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

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

    First time posting and I’m hoping someone can point me in the right direction please.


    Some brief history about my situation . . . I got into financial trouble in 2010 off the back of loosing my job and subsequently my long term girlfriend. I was burdened with credit card debt and eventually a HP agreement. I fell behind with repayments as I had no income. I tried to negotiate with all my creditors but being out of work they weren't prepared to give me any time. Current unsecured debt stands at £40121.00. I have no arrangements with any of the creditors and you could say I have buried my head in the sand some what.


    This issue I'm posting about is a debt with MBNA dating back to November 2010 with a balance of £8991.55. DLC have been writing to me since August 2015. After the first letter received in August 2015 I wrote back with a prove it letter and included the £1 postal order. This was sent recorded delivery and signed for. They never responded to the prove it letter, but kept sending me the usual letters. I kept sending the prove it letter and reminding them they had already had my postal order but hadn't acknowledged anything. The last letter received from DLC was 25/11/2015 confirming that they had received the original postal order from my letter and request in August and had requested the info from MBNA and would in due course forward this on to me. I received the next day a letter dated 20/11/2015 (5 days earlier) a letter from Mortimer and Clarke Solicitors informing me they have been instructed to start legal proceedings against me. I responded to the letter on 06/12/2015 with the same prove it letter and also some detail that there client DLC had in fact told me they were waiting on MBNA etc, this was sent recorded and signed for on the 10/12/2015. I have since received a CCJ Claim from them dated 14/12/2015 without any of the requested info and with no reply to my letter.


    What i would like to know is legally where of i stand and what should I do? I have no savings, own no home (rent) and have no assets of any value and by the time I have paid all my outgoings I'm left with around £200 disposable income. Ive rode this out as long as I can but feel its starting to come to a head. In the first instance i would like some advice on what to do in reposes to the claim but also any advice in whether i should be considering IVA's or Bankruptcy? The issue I have with the latter is I work in finance and it would be likely that i would loose my job.


    Ive seen some tremendous advice and support offered on here and hope you will extend the same advice and support to me. Any thoughts would be appreciated.

  2. #2
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    @nemesis45 @Debt Camel ... any advice please??
    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.

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    Specialist advice can be sought via our sister site JustBeagle

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

    I've rode this out as long as I can but feel its starting to come to a head.
    Yes, the next year is likely to prove very difficult as if you defaulted in 2010, the debts will soon be in the last year before becoming statute barred, so it's likely that you will start getting chased about a lot more of them. How many debts do you have in this position? You could try to fight them all in court if they can't produce CCAs... but the chances are that some of them probably can...

    any advice in whether i should be considering IVA's or Bankruptcy?
    here is an overview of the choice between these two: http://debtcamel.co.uk/hard-choices/iva-vs-bankrutcy/. If it wasn't for your job, the choice would be simple - you will pay less in bankruptcy, it will be over more quickly, much less can go wrong. If you are single with no children, the allowances for expenses in an IVA are very difficult to live on for a prolonged period.

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

    Good morning H,

    Lets deal with the MBNA CC debt and the court claim.
    What have you done so far.

    Acknowledged Service of Claim?
    Sent CCA request?
    Sent CPR31. 14 request.

    Please give us some history of the debt, e.g. Start date, default date, date of last payment / acknowledgment.

    nem
    Last edited by Kati; 27th April 2017 at 08:48: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.





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

    Hi Nem,

    Thank you so much for coming back to me. I acknowledged the claim last night, sent a CCA request three times this year without reply until in November I pointed out the tracking number of the last request and they then replied and confirmed they had received it. I've now asked for the info again and also CPR31.14 has been posted today (recorded).

    The card was taken out in Nov 2010, had no issues until Jan 2012 and that was my first missed payment. Account went into Default July 2012, tried to negotiate with them on reduced payments but they weren't interested. Had a breakdown in October 2012 and ended up defaulting on other agreements too. I've kept my head down until now, using advice I've seen on here and templates etc. Never acknowledged the debt as mine, only ever asked for the CCA request. I'm at work now but can send over further info and some copies of letters etc this evening.

    Feeling very overwhelmed and anxious! Any advice would be appreciated!

  6. #6
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Quote Originally Posted by happyharry View Post
    Hi Nem,

    Thank you so much for coming back to me. I acknowledged the claim last night, sent a CCA request three times this year without reply until in November I pointed out the tracking number of the last request and they then replied and confirmed they had received it. I've now asked for the info again and also CPR31.14 has been posted today (recorded).

