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

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  • #76
    Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

    Quick update for you both. Called the court today and they advised that the 28 days had now expired. They didn't confirm its stayed, he told me to call again next week but he said it is very likely to be. Mortimer Clarke haven't responded to my defence.

    The question I have is what does stayed actually mean and is there anything else I should be doing now? Is this a good result or does it really mean nothing has changed?

    Thanking you both in advance.

    Comment


    • #77
      Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

      Originally posted by [FONT=&quot
      happyharry[/FONT];633103]@Amethyst @nemesis45

      Quick update for you both. Called the court today and they advised that the 28 days had now expired. They didn't confirm its stayed, he told me to call again next week but he said it is very likely to be. Mortimer Clarke haven't responded to my defence.

      The question I have is what does stayed actually mean and is there anything else I should be doing now? Is this a good result or does it really mean nothing has changed?

      Thanking you both in advance.
      Hello H,

      There is a backlog of a few days in the system check Mon/Tues next week.

      nem
      Last edited by Kati; 27th April 2017, 08:58: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.

      Comment


      • #78
        Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

        Originally posted by nemesis45 View Post
        Hello H,

        There is a backlog of a few days in the system check Mon/Tues next week.

        nem
        @nemesis45

        Hi Nem,

        I trust this finds you well. Quick update for you.

        I've spoken with the court, and the claim has been stayed. My understanding is that this means they will have to apply to have the stay lifted to continue the claim?

        I'm trying gauge what my options are now? My understanding is that until they find the correct paperwork they can't enforce the debt? But regarding this becoming stature barred, the clock has now been reset?

        In an ideal world I would like to pay this off, or at least, start making payments towards it. I haven't a lot of surplus income so was hoping to negotiate the balance payable down and then make a monthly offer of payment secured via a Tomlin order as its crucial I don't have a CCJ on my record as id loose my job. Not sure how to go about this really?

        If you can offer any advice or suggestions id really appreciate it. If @Amethyst has any input that would also be helpful.

        Many thanks in advance.
        Last edited by Kati; 27th April 2017, 08:59:AM.

        Comment


        • #79
          Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

          Originally posted by happyharry View Post
          @nemesis45

          Hi Nem,

          I trust this finds you well. Quick update for you.

          I've spoken with the court, and the claim has been stayed. My understanding is that this means they will have to apply to have the stay lifted to continue the claim?

          I'm trying gauge what my options are now? My understanding is that until they find the correct paperwork they can't enforce the debt? But regarding this becoming stature barred, the clock has now been reset?

          In an ideal world I would like to pay this off, or at least, start making payments towards it. I haven't a lot of surplus income so was hoping to negotiate the balance payable down and then make a monthly offer of payment secured via a Tomlin order as its crucial I don't have a CCJ on my record as id loose my job. Not sure how to go about this really?

          If you can offer any advice or suggestions id really appreciate it. If @Amethyst has any input that would also be helpful.

          Many thanks in advance.
          Hello H,

          As to the stay you can now apply to the court to have the claim struck out and seek the cost of doing so from the claimant at the moment the claim is just stayed and can be restarted after paying a fee, so it's not dead and buried yet.
          Offering payment at this stage with the claimant being part of the Cabot group may well not achieve the result you hope for, personally would wait a week or so then invite them to discontinue/withdraw the claim.

          nem
          Last edited by Kati; 27th April 2017, 08:59: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.

          Comment


          • #80
            Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

            Originally posted by nemesis45 View Post
            Hello Jay,

            As to the stay you can now apply to the court to have the claim struck out and seek the cost of doing so from the claimant at the moment the claim is just stayed and can be restarted after paying a fee, so it's not dead and buried yet.
            Offering payment at this stage with the claimant being part of the Cabot group may well not achieve the result you hope for, personally would wait a week or so then invite them to discontinue/withdraw the claim.

            nem
            [MENTION=55034]nemesis45[/MENTION]

            Hi Nem,

            Thank you for coming back to me.

            When you say invite them to discontinue or withdraw the claim would I do that in writing in say a weeks time? Are there any templates for this, hows best to word/write the letter?

            If they did withdraw would this be the end of the matter? Can they re-apply for a CCJ etc?

            When you say ''Offering payment at this stage with the claimant being part of the Cabot group may well not achieve the result you hope for'', does that mean they aren't likely to agree to a Tomlin or the elements i mentioned, I.E a reduced settlement etc? Could you elaborate more on this. For what it's worth, I don't own my own home, I have no assets or savings and I have a modest income with very little left over each month. I would also loose my job should I get a CCJ so it would seem stupid to try and secure a CCJ if that's what your implying they are likely to do.

            I'm really appreciative of your advice up to now, it's been invaluable.

            Thanks.

            Comment


            • #81
              Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

              Originally posted by happyharry View Post
              @nemesis45

              Hi Nem,

              Thank you for coming back to me.

