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Mortimer Clarke - letter before court claim

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  • #31
    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 this -


    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

    Comment


    • #32
      Re: Mortimer Clarke - letter before court claim

      Originally posted by helpmeplease123 View Post
      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.
      No it's not bad, but in my experience sending a SB letter can trigger not prevent a claim. Unless you're 110% certain a debt is SB it's not wise to alert a creditor to the possibility - you need to do the research first.

      In your case if your loan expiry date was 2010 (you're not sure of that yet) then the debt may be SB as long as that date is accurate and before December 2010 when the claim was issued.

      Did you stop paying completely when you could no longer afford the loan's monthly contractual payment (during the predicted life of the loan) or did you continue to make smaller/token payments for a while? This helps to determine whether a Default Notice would/should have been issued (or not).

      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


      • #33
        Re: Mortimer Clarke - letter before court claim

        Originally posted by helpmeplease123 View Post
        I sent this -

        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.
        ^^^^ if that's the letter you sent then it wasn't a letter stating the debt is SB.

        If so, then you can save that surprise (SB) for your Defence.

        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


        • #34
          Re: Mortimer Clarke - letter before court claim

          Originally posted by Diana M View Post
          No it's not bad, but in my experience sending a SB letter can trigger not prevent a claim. Unless you're 110% certain a debt is SB it's not wise to alert a creditor to the possibility - you need to do the research first.

          In your case if your loan expiry date was 2010 (you're not sure of that yet) then the debt may be SB as long as that date is accurate and before December 2010 when the claim was issued.

          Did you stop paying completely when you could no longer afford the loan's monthly contractual payment (during the predicted life of the loan) or did you continue to make smaller/token payments for a while? This helps to determine whether a Default Notice would/should have been issued (or not).

          Di
          I think I just stopped paying all together. It was so long ago. I got a letter from the solicitors today saying that a claim had been issued and the loan started in 2007 and was terminated in 2011.

          My letters will be going out in tomorrow's post.

          Comment


          • #35
            Re: Mortimer Clarke - letter before court claim

            I'm typing my CCA to the claimant. It says i am asking for documents ahead of filing my defence on xx date.

            What date would that be? There is nothing on the claim?

            Comment


            • #36
              Re: Mortimer Clarke - letter before court claim

              Sorry for all the questions - who
              do i get the postal order made out to?

              Comment


              • #37
                Re: Mortimer Clarke - letter before court claim

                Originally posted by charitynjw View Post
                Let us know when sorted.
                I sent all my letters off today - is there anything I need to be doing in the mean time?

                Comment


                • #38
                  Re: Mortimer Clarke - letter before court claim

                  Could you post up a copy of the N1 court claim form, or type out the Particulars of Claim (personal details scrubbed).
                  A CPR 31.14 request for disclosure can be made to the Claimant's solicitors.
                  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


                  • #39
                    Re: Mortimer Clarke - letter before court claim

                    Originally posted by charitynjw View Post
                    Could you post up a copy of the N1 court claim form, or type out the Particulars of Claim (personal details scrubbed).
                    A CPR 31.14 request for disclosure can be made to the Claimant's solicitors.
                    I sent the CPR request yesterday too. I'll upload pictures shortly. My phone won't let me do it for some reason. I'll upload a letter I received from the solicitor in response to my prove it letter. I did send it to ME III but the solicitor responded with dates

                    Comment


                    • #40
                      Re: Mortimer Clarke - letter before court claim

                      Originally posted by charitynjw View Post
                      Could you post up a copy of the N1 court claim form, or type out the Particulars of Claim (personal details scrubbed).
                      A CPR 31.14 request for disclosure can be made to the Claimant's solicitors.
                      please find attached the info
                      Attached Files

                      Comment


                      • #41
                        Re: Mortimer Clarke - letter before court claim

                        Originally posted by helpmeplease123 View Post
                        I sent the CPR request yesterday too. I'll upload pictures shortly. My phone won't let me do it for some reason. I'll upload a letter I received from the solicitor in response to my prove it letter. I did send it to ME III but the solicitor responded with dates
                        Ok

                        The CPR letter should have requested the agreement (I would also ask for the T&C's, as they are part of the agreement), & the Notice of Assignment.
                        This was only assigned on .26/10/2016. Seems a bit quick to be issuing a court claim; I wonder why?
                        Welcome (Cattles) are in a bit of a mess, & I believe there is a recent announcement re winding up the company.
                        Have you explored PPI repayment? (Needs to be done via FSCS).
                        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


                        • #42
                          Re: Mortimer Clarke - letter before court claim

                          Originally posted by charitynjw View Post
                          Ok

                          The CPR letter should have requested the agreement (I would also ask for the T&C's, as they are part of the agreement), & the Notice of Assignment.
                          This was only assigned on .26/10/2016. Seems a bit quick to be issuing a court claim; I wonder why?
                          Welcome (Cattles) are in a bit of a mess, & I believe there is a recent announcement re winding up the company.
                          Have you explored PPI repayment? (Needs to be done via FSCS).
                          I just sent the standard letter that is on here and asked for the agreement as that was on the particulars.

                          Ive not looked into ppi - I wouldn't of taken it.

                          What happens if they don't respond before the 33 days is up?

                          Comment


                          • #43
                            Re: Mortimer Clarke - letter before court claim

                            Originally posted by charitynjw View Post
                            Ok

                            The CPR letter should have requested the agreement (I would also ask for the T&C's, as they are part of the agreement), & the Notice of Assignment.
                            This was only assigned on .26/10/2016. Seems a bit quick to be issuing a court claim; I wonder why?
                            Welcome (Cattles) are in a bit of a mess, & I believe there is a recent announcement re winding up the company.
                            Have you explored PPI repayment? (Needs to be done via FSCS).
                            So I just received the attached.

                            Does this mean thwy dont have the necessary documents to take me to court? Will the CCJ not be made against me next week when the time
                            runs out?
                            Attached Files

                            Comment


                            • #44
                              Re: Mortimer Clarke - letter before court claim

                              Originally posted by helpmeplease123 View Post
                              So I just received the attached.

                              Does this mean thwy dont have the necessary documents to take me to court? Will the CCJ not be made against me next week when the time
                              runs out?
                              Debts are sold in large portfolio lots with very little information or documents, but the debt industry will start claims without any evidence to hand because a very, very large number of claims are not challenged and people end up with a judgement by default.

                              The on hold means nothing in terms of the court process.

                              nem
                              The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                              Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                              If you receive messages from anyone offering advice for a fee please report it to the site team.


                              Animo et fide.

                              Comment


                              • #45
                                Re: Mortimer Clarke - letter before court claim

                                Originally posted by nemesis45 View Post
                                Debts are sold in large portfolio lots with very little information or documents, but the debt industry will start claims without any evidence to hand because a very, very large number of claims are not challenged and people end up with a judgement by default.

                                The on hold means nothing in terms of the court process.

                                nem
                                Is there anything I have to do for the court process? Do I have to turn up?

                                Comment

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                                Acknowledge a Claim
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