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NOTE: If you receive a court claim note these dates in your calendar ...

Acknowledge Claim - within 14 days from Service


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Mortimer Clarke - letter before court claim

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  • #16
    Re: Mortimer Clarke - letter before court claim

    Originally posted by charitynjw View Post
    As things stand at the moment (as there is no actual court claim issued yet), I personally would view MC's current status as a debt collection agent acting on behalf of the alleged owner of the alleged debt.
    In such circumstances I would want to deal with the engineer, not the oily rag.
    However, you could copy in MC with CC's of both letters (but without the £1 fee for the CCA request) if you would prefer 'belt & braces'. A covering letter - 'Please find enclosed copies of a CCA request, & a statute-barred letter, sent to your client on (date)' would be ok.
    Brilliant I'll do this tomorrow. Wish me luck!! Thanks for the excellent advice

    Comment


    • #17
      Re: Mortimer Clarke - letter before court claim

      Originally posted by charitynjw View Post
      As things stand at the moment (as there is no actual court claim issued yet), I personally would view MC's current status as a debt collection agent acting on behalf of the alleged owner of the alleged debt.
      In such circumstances I would want to deal with the engineer, not the oily rag.
      However, you could copy in MC with CC's of both letters (but without the £1 fee for the CCA request) if you would prefer 'belt & braces'. A covering letter - 'Please find enclosed copies of a CCA request, & a statute-barred letter, sent to your client on (date)' would be ok.
      I'm just looking at these letters - do they not contradict themselves if I'm asking them to prove it, then also asking to send me my credit agreement?

      Comment


      • #18
        Re: Mortimer Clarke - letter before court claim

        Originally posted by helpmeplease123 View Post
        I'm just looking at these letters - do they not contradict themselves if I'm asking them to prove it, then also asking to send me my credit agreement?
        As long as you do not admit actual liability for the debt in any way, you're covered. (If it were me I would use only the references etc that they have supplied in their letter).
        You could then argue that, although you are not in a position to comment about a debt which they allege exists, you cannot recall owing anything to anyone in well over 6 years.
        However, the main point is that it is their responsibility to prove that you are legally liable (but it would be wise of you to make further investigations anyway. If you haven't got file copies of the original paperwork etc., SAR the original lender & contact whichever bank you were using at the time to see if you can obtain statements for the relevant period).
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: Mortimer Clarke - letter before court claim

          Originally posted by charitynjw View Post
          As long as you do not admit actual liability for the debt in any way, you're covered. (If it were me I would use only the references etc that they have supplied in their letter).
          You could then argue that, although you are not in a position to comment about a debt which they allege exists, you cannot recall owing anything to anyone in well over 6 years.
          However, the main point is that it is their responsibility to prove that you are legally liable (but it would be wise of you to make further investigations anyway. If you haven't got file copies of the original paperwork etc., SAR the original lender & contact whichever bank you were using at the time to see if you can obtain statements for the relevant period).
          Sorry about all the questions - I'm just stressing out about the whole thing. So i send them this and just quote the account number on the MC letter?


          I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.
          If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.
          The FCA rules say you cannot continue any collection activity until you have done so.
          Your name

          I will definitely send a sar too - thanks.

          Comment


          • #20
            Re: Mortimer Clarke - letter before court claim

            Originally posted by helpmeplease123 View Post
            Sorry about all the questions - I'm just stressing out about the whole thing. So i send them this and just quote the account number on the MC letter?


            I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.
            If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.
            The FCA rules say you cannot continue any collection activity until you have done so.
            Your name

            I will definitely send a sar too - thanks.
            Ok to both.
            On the 'prove it', add a line to tell them to inform their monkey's*, MC to ensure that any prospective enforcement activity will be put on hold.

            *Not verbatim re 'monkeys', lol!
            CAVEAT LECTOR

            This is only my opinion - "
            Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #21
              Re: Mortimer Clarke - letter before court claim

              Originally posted by charitynjw View Post
              Ok to both.
              On the 'prove it', add a line to tell them to inform their monkey's*, MC to ensure that any prospective enforcement activity will be put on hold.

