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Mortimer Clarke - letter before court claim

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  • #61
    Re: Mortimer Clarke - letter before court claim

    Originally posted by Diana M View Post
    If your Defence deadline is 14th January which is a Saturday then you have until 4 pm on the following working day (Monday) to file your Defence.

    It seems you may have sent a s.77-79 CCA Request so what is the status update of that?

    I can also see you were advised to send a SAR to Welcome so what was the outcome of that which may be crucial not just for your SB argument but in terms of any DN or NOA served etc?

    Can you clarify the precise name of the Claimant on the summons (N1). The Claimant has to prove that they have the legal right to claim th debt.

    Di
    The precise name is ME III Limited.

    Sorry Ry didn't quote you in my other reply, above.

    Comment


    • #62
      Re: Mortimer Clarke - letter before court claim

      Originally posted by helpmeplease123 View Post
      How would you word that?

      number 5 says - particulars of claim fail to state when agreement was entered. - my particulars does give an on or around date - shall I remove this one?
      Is the PoC accurate?
      ####
      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


      • #63
        Re: Mortimer Clarke - letter before court claim

        Originally posted by charitynjw View Post
        ####
        I have answered them? They're in two separate posts.

        I really have have no clue if it is accurate or not to be honest.

        Comment


        • #64
          Re: Mortimer Clarke - letter before court claim

          Originally posted by helpmeplease123 View Post
          I have answered them? They're in two separate posts.
          Apologies, yes you have (I'd already deleted that bit from my post, but you replied very quickly).

          I really have have no clue if it is accurate or not to be honest.
          ####
          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


          • #65
            Re: Mortimer Clarke - letter before court claim

            Originally posted by helpmeplease123 View Post
            number 5 says - particulars of claim fail to state when agreement was entered. - my particulars does give an on or around date - shall I remove this one?
            Originally posted by helpmeplease123 View Post
            I really have have no clue if it is accurate or not to be honest.
            5. The particulars of claim state the agreement was entered into on or around (date). Due to the failure to date of the Claimant & Claimant's solicitors to disclose the requested information (below, paragraph no.s 8/9 & 10/11*) the Defendant is unable to concur with the statement.
            (Or words to that effect)

            *The CPR & CCA requests
            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


            • #66
              Re: Mortimer Clarke - letter before court claim

              Originally posted by charitynjw View Post
              5. The particulars of claim state the agreement was entered into on or around (date). Due to the failure to date of the Claimant & Claimant's solicitors to disclose the requested information (below, paragraph no.s 8/9 & 10/11*) the Defendant is unable to concur with the statement.
              (Or words to that effect)

              *The CPR & CCA requests
              This is all typed up and ready to go. Am I able to show anyone to make sure it is right? Is that allowed?

              Comment


              • #67
                Re: Mortimer Clarke - letter before court claim

                Originally posted by helpmeplease123 View Post
                This is all typed up and ready to go. Am I able to show anyone to make sure it is right? Is that allowed?
                Please feel free to do so.
                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


                • #68
                  Re: Mortimer Clarke - letter before court claim

                  Originally posted by charitynjw View Post
                  Please feel free to do so.
                  Thank you. Here are some screen shots. I've not included the top part with names and claim
                  number etc.
                  Attached Files

                  Comment


                  • #69
                    Re: Mortimer Clarke - letter before court claim

                    If it were me I'd double-space the paragraphs.

                    & triple-check the content (ie para #6......no, they did not state that date in the PoC).
                    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


                    • #70
                      Re: Mortimer Clarke - letter before court claim

                      Ok will do.

                      What do you mean about number 6?

                      the only one I wasn't sure on was number 4. I haven't admitted or denied anything just stated I don't have sufficient evidence. Is that right?

                      - - - Updated - - -

                      Originally posted by charitynjw View Post
                      If it were me I'd double-space the paragraphs.

                      & triple-check the content (ie para #6......no, they did not state that date in the PoC).
                      Ok will do.

                      What do you mean about number 6?

                      the only one I wasn't sure on was number 4. I haven't admitted or denied anything just stated I don't have sufficient evidence. Is that right?

                      Comment


                      • #71
                        Re: Mortimer Clarke - letter before court claim

                        Originally posted by helpmeplease123 View Post

                        What do you mean about number 6?
                        Assigned 26/10/2016?
                        I can't see that date on the PoC.
                        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


                        • #72
                          Re: Mortimer Clarke - letter before court claim

                          That was in a separate letter from
                          the solicitors. I've attached it. Shall I leave that out?

                          - - - Updated - - -

                          Originally posted by charitynjw View Post
                          Assigned 26/10/2016?
                          I can't see that date on the PoC.
                          Please see above
                          Attached Files

                          Comment


                          • #73
                            Re: Mortimer Clarke - letter before court claim

                            Your defence is a response to the PoC, not to other communications.
                            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


                            • #74
                              Re: Mortimer Clarke - letter before court claim

                              Ohh ok. Thanks for the info! I'll have a look through now and adjust.

                              Comment


                              • #75
                                Re: Mortimer Clarke - letter before court claim

                                Ohh ok. Thanks for the info! I'll have a look through now and adjust.

                                Comment

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