Hi , I wonder if anyone can help
I have been taken to to court by Mortimer clarke / Marlin Capital
i will bullet point my story below to try and make it easy :
and now we come to Marlin :
i have a stack of letters over the years including the stuff i mention above ...the termination letter ....the 2 ways of terminating letter etc etc
What should be my next move ?
many thanks
Flipsome
I have been taken to to court by Mortimer clarke / Marlin Capital
i will bullet point my story below to try and make it easy :
- I was one of the 100,000 people who Egg wrote to in January of 2008 saying they had terminated my Egg Card forthwith but i was to carry on paying, it wasn't a default notice ...just a letter saying the agreement was ended and had been terminated
- At the time of the termination all accounts were fully up to date and were not in default
- In June 2009 I ceased to make any further payments to Egg as the interest rates had been hiked up to astronomical rates ..and ...no longer having any agreement i was stuck
- i sent Egg a letter at the time asking which part of the consumer credit act they had used in terminating my agreement and not issuing any defaulters notice
- unsurprisingly Egg decided not to reply for quite a long time
- On 2nd July 2009 they sent a defaulters notice to me saying they were terminating my Egg agreement due to it being in default
- i replied to them that the agreement had been terminated by them voluntarily in 2008 and it was impossible to legally default on a terminated agreement
- For good measure they defaulters noticed me again on the 30th july 2009 ..again stating my agreement with them was in default
- So began 5 years of sending the same question to and fro to the various DCA's ' Which part of the consumer credit act did you use when terminating my Egg card agreement without issuing a defaulters notice '
- at one point Egg wrote to me stating ' thank you for your complaint ...there are two ways in which we can terminate an agreement ...one is by issuing a termination notice the other is by 21.2 of our terms and conditions which state .... ' we can end this agreement at any time. We normally give you 30 days advance notice by post or email. However, if there are exceptional circumstances or in any of the circumstances referred to in condition 20.2 we may end this agreement immediately and tell you about it afterwards, unless we are required by law to give you notice first ' .
- At this point i pointed out to them that their agreements are regulated by the consumer credit act and thus any termination must follow those procedures and to kindly tell me which part was compatible with what they had done in 21.2.
- nothing came back
- i conversed with Trevor Munn for a while but they quickly lost interest
- I was then conversing with Moorcroft .... who at one point made the faux pas of sending me a letter of stating ' we have spoken to orange personal communications about your dispute and found your allegations to be unfounded '
- when i pointed out to them that discussing any of my business with a third party telephone company was a breach of data protection ...they also lost interest and moved on { this letter from them has pride of place in my file}
and now we come to Marlin :
- Marlin took me to court in April 2013 in the guise of Weightmans
- i registered a defence along the lines of the above
- Weightmans withdrew the claim and advised they would no longer be dealing with it
- Marlin then began doorstepping me to try to get me to pay them money
- Mortimer Clarke has now registered the case in court again
- I have asked for a Full CPR 31.14 from them 2 weeks ago
- they sent me a letter back saying they would give me a further 28 days to defend but gave no details of when they would comply with the CPR31.14
- I rang the court who informed me Mortimer had not put a date on the extension so it was not being counted ... i have now asked Mortimer for an Exact date .....but i dont know what to do next
i have a stack of letters over the years including the stuff i mention above ...the termination letter ....the 2 ways of terminating letter etc etc
What should be my next move ?
many thanks
Flipsome
Court Case : Mortimer Clarke / Egg Banking vs Me can anyone help?
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