              *Not verbatim re 'monkeys', lol!
              So it's been 2 weeks and no reply and the MC phone calls have stopped. Wonder if it has worked ��

              Comment


              • #22
                Re: Mortimer Clarke - letter before court claim

                Well, the ball is now in their court.
                You have proof that you have responded to their allegation; they should provide the requested proof.
                CAVEAT LECTOR

                This is only my opinion - "
                Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: Mortimer Clarke - letter before court claim

                  Originally posted by charitynjw View Post
                  Well, the ball is now in their court.
                  You have proof that you have responded to their allegation; they should provide the requested proof.
                  Yes I've kept copies of the letters and my proof of postage. Will see what happens! Thanks

                  Comment


                  • #24
                    Re: Mortimer Clarke - letter before court claim

                    Originally posted by charitynjw View Post
                    Well, the ball is now in their court.
                    You have proof that you have responded to their allegation; they should provide the requested proof.
                    The court claim has came through today. I'll have to resend the letters again?

                    What happens if I just pay it, or is too late for that?

                    i really don't want this on my file

                    Comment


                    • #25
                      Re: Mortimer Clarke - letter before court claim

                      Hi

                      Most importantly, acknowledge the court claim.
                      Details of how to do so are in the court claim pack. (Via MCOL is convenient)
                      At the moment, defend in full; no need to admit liability just yet & you can always do this at a later stage if you wish.
                      Do not enter anything in the 'defence' box. (Your written defence can come later).
                      & if you live in England/Wales, do not contest jurisdiction.

                      This will give you a month or so breathing space.
                      CAVEAT LECTOR

                      This is only my opinion - "
                      Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #26
                        Re: Mortimer Clarke - letter before court claim

                        Originally posted by charitynjw View Post
                        Hi

                        Most importantly, acknowledge the court claim.
                        Details of how to do so are in the court claim pack. (Via MCOL is convenient)
                        At the moment, defend in full; no need to admit liability just yet & you can always do this at a later stage if you wish.
                        Do not enter anything in the 'defence' box. (Your written defence can come later).
                        & if you live in England/Wales, do not contest jurisdiction.

                        This will give you a month or so breathing space.
                        Thanks again.

                        just acknowledging it now. I need to click on i intend to defend all of the claim?

                        Ill set up a new thread once I've completed my letters?

                        Comment


                        • #27
                          Re: Mortimer Clarke - letter before court claim

                          Originally posted by helpmeplease123 View Post
                          Thanks again.

                          just acknowledging it now. I need to click on i intend to defend all of the claim? Yes

                          Ill set up a new thread once I've completed my letters?
                          No, best to continue on this one.
                          Let us know when sorted.
                          CAVEAT LECTOR

                          This is only my opinion - "
                          Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #28
                            Re: Mortimer Clarke - letter before court claim

                            Originally posted by helpmeplease123 View Post
                            The court claim has came through today. I'll have to resend the letters again?
                            Looking back through your thread I can see a lot of debate as to which letters to send so can you clarify that you did eventually send a formal CCA Request together with a £1 postal order?

                            Hopefully you didn't send the SB letter which would have given them the 'heads up' to seek out the payment history or prompted them to issue a claim on the offchance that you're wrong with the dates.

                            Di
                            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                            This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #29
                              Re: Mortimer Clarke - letter before court claim

                              Originally posted by helpmeplease123 View Post
                              In all all honesty I have no idea. I stopped paying it around 2008 - it is with welcome finance for £960. I don't even know where to find any information on it. It's been a long time since it has been acknowledged, I don't believe I have acknowledged it since then.
                              Since this was a loan (fixed term credit not running credit) when was the loan due to expire regardless of your last payment date?

                              With loans the expiry date can have an impact on the SB date.

                              Di
                              Last edited by Diana M; 17th December 2016, 11:21:AM. Reason: typo
                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment


                              • #30
                                Re: Mortimer Clarke - letter before court claim

                                Originally posted by Diana M View Post
                                Since this was a loan (fixed term credit not running credit) when was the loan due to expire regardless of your last payment date?

                                With loans the expirey date can have an mpact on the SB date.

                                Di
                                I sent the SB letter. Is that bad??

                                i honestly can't remember when it was due to expire. Maybe 2009/2010 but I guessing.

                                Comment

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