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Mortimer Clarke - letter before court claim

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  • Mortimer Clarke - letter before court claim

    Hi all!

    I have received a letter demanding money for a very old loan or they will issue a claim against me. can anyone advise the best way to deal with this?
    Tags: None

  • #2
    Re: Mortimer Clarke - letter before court claim

    I can't even find this account on my noddle - does this mean it is statue barred?

    Comment


    • #3
      Re: Mortimer Clarke - letter before court claim

      Hi helpmeplease123 & welcome to LB

      Originally posted by helpmeplease123 View Post
      Hi all!

      I have received a letter demanding money for a very old loan or they will issue a claim against me. can anyone advise the best way to deal with this?
      How old is the loan, is it regulated by the Consumer Credit Act & when did you pay into the account or acknowledge it in writing?

      Originally posted by helpmeplease123 View Post
      I can't even find this account on my noddle - does this mean it is statue barred?
      Not necessarily; it might just mean it hasn't been reported, or that it is reported via another credit reference agency.
      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


      • #4
        Re: Mortimer Clarke - letter before court claim

        Hi!

        Thank you for your reply.

        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.

        Comment


        • #5
          Re: Mortimer Clarke - letter before court claim

          Originally posted by helpmeplease123 View Post
          Hi!

          Thank you for your reply.

          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.
          Imho, reply with an SB letter. (Credit to @Debt Camel for the info).
          http://debtcamel.co.uk/statute-barred-debt/
          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


          • #6
            Re: Mortimer Clarke - letter before court claim

            Originally posted by charitynjw View Post
            Imho, reply with an SB letter. (Credit to @Debt Camel for the info).
            http://debtcamel.co.uk/statute-barred-debt/
            Send the 'prove it' letter to the solicitors? Thanks again

            Comment


            • #7
              Re: Mortimer Clarke - letter before court claim

              Or just go
              for the full SB letter?

              Is email sufficient? I might be running out of time to reply.

              Comment


              • #8
                Re: Mortimer Clarke - letter before court claim

                Originally posted by helpmeplease123 View Post
                Send the 'prove it' letter to the solicitors? Thanks again
                The 'prove it' letter is more general.
                http://debtcamel.co.uk/prove-it/
                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


                • #9
                  Re: Mortimer Clarke - letter before court claim

                  Originally posted by helpmeplease123 View Post
                  Send the 'prove it' letter to the solicitors? Thanks again
                  I would send the claimant a request for copy of the Welcome agreement. (CCA request) there's a template in the green box above.

                  You need a 1 postal order "marked for statutory fee only" send it by signed for post .

                  This is a backup to your SB statement.

                  nem

                  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


                  • #10
                    Re: Mortimer Clarke - letter before court claim

                    Originally posted by charitynjw View Post
                    The 'prove it' letter is more general.
                    http://debtcamel.co.uk/prove-it/
                    Can I send this via email? I think I will miss the deadline if I do it via post

                    thanks again for your help

                    - - - Updated - - -

                    Originally posted by nemesis45 View Post
                    I would send the claimant a request for copy of the Welcome agreement. (CCA request) there's a template in the green box above.

                    You need a 1 postal order "marked for statutory fee only" send it by signed for post .

                    This is a backup to your SB statement.

                    nem

                    nem
                    Thanks I shall do this too

                    Comment


                    • #11
                      Re: Mortimer Clarke - letter before court claim

                      Lol!

                      You will be sending 2 letters to the same people.

                      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


                      • #12
                        Re: Mortimer Clarke - letter before court claim

                        Originally posted by charitynjw View Post
                        Lol!

                        You will be sending 2 letters to the same people.

                        So.........

                        Ok I'm lost! What letters am I sending to who?

                        Comment


                        • #13
                          Re: Mortimer Clarke - letter before court claim

                          A CCA request & either a 'prove it' or a SB letter. ( I would simply instruct them to inform their legal representative, MC, in both letters, re the contents).
                          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


                          • #14
                            Re: Mortimer Clarke - letter before court claim

                            Originally posted by charitynjw View Post
                            A CCA request & either a 'prove it' or a SB letter. ( I would simply instruct them to inform their legal representative, MC, in both letters, re the contents).
                            Ok so I sent a CAA request and a prove it letter to ME III (who has bought the debt) and they can deal with MC?

                            sorry if I'm just rerepeating you - I just want to get it right!

                            Comment


                            • #15
                              Re: Mortimer Clarke - letter before court claim

                              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.
                              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

                              Announcement

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check your dates
                              Acknowledge a Claim
                              CCA Request Letter
                              CPR 31.14 Request Letter
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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