Cabot/MEIV/MORTIMER - 2007 Blackhorse Loan

[Pudwud100]

Hi

I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.

 

Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house. 

 

The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police. 

 

There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect. 

 

Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.

 

in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc. 

 

I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form. 

 

thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.

 

In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again. 

 

As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!

 

They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!   

 

I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.

 

Many thanks in anticipation.

 

 

Edited September 19, 2021 by dx100uk
Spacing

[dx100uk]

Should have ignored them from day one 

 

Never give them pers financial details only a judge can demand said 

 

Send them a cca request

They'll never have a signed agreement. Bye bye debt

 

dx