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Court Claim Help


If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum.



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

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  • #31
    Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    [MENTION=55034]nemesis45[/MENTION] . . . Thank you for that . . .

    I just can't work out when my defence needs to be filled for. I now know its not imminent but I'm struggling to work it out. I was up most of the night worrying about all this and i can't seem to process thoughts properly today. Based on the letters I've posted up can you work the dates out Nem?

    Comment


    • #32
      Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

      Claim issued 14th Dec

      Defence Date 16 January 2016 ( 14th Dec plus 5 days for service plus 28 days )

      28 days extension takes you to Saturday, 13 February 2016 ( 16th Jan plus 28 days ) so you should aim to have your defence in at latest Friday 12th Feb xxx
      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #33
        Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

        Originally posted by Amethyst View Post
        Claim issued 14th Dec
        Defence Date 16 January 2016 ( 14th Dec plus 5 days for service plus 28 days )

        28 days extension takes you to Saturday, 13 February 2016 ( 16th Jan plus 28 days ) so you should aim to have your defence in at latest Friday 12th Feb xxx
        You are a absolute star! Appreciate your help so much. Just that little bit of rest bite will help no end. Even though it seems unlikely they will have the paperwork to support it causes so much worry and anxious feeling.

        This site has been such a help to me. Thank you.

        Comment


        • #34
          Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

          Not a problem at all xxx We're all here for you and understand what it is like to be on the receiving end of a claim xxx

          Fingers crossed this all goes easily for you. Just shout if you need anything
          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • #35
            Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

            Sorry H,
            Got involved in a rather confusing thread and missed your question.
            Thanks @Amethyst !!

            nem
            Last edited by Kati; 27th April 2017, 08:54: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 Specific Advice is Needed 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


            • #36
              Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

              Originally posted by nemesis45 View Post
              Sorry H,
              Got involved in a rather confusing thread and missed your question.
              Thanks @Amethyst !!

              nem
              Please don't apologise. You have been a tremendous help to me and I know how busy it gets on here for you so appreciate your patience with me and the advice.

              One thing I am wondering is that if they do find the paper work would it be easy to get a Tomlin order as a CCJ would serious jepodise my position at work. I don't have a huge amount of surplus but my intention is to possibly have a go at picking these debts off one by one over the course of 18 months with settlement offers. I think it's the not knowing which road to take that's causing me the anxiousness. Would I have more of my income left over paying the Tomlin order than all my surplus income going via a IPA in Bankruptcy. The fact a CCJ lasts on my file for six years doesn't faze me as it will take me at least that length of time to save up a deposit for a house etc and hopefully I can settle other debts as mentioned in 18 months. It's the fact I could get another CCJ during that time which would be a major blow considering id only have 18 months left if I was to go Bankrupt now. Plus a CCJ would probably cause me to loose my job so I may as well at that point look at bankruptcy even closer. So tough to decide what's best, I just hate the thought that I won't be able to give my family a decent life for 3 years because of a IPA.
              Last edited by Kati; 27th April 2017, 08:54:AM.

              Comment


              • #37
                Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                Originally posted by happyharry View Post
                Please don't apologise. You have been a tremendous help to me and I know how busy it gets on here for you so appreciate your patience with me and the advice.

                One thing I am wondering is that if they do find the paper work would it be easy to get a Tomlin order as a CCJ would serious jepodise my position at work. I don't have a huge amount of surplus but my intention is to possibly have a go at picking these debts off one by one over the course of 18 months with settlement offers. I think it's the not knowing which road to take that's causing me the anxiousness. Would I have more of my income left over paying the Tomlin order than all my surplus income going via a IPA in Bankruptcy. The fact a CCJ lasts on my file for six years doesn't faze me as it will take me at least that length of time to save up a deposit for a house etc and hopefully I can settle other debts as mentioned in 18 months. It's the fact I could get another CCJ during that time which would be a major blow considering id only have 18 months left if I was to go Bankrupt now. Plus a CCJ would probably cause me to loose my job so I may as well at that point look at bankruptcy even closer. So tough to decide what's best, I just hate the thought that I won't be able to give my family a decent life for 3 years because of a IPA.
                Yes a consent order can be " proposed " at any point, especially as you need to avoid a judgement due to your employment.

                We will keep a close eye on your post use the tags if you need urgent help.

                nem
                Last edited by Kati; 27th April 2017, 08:54: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 Specific Advice is Needed 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


                • #38
                  Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                  Originally posted by nemesis45 View Post
                  Yes a consent order can be " proposed " at any point, especially as you need to avoid a judgement due to your employment.

                  We will keep a close eye on your post use the tags if you need urgent help.

                  nem
                  Thank you again, it's a great feeling to know you have some support.

                  Comment


                  • #39
                    Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                    Originally posted by nemesis45 View Post
                    Yes a consent order can be " proposed " at any point, especially as you need to avoid a judgement due to your employment.

                    We will keep a close eye on your post use the tags if you need urgent help.

                    nem
                    [MENTION=55034]nemesis45[/MENTION] ... Quick update!