    The card was taken out in Nov 2010, had no issues until Jan 2012 and that was my first missed payment. Account went into Default July 2012, tried to negotiate with them on reduced payments but they weren't interested. Had a breakdown in October 2012 and ended up defaulting on other agreements too. I've kept my head down until now, using advice I've seen on here and templates etc. Never acknowledged the debt as mine, only ever asked for the CCA request. I'm at work now but can send over further info and some copies of letters etc this evening.

    Feeling very overwhelmed and anxious! Any advice would be appreciated!
    Hello H,

    From what you say it would seem that DLC (now part of the Cabot empire) is not in possession of any
    documents to back up the claim.

    It would certainly help to assess the situation more clearly if we can see the letters etc., when you do
    post the tag me in the post, @nemesis45 and I'll pick up on it.

    nen.~
    Last edited by Kati; 27th April 2017 at 08:49: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.





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

    Im hoping so .... Will tag you in the upload later. Thanks for coming back to me!

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

    Ok . . . @nemesis45

    I've attached three docs . . .

    Recap . . . I sent off CCA request in August via recorded delivery and had no response. They continued to write to me every fought night or so. I sent a reminder letter in October reminding them that I had requested the CCA from them and also sent £1 postal order etc. in August. Again they never replied to me. Then out the blue I had a letter from Mortimer and Clarke dated 20/11/2015 stating they had been instructed to take me to court. Again replied to them reminding them what I had requested back in August and they still hadn't responded. I then received a letter from DLC dated 25/11/2015 stating they received my request and postal order (took three months), and they had contacted MBNA for the requested info. They state they will be in touch within 21 days or sooner if the info becomes available. I then received a CCJ Claim dated 14/12/2015 without any further correspondence from either Mortimer and Clarke or DLC.

    I have since made an acknowledgement of service and requested the CCA again (reminding them of their latest letter confirming they had received my request) and also sent them a CPR31.14, both posted Saturday, again recorded delivery.

    Let me know your thoughts . . .


    https://www.dropbox.com/sh/5blvl28wm...ZMzw5-W2a?dl=0
    Last edited by happyharry; 21st December 2015 at 17:53:PM. Reason: Date error

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

    Attached letters in case link doesn't work.

    Thanks in advance.
    Attached Images Attached Images

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

    Quote Originally Posted by happyharry View Post
    Attached letters in case link doesn't work.

    Thanks in advance.
    Hello H, Responding to your PM.

    All standard letters the DLC one looks like a marriage of some of dlc/Hillesden & Cabot nonsense.

    Stop chasing the CCA request anymore!

    Did you send a CPR 31.14 request to MC? If not slip one in now.

    nem
    Last edited by Kati; 27th April 2017 at 08:49: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.





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

    Hi Nem . . .

    CPR 31.14 was sent to them today via recorded delivery.

    My only concern would be that as they issued the CCJ Claim so soon, what have they up their sleeve, would they try and make out they have sent the CCA request recently when they haven't? What's most crucial here for them to be able to enforce ? The CPR 31.14?

    @nemesis45 thanks so much for the advice thus far.

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

    Just got home and found a letter dated 11/12/2015 but it only landed today. See attached ...

    Im wondering if this was sent knowing they had the CCA Request details as the CCJ claim was issued on the 14th December.

    https://www.dropbox.com/s/0n8nfbxjeo...quest.jpg?dl=0

    Let me know your thoughts on the last post and this if you would ...

    Many thanks in advance.
    Last edited by happyharry; 21st December 2015 at 18:43:PM.

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

    I'll just tag @nemesis45 so he looks in on this tomorrow morning xx
    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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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    @Kati ... Thank you ... I'm not sure if I'm tagging correctly or even posting correctly.

    Are the Dropbox links ok?

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

    Quote Originally Posted by jayrocca View Post
    @Kati ... Thank you ... I'm not sure if I'm tagging correctly or even posting correctly.

    Are the Dropbox links ok?
    no problem at all :yo:

    The Dropbox link works fine, but I'll put up a pic of it on here so @nemesis45 can see it without having to open another tab

    Attached Images Attached Images
    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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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Quote Originally Posted by happyharry View Post
    Just got home and found a letter dated 11/12/2015 but it only landed today. See attached ...