              When you say invite them to discontinue or withdraw the claim would I do that in writing in say a weeks time? Are there any templates for this, hows best to word/write the letter?

              If they did withdraw would this be the end of the matter? Can they re-apply for a CCJ etc?

              When you say ''Offering payment at this stage with the claimant being part of the Cabot group may well not achieve the result you hope for'', does that mean they aren't likely to agree to a Tomlin or the elements i mentioned, I.E a reduced settlement etc? Could you elaborate more on this. For what it's worth, I don't own my own home, I have no assets or savings and I have a modest income with very little left over each month. I would also loose my job should I get a CCJ so it would seem stupid to try and secure a CCJ if that's what your implying they are likely to do.

              I'm really appreciative of your advice up to now, it's been invaluable.

              Thanks.

              I would write to Kenneth Stannard Director of Mortimer Clarke ( also CEO of the Cabot Financial Management group of companies.

              Something like this.

              Date:...........................:

              Ref: County Court Claim No.............................:
              Hillesden Securities Ltd T/A dlc. Claimant.
              Your name Defendant:

              Dear Mr Stannard,

              I refer you to the above mentioned claim issued by Mortimer Clarke on behalf of Hillesden Securities Ltd T/A dlc the court has stayed this claim as Mortimer Clarke/ Hillesden failed to respond to my defence,
              presumably because they were not/ are not in possession of the proper documents that it intended to rely upon in court.

              I would suggest now that Hillesden Securities discontinues the claim in the interest of saving costs and court time as there is little likely hood of the required documents being available.

              In regard to the alleged debt which is the subject of this claim I do not acknowledge any liability to Hillesden or any other company within the Cabot Group.

              Should this matter not be settled as stated above I shall make an application to the court for the claim to be struck out and I will expect Hillesden to bear the cost of the application.

              Yours etc.

              If you take this approach send by signed for post check delivery date and signature.

              nem
              Last edited by Kati; 27th April 2017, 08:59: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.

              Comment


              • #82
                Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                Originally posted by nemesis45 View Post
                I would write to Kenneth Stannard Director of Mortimer Clarke ( also CEO of the Cabot Financial Management group of companies.

                Something like this.

                Date:...........................:

                Ref: County Court Claim No.............................:
                Hillesden Securities Ltd T/A dlc. Claimant.
                Your name Defendant:

                Dear Mr Stannard,

                I refer you to the above mentioned claim issued by Mortimer Clarke on behalf of Hillesden Securities Ltd T/A dlc the court has stayed this claim as Mortimer Clarke/ Hillesden failed to respond to my defence,
                presumably because they were not/ are not in possession of the proper documents that it intended to rely upon in court.

                I would suggest now that Hillesden Securities discontinues the claim in the interest of saving costs and court time as there is little likely hood of the required documents being available.

                In regard to the alleged debt which is the subject of this claim I do not acknowledge any liability to Hillesden or any other company within the Cabot Group.

                Should this matter not be settled as stated above I shall make an application to the court for the claim to be struck out and I will expect Hillesden to bear the cost of the application.

                Yours etc.

                If you take this approach send by signed for post check delivery date and signature.

                nem
                [MENTION=55034]nemesis45[/MENTION]

                Thanks for this, I thought it would go something like that.

                I'll get a letter sent out next week and see what they respond with. Will come back to you in due course.

                As always thanks for the info.

                Comment


                • #83
                  Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                  Hi [MENTION=55034]nemesis45[/MENTION]

                  I sent a letter recorded delivery (content below). It was sent on the 13th April 2016 and signed for on the 14th April 2016. To date I have received no response, so I am now wondering what course of action you would suggest?

                  Mr Ken Stannard
                  dlc
                  Buckingham Road
                  Brackley
                  Northamptonshire
                  NN13 7DN

                  13th April 2016

                  REF: County Court Claim : XXXXXXXX
                  Hillesden Securities T/A dlc – Claimant
                  Mr XXXXXXX – Defendant

                  Dear Mr Stannard,

                  I refer you to the claim mentioned above issued by Mortimer Clarke on behalf of Hillesden Securities T/A dlc. The court has stayed this claim as Mortimer Clarke/Hillesden has failed to respond to my defence. Presumably, because they were not or are not in possession of the proper documents needed to rely upon in court.

                  I would suggest now that Hillesden Securities discontinues the claim in the interest of saving costs and court time as there is little likely hood of the required documents being available.

                  Concerning the alleged debt which is the subject of this claim, I do not acknowledge any liability to Hillesden or any other company within the Cabot Group.

                  Should this matter not be settled as stated above I shall make an application to the court for the claim to be struck out and I will expect Hillesden to the bear the cost of such application.

                  Yours sincerely




                  Originally posted by nemesis45 View Post
                  I would write to Kenneth Stannard Director of Mortimer Clarke ( also CEO of the Cabot Financial Management group of companies.