                    I'm sill to receive anything from Mortimer Clarke. Should I start to chase this now? If so are there any templates to assist in this?

                    I also want to try and negotiate a Tomlin / Consent order but not sure if I can do this whilst disputing the debt? Again any advice on this please? I will probably loose my job if I get a CCJ so it wouldn't be in there interest.

                    Any help would be again appreciated.

                    Comment


                    • #40
                      Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                      Originally posted by happyharry View Post
                      @nemesis45 ... Quick update!

                      I'm sill to receive anything from Mortimer Clarke. Should I start to chase this now? If so are there any templates to assist in this?

                      I also want to try and negotiate a Tomlin / Consent order but not sure if I can do this whilst disputing the debt? Again any advice on this please? I will probably loose my job if I get a CCJ so it wouldn't be in there interest.

                      Any help would be again appreciated.
                      Good morning H.

                      Something simple such as.


                      Dear Mortimer Clarke.

                      Ref: CC Claim No,.........................

                      I refer you to my letter dated................................ to which no reply has been received.

                      Your urgent attention to this matter in now required.

                      Yours etc.

                      You could attach a copy of the original letter.

                      nem
                      Last edited by Kati; 27th April 2017, 08:54: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 Specific Advice is Needed 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


                      • #41
                        Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                        Originally posted by nemesis45 View Post
                        Good morning Jay.

                        Something simple such as.


                        Dear Mortimer Clarke.

                        Ref: CC Claim No,.........................

                        I refer you to my letter dated................................ to which no reply has been received.

                        Your urgent attention to this matter in now required.

                        Yours etc.

                        You could attach a copy of the original letter.

                        nem
                        [MENTION=55034]nemesis45[/MENTION] ... Thanks for that.

                        My concern is they send the agreement within a few days of the deadline and I'm stuck then. Also what your view on the Tomlin order process whether it jeopardises this whole process?

                        Comment


                        • #42
                          Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                          Originally posted by happyharry View Post
                          @nemesis45 ... Thanks for that.

                          My concern is they send the agreement within a few days of the deadline and I'm stuck then. Also what your view on the Tomlin order process whether it jeopardises this whole process?
                          IF an agreement is found then you have to amend the defence IF the agreement is sound.


                          Tomlin (Consent) Orders are a good way of avoiding a CCJ especially if there is little or no prospect of
                          a successful defence.
                          Offering payment in this way is an admission of liability.

                          nem
                          Last edited by Kati; 27th April 2017, 08:55: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 Specific Advice is Needed 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


                          • #43
                            Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                            Originally posted by nemesis45 View Post
                            IF an agreement is found then you have to amend the defence IF the agreement is sound.


                            Tomlin (Consent) Orders are a good way of avoiding a CCJ especially if there is little or no prospect of
                            a successful defence.
                            Offering payment in this way is an admission of liability.

                            nem

                            Thank you . . . Can you give your opinion on the following please?


                            1) When proposing a Tomlin order can you offer less than the balance but payable of a period of say 2 or 3 years etc or would they want the full amount over a shorter time?

                            2) I have no assets and earn and modest wage with very little surplus income, getting a CCJ would mean I loose my job and this would then inhibit my ability to pay. At this stage I would then choose bankruptcy simply as I no longer have anything to loose. Do the CCA take this into account?

                            3) I understand that each case is viewed on its merits but in your opinion how likely is it that a CCA would agreed to a Tomlin order over a CCJ?

                            4) Are there any links or ideas on how you proceed to propose a Tomlin order if you need one?

                            There are a few questions there so I appreciate your time in advanced of answering them.

                            Comment


                            • #44
                              Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                              Originally posted by happyharry View Post
                              Thank you . . . Can you give your opinion on the following please?


                              1) When proposing a Tomlin order can you offer less than the balance but payable of a period of say 2 or 3 years etc or would they want the full amount over a shorter time? Yes you can negotiate .

                              2) I have no assets and earn and modest wage with very little surplus income, getting a CCJ would mean I loose my job and this would then inhibit my ability to pay. At this stage I would then choose bankruptcy simply as I no longer have anything to loose. Do the CCA take this into account? You can use this in negotiating the settlement figure, e.g. CCJ = No work = No money to pay the claimant.

                              3) I understand that each case is viewed on its merits but in your opinion how likely is it that a CCA would agreed to a Tomlin order over a CCJ? By CCA I presume you mean the claimant? Answer is who knows, on the basis of (2) above probably their best choice. ​

                              4) Are there any links or ideas on how you proceed to propose a Tomlin order if you need one? You simply put the proposal in writing to the claimants solicitors. ​

                              There are a few questions there so I appreciate your time in advanced of answering them.

                              Hope that helps.

                              nem
                              Last edited by Kati; 27th April 2017, 08:55: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 Specific Advice is Needed 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: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                                Originally posted by nemesis45 View Post
                                Hope that helps.

                                nem
                                [MENTION=55034]nemesis45[/MENTION]

                                Yet again thank you so much! Your advice and opinion is so appreciated and valued.

                                I'll keep you updated as and when.

                                Thanks again.

                                Comment

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