    Im wondering if this was sent knowing they had the CCA Request details as the CCJ claim was issued on the 14th December.

    https://www.dropbox.com/s/0n8nfbxjeo...quest.jpg?dl=0

    Let me know your thoughts on the last post and this if you would ...

    Many thanks in advance.
    DLC has always been sloppy/careless and it's internal departments don't it seems communicate asn
    now it's part of the Cabot " empire ".
    Seems to me they don't have the documents, the debt is rendered unenforceable UNTIL the agreement
    is produced.

    nem~
    Last edited by Kati; 27th April 2017 at 08:50: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.





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

    Thank you for the reply Nem.

    What's the best course of action now? Just wait to see if the docs are produced then file a defense accordingly?

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

    Quote Originally Posted by happyharry View Post
    Thank you for the reply Nem.

    What's the best course of action now? Just wait to see if the docs are produced then file a defense accordingly?
    Yes, that's it! Have a look at some threads with defences so you have a good idea of wording and format so you
    are prepared.

    nem.:santahat::santahat:

    -
    Last edited by Kati; 27th April 2017 at 08:50: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.





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

    @nemesis45 , happy new year to you!

    Sorry to be a pain, I was hoping I could pick your brains again please?

    I've received a letter today from Mortimer Clarke saying ...

    https://www.dropbox.com/s/kv0xend3jj76yo0/Photo%2001-01-2016%2C%2016%2016%2037.jpg?dl=0


    Do I just file my defence now and what points do I need to make? Ive looked through various defence threads but I'm not sure what's relevant to this situation?

    Am I right in thinking that unless there able to provide me with the request agreement and info their claim isn't enforceable?

    Would you mind giving me a heads up please?

    I just don't want to get anything wrong.
    Last edited by happyharry; 1st January 2016 at 15:56:PM. Reason: Created a new link ..

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

    Quote Originally Posted by happyharry View Post
    @nemesis45 , happy new year to you!

    Sorry to be a pain, I was hoping I could pick your brains again please?

    I've received a letter today from Mortimer Clarke saying ...

    https://www.dropbox.com/s/kv0xend3jj...%2037.jpg?dl=0


    Do I just file my defence now and what points do I need to make? Ive looked through various defence threads but I'm not sure what's relevant to this situation?

    Am I right in thinking that unless there able to provide me with the request agreement and info their claim isn't enforceable?

    Would you mind giving me a heads up please?

    I just don't want to get anything wrong.
    Good morning H Happy New Year.

    Your link is invalid it seems can you type in the letter minus your personal details please.

    You are correct if the agreement is not available the court cannot enforce the debt until
    the agreement or a compliant reconstituted one is provided ( CCA Request)
    Non compliance with CPR 31.14 wont affect it at all.

    Did you send the CCA to DLC, and the CPR 31.14 to MC?


    nem
    Last edited by Kati; 27th April 2017 at 08:51: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.





  21. #21
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Hi @nemesis45

    Yea sent CCA to DLC and COR31.14 to MC.

    Will try reposting the letter tomorrow.

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

    @nemesis45

    https://www.dropbox.com/s/kv0xend3jj...%2037.jpg?dl=0

    Latest letter received ... This link should now work. If not I'll type it up.

    Thanks for keep coming back to me, it's appreciated.

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

    Quote Originally Posted by happyharry View Post
    @nemesis45

    https://www.dropbox.com/s/kv0xend3jj...%2037.jpg?dl=0

    Latest letter received ... This link should now work. If not I'll type it up.

    Thanks for keep coming back to me, it's appreciated.

    Good morning H,

    That's better thank you!

    You need ( if you haven't already) inform the court in writing that the claimant has agreed to
    A 28 DAY extension for you to file.

    nem
    Last edited by Kati; 27th April 2017 at 08:51: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.





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

    @nemesis45

    Ok great ... Should I do this online as my defence or is there a separate way of updating the court that's not a defence?

    Do you have 28 days as per the date of the latest letter or 28 days from the last day to file the defence.

    I presume I should chase them during this 28 day period to produce what's been requested and then if they don't my defence would be self explanatory.

    As always, thank you for your time in coming back to me. You continue be a real help to me.

    H.
    Last edited by Kati; 27th April 2017 at 08:52:AM.

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

    @Kati ... Happy new year to you!

    Do you have any idea on how are contact the court to tel them above the agreed extension?

    I know @nemesis45 is flat out busy all the time and don't want to hound him, just concerned and delay will be detrimental to my defence ...

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