                  Something like this.

                  Date:...........................:

                  Ref: County Court Claim No.............................:
                  Hillesden Securities Ltd T/A dlc. Claimant.
                  Your name Defendant:

                  Dear Mr Stannard,

                  I refer you to the above mentioned claim issued by Mortimer Clarke on behalf of Hillesden Securities Ltd T/A dlc the court has stayed this claim as Mortimer Clarke/ Hillesden failed to respond to my defence,
                  presumably because they were not/ are not in possession of the proper documents that it intended to rely upon in court.

                  I would suggest now that Hillesden Securities discontinues the claim in the interest of saving costs and court time as there is little likely hood of the required documents being available.

                  In regard to the alleged debt which is the subject of this claim I do not acknowledge any liability to Hillesden or any other company within the Cabot Group.

                  Should this matter not be settled as stated above I shall make an application to the court for the claim to be struck out and I will expect Hillesden to bear the cost of the application.

                  Yours etc.

                  If you take this approach send by signed for post check delivery date and signature.

                  nem

                  Comment


                  • #84
                    Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                    It's only 7 calendar days Jay, they will be trying to find away to continue no doubt 2 -3 weeks more likely for resonse.

                    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


                    • #85
                      Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                      [MENTION=55034]nemesis45[/MENTION]

                      Thanks for the prompt reply. SO your advice would be to sit tight for another 2-3 weeks? Is this a normal tactic of theirs? Do I need to do anything else during this time?

                      Comment


                      • #86
                        Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                        Originally posted by happyharry View Post
                        @nemesis45

                        Thanks for the prompt reply. SO your advice would be to sit tight for another 2-3 weeks? Is this a normal tactic of theirs? Do I need to do anything else during this time?
                        No., not unless the claimant pays the fee to lift the claim.

                        nem
                        Last edited by Kati; 27th April 2017, 09:00: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.

                        Comment


                        • #87
                          Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                          [MENTION=55034]nemesis45[/MENTION]

                          Understood, I think at that stage I'd be coming back to you for advice . . .

                          When should my idea of a Tomlin order be considered? I can't afford to get a CCJ as I'd loose my job, equally I can't afford to pay it off unless its at reduced payments etc

                          Originally posted by nemesis45 View Post
                          No., not unless the claimant pays the fee to lift the claim.

                          nem

                          Comment


                          • #88
                            Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                            Originally posted by happyharry View Post
                            @nemesis45

                            Understood, I think at that stage I'd be coming back to you for advice . . .

                            When should my idea of a Tomlin order be considered? I can't afford to get a CCJ as I'd loose my job, equally I can't afford to pay it off unless its at reduced payments etc
                            If they give up due to lack of evidence as above all good if they decide to carry on the a Tomlin order can be suggested, but don't make any offers off the cuff.

                            nem
                            Last edited by Kati; 27th April 2017, 09:00: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.

                            Comment


                            • #89
                              Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                              @nemesis45

                              Hi Nem

                              Had a reply back albeit 3 weeks late in response to my letter asking them to withdraw the claim or I will seek to have it struck out ...

                              Basicaly it says they will chase MBNA for the documentation requested and come back to me in two weeks. They said their sorry for the concern it must be causing etc. It also said they weren't sure why it the claim had been stayed as they don't hold any details but conceded it may be for reasons I mentioned in my letter.

                              What do you suggest ? Sit tight or apply for it to be struck out?

                              As as always any advice is appreciate .

                              H




                              Originally posted by nemesis45 View Post
                              If they give up due to lack of evidence as above all good if they decide to carry on the a Tomlin order can be suggested, but don't make any offers off the cuff.

                              nem
                              Last edited by Kati; 27th April 2017, 09:01:AM.

                              Comment


                              • #90
                                Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

                                Originally posted by happyharry View Post
                                @nemesis45

                                Hi Nem

                                Had a reply back albeit 3 weeks late in response to my letter asking them to withdraw the claim or I will seek to have it struck out ...

                                Basicaly it says they will chase MBNA for the documentation requested and come back to me in two weeks. They said their sorry for the concern it must be causing etc. It also said they weren't sure why it the claim had been stayed as they don't hold any details but conceded it may be for reasons I mentioned in my letter.

                                What do you suggest ? Sit tight or apply for it to be struck out?

                                As as always any advice is appreciate .

                                H
                                Hello H,

                                Well that's a load of bull crap, they know full well that they haven't got the documents to enforce the debt and are just attempting to gain more time.

                                Personally I would tell them (in writing ) that their response is unacceptable and state that you will generously allow them a further 7 days to submit the documents request after which you will be making an application to the court citing their unreasonable conduct as grounds for having the claim struck out.

                                nem
                                Last edited by Kati; 27th April 2017, 09:00: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.

                                Comment

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