payments or it may even cancel the debt -

and M C know that.

I'm assuming she doesn't own her own home.

[freedom_28]

A reconstituted agreement satisfies a s.78 CCA request but usually a court will not enforce if you request the claimant to produce the original. I'm not sure how this works in the case of applications made online though. Others will no doubt be able to say.

Meanwhile, have you entered Mortimer Clarke in the search box to read comparable threads? Plenty to digest.

Given mother in law's age and financial status, I would doubt whether M C would pursue. Personally I would say not but others may well prefer a more cautious path.

I would certainly not advise that she offer money she can't afford. A court would not demand more than token payments or it may even cancel the debt - and M C know that.

I'm assuming she doesn't own her own home.

 

Thank you. No, she has never owned any property her entire life - always been council accommodation.

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[dx100uk]

you could send an sar to the Canadian square address

 

I bet they have no docs.

 

dx

[freedom_28]

you could send an sar to the Canadian square address

 

I bet they have no docs.

 

dx

 

Sorry for being a little dense

but could you possibly explain what that would achieve please?

 

And does an SAR request mean that she would be admitting the debt

(and, therefore, restarting the statute barred clock)?

 

What would we be looking for with an SAR request?

 

And should that be sent to Egg, BC, Marlin or Mortimer Clarke?

 

She has already been sent a reconstituted CCA (which someone has indicated satisfies the S78 CCA request),

although there are no signatures due to it being an online application (they say).

[slick132]

Hi Freedom,

 

The SAR would hopefully produce a/c statements but sometimes other useful data can turn up. You can start the SAR letter saying, "I do not acknowledge any debt owed to your company."

 

Do you have all the a/c state's and, if so, have you checked for PPI and for penalty charges which could be reclaimed with interest to reduce the balance owed.

 

I don't know if they'll let the SB date pass but there's a fair few months before then. Depending on what happens, it may be best to do the I&E forms and offer whatever small sum is affordable.

 

[dx100uk]

Egg PPI SAR

......................... ................

 

Canada Square Operations

PO Box 4903

Worthing

BN99 3AR

 

0800 358 2101 - Egg PPI/canada square operations

[freedom_28]

Hi Freedom,

 

The SAR would hopefully produce a/c statements but sometimes other useful data can turn up. You can start the SAR letter saying, "I do not acknowledge any debt owed to your company."

 

Do you have all the a/c state's and, if so, have you checked for PPI and for penalty charges which could be reclaimed with interest to reduce the balance owed.

 

I don't know if they'll let the SB date pass but there's a fair few months before then. Depending on what happens, it may be best to do the I&E forms and offer whatever small sum is affordable.

 

 

She knows she didn't have PPI on it but what charges could be reclaimed?

 

I thought you could only go back 6 years (from google searching)

and she's not paid anything on it for 5 years 6 months.

 

There has been no interest or other charges added since the card was terminated/defaulted

as she has the last statement (only) and the amount matches the printout she has been sent from Mortimer Clarke

- although the printout from MC uses the $ symbol and not £ !!

 

How far back could we ask for statements from if we were to look at reclaiming charges?

 

Whilst I am loathe to, we could help her out if they'd accept a low F&F settlement

as part of me says if they wanted to issue court proceedings against her

they would have done so by now.

 

But not sure what value to start at with F&F.

[dx100uk]

for online agreements from the date

 

they cant rely upon the omline no sig one.

 

they would have sent an agreement to sign and return.

 

atleast that seems the MO going by other EGG threads of this era.

 

i'm minded to let this run a bit

 

see where they go.

 

dx

[slick132]

I agree.

 

See whether they decide to pursue this vigorously or not.

 

Penalty charges can be reclaimed for the past 6 years AND for older periods by taking court action. However, given your circumstances, I would only do this as a counterclaim if they take court action first.