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**DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

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  • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    Originally posted by happyharry View Post
    Hi Nem,

    I can see the original dates on there. I've had the first begging letter since the claim was discontinued just as you suggested i might.

    I had another alleged debt with dlc which they wrote to me about last year and said as they couldn't substantiate the suggestion it was my debt they would close the account. That still shows on my agreement. Should it be removed?
    On your credit files H?

    nem
    Last edited by Kati; 27th April 2017, 09:09:AM.
    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.

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    • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

      Yes, should it be removed from the credit file or as there is still a debt it stays for the 6 years from Default?

      Originally posted by nemesis45 View Post
      On your credit files H?

      nem
      Last edited by Kati; 27th April 2017, 09:09:AM.

      Comment


      • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

        Originally posted by happyharry View Post
        Yes, should it be removed from the credit file or as there is still a debt it stays for the 6 years from Default?
        Yes all defaulted accounts are removed on the 6th anniversary of the default date, the debt still exists.
        nem
        Last edited by Kati; 27th April 2017, 09:09:AM.
        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.

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        • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

          I thought so . . . Thanks

          Comment


          • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

            [MENTION=55034]nemesis45[/MENTION]

            I have had constant letters since they dropped the claim, they are now writing to me suggesting they will pass the debt on to another dca. I presume they are at liberty to do this, but would they other dca be able to make another claim? Not sure how these things tend to pan out?

            Any advice ?

            Comment


            • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

              [MENTION=55034]nemesis45[/MENTION] . . . Hi Nem, I was wondering if you could take a look at my last question if you have time please?


              Originally posted by happyharry View Post
              @nemesis45

              I have had constant letters since they dropped the claim, they are now writing to me suggesting they will pass the debt on to another dca. I presume they are at liberty to do this, but would they other dca be able to make another claim? Not sure how these things tend to pan out?

              Any advice ?

              Comment


              • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

                I'm sure they OR another dca would not be able to bring another claim after discontinuing but I'll tag [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] for confirmation (Nem's been away [MENTION=35838]happyharry[/MENTION])
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

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                • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

                  Originally posted by happyharry View Post
                  @nemesis45 . . . Hi Nem, I was wondering if you could take a look at my last question if you have time please?
                  Hello Harry,
                  I'm sorry I have not been able to respond, just recovering from major cervical spine surgery.
                  Mortimer Clarke, DLC, Cabot quite often threaten to " sell on " alleged debts they fail to collect or enforce in court.
                  A debt purchaser should not sell a debt without disclosing the current status of the debt and I doubt that a 2nd bite at the cherry will be allowed.

                  Keep the notice of discontinuation safe.

                  Good luck!!

                  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


                  • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

                    [MENTION=55034]nemesis45[/MENTION] - I hope the surgery went well! You should be resting up not replying but i appreciate it. I'll keep everything filed! Hope your feeling better soon!

                    Comment


                    • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

                      Originally posted by happyharry View Post
                      @nemesis45 - I hope the surgery went well! You should be resting up not replying but i appreciate it. I'll keep everything filed! Hope your feeling better soon!
                      Thanks Harry!!!
                      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


                      • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

                        Originally posted by happyharry View Post
                        would they other dca be able to make another claim?
                        The answer to your question is since you filed your Defence before the claim was Discontinued the creditor (or any subsequent owner of the debt) cannot issue a new claim based on the same or substantially the same facts without permission from the court which they are unlikely to get.

                        This would also include any legal arguments which you pleaded in your Defence even if they weren't mentioned or referred to in the Particulars of Claim.

                        If any DCA or future owner writes to you just send them a copy of the Notice of Discontinuance with a one-liner which simply says "please see attached".

                        Debt purchasers get minimal information when they buy a debt (name, account number, balance outstanding and last known address) and are unlikely to know the history so enlighten them with a copy of that Notice.

                        I don't know when you last made a payment towards the debt (sorry I haven't read back through your thread) but when a claim is Discontinued the Statute Barred clock starts ticking again as if the claim never happened, so with any luck your debt will become SB before anyone else gets involved anyway

                        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


                        • Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

                          Thank you for the info! Makes complete sense . . .


                          Originally posted by Diana M View Post
                          The answer to your question is since you filed your Defence before the claim was Discontinued the creditor (or any subsequent owner of the debt) cannot issue a new claim based on the same or substantially the same facts without permission from the court which they are unlikely to get.

                          This would also include any legal arguments which you pleaded in your Defence even if they weren't mentioned or referred to in the Particulars of Claim.

                          If any DCA or future owner writes to you just send them a copy of the Notice of Discontinuance with a one-liner which simply says "please see attached".

                          Debt purchasers get minimal information when they buy a debt (name, account number, balance outstanding and last known address) and are unlikely to know the history so enlighten them with a copy of that Notice.

                          I don't know when you last made a payment towards the debt (sorry I haven't read back through your thread) but when a claim is Discontinued the Statute Barred clock starts ticking again as if the claim never happened, so with any luck your debt will become SB before anyone else gets involved anyway

                          Di

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