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

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  1. #126
    happyharry's Avatar

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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

    Thank you again for your points. You've been extremely helpful every time I've needed your opinion. You and others do this out of your own time and its really appreciated.
    @nemesis45

    Hi Nem,

    Was wondering what your thoughts would be please? I wrote to Mort's along the lines of.......

    On date....................... I received documents in response to my request made under the provisions of CCA 1974 having closely examined these I am rejecting said documents as not complaint with my request.

    I am sure both DLC and Mortimer Clarke are fully aware of the obvious defects in these documents and why they do not meet the requirements for a copy of the agreement or a reconstituted agreement.

    Given the information above I suggest that Mortimer Clarke advises its " client " to discontinue the claim as it has no reasonable chance of success.

    Should DLC decide to continue with this claim it will be robustly defended.
    No part of this communication is an acknowledgment of any liability to DLC.



    Morts wrote back and said they have haven't seen what DLC sent but would write to them for clarification and the matter would remain on hold. To date ive heard nothing back at all from either Morts or DLC?

    Any opinion?

    As always thanks for your help.
    Last edited by Kati; 27th April 2017 at 09:07:AM.

  2. #127
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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

    Hi Nem,

    Was wondering what your thoughts would be please? I wrote to Mort's along the lines of.......

    On date....................... I received documents in response to my request made under the provisions of CCA 1974 having closely examined these I am rejecting said documents as not complaint with my request.

    I am sure both DLC and Mortimer Clarke are fully aware of the obvious defects in these documents and why they do not meet the requirements for a copy of the agreement or a reconstituted agreement.

    Given the information above I suggest that Mortimer Clarke advises its " client " to discontinue the claim as it has no reasonable chance of success.

    Should DLC decide to continue with this claim it will be robustly defended.
    No part of this communication is an acknowledgment of any liability to DLC.



    Morts wrote back and said they have haven't seen what DLC sent but would write to them for clarification and the matter would remain on hold. To date ive heard nothing back at all from either Morts or DLC?

    Any opinion?

    As always thanks for your help.
    Hello H,

    Have you checked to see if the claim is still stayed?

    Quite frankly I don't believe a word that MC says they are just another part of the Cabot group the same as DLC I realise that the muppets that handle litigation at MC are not very well trained from previous experience but to not know what their client has provided in regard to a claim is stupid if it's true.

    I suspect MC has not contacted DLC so I would send a copy of your letter direct to DLC.

    nem
    Last edited by Kati; 27th April 2017 at 09:07: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.





  3. #128
    happyharry's Avatar

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

    @nemesis45

    Hi Nem,

    I'm appalled at the whole process to be honest. Its took over two years to provide anything! I did send the letter to both Morts and DLC and Morts replied (as mentioned above) DLC didn't.

    Just spoken to the court and the claim is still stayed. Not sure what to do now, should i write again or just leave it until they come back? The lady i spoke to at the court did say the longer its left the more difficult it will be to have the stay lifted as district judges don't look favorably on incidents like this? Again have no idea if this is true ...

    Whats your opinion?

    Quote Originally Posted by nemesis45 View Post
    Hello H,

    Have you checked to see if the claim is still stayed?

    Quite frankly I don't believe a word that MC says they are just another part of the Cabot group the same as DLC I realise that the muppets that handle litigation at MC are not very well trained from previous experience but to not know what their client has provided in regard to a claim is stupid if it's true.

    I suspect MC has not contacted DLC so I would send a copy of your letter direct to DLC.

    nem
    Last edited by Kati; 27th April 2017 at 09:08:AM.

  4. #129
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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

    Hi Nem,

    I'm appalled at the whole process to be honest. Its took over two years to provide anything! I did send the letter to both Morts and DLC and Morts replied (as mentioned above) DLC didn't.

    Just spoken to the court and the claim is still stayed. Not sure what to do now, should i write again or just leave it until they come back? The lady i spoke to at the court did say the longer its left the more difficult it will be to have the stay lifted as district judges don't look favorably on incidents like this? Again have no idea if this is true ...

    Whats your opinion?
    It's true that some judges may dislike claims that have been stayed for prolonged periods Jay.

    I would leave alone until the new year then write to MC the write to Carbo0t suggesting that they instruct their solicitors to discontinue the claim or you will make application for the claim to be struck out and you will claim the cost of the application from them.

    nem
    Last edited by Kati; 27th April 2017 at 09:08: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.





  5. #130
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    I was thinking along the same lines myself! Will update as and when.

    Thanks Nem.



    Quote Originally Posted by nemesis45 View Post
    It's true that some judges may dislike claims that have been stayed for prolonged periods Jay.

    I would leave alone until the new year then write to MC the write to Carbo0t suggesting that they instruct their solicitors to discontinue the claim or you will make application for the claim to be struck out and you will claim the cost of the application from them.

    nem

  6. #131
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    @nemesis45

    Hi Nem,

    Wanted to update you on this. . . I rejected the documents they sent me (see above) and last week Morts have written to me to tell me they have decided to not pursue this through court and have cancelled the claim. I have also received the court correspondence too.

    Not entirely sure where this leaves me but i wanted to thank you for your help and assistance from back in December 2015 when this all kicked off!

    Is there anything i should be doing now with this?

  7. #132
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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

    Hi Nem,

    Wanted to update you on this. . . I rejected the documents they sent me (see above) and last week Morts have written to me to tell me they have decided to not pursue this through court and have cancelled the claim. I have also received the court correspondence too.

    Not entirely sure where this leaves me but i wanted to thank you for your help and assistance from back in December 2015 when this all kicked off!

    Is there anything i should be doing now with this?
    *********** Discontinued**************

    Ok that's great news H!!

    DLC/Cabot Mortimer Clarke may send you some begging letters e.g. " we know we can't enforce the debt but please pay us anyway etc." File for future reference.

    It's been a long haul since December '15 well done for sticking with this all the way.
    Last edited by Kati; 27th April 2017 at 09:08: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.





  8. #133
    happyharry's Avatar

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

    @nemesis45

    Ok i will keep it all filled ... strictly speaking this should drop off my file within 6 years of the first default, is that about right?

    Thanks for all your help Nem, genuinely mean it. You gave me peace of mind when i was at my most anxious. This service is invaluable!

    Quote Originally Posted by nemesis45 View Post
    *********** Discontinued**************

    Ok that's great news H!!

    DLC/Cabot Mortimer Clarke may send you some begging letters e.g. " we know we can't enforce the debt but please pay us anyway etc." File for future reference.

    It's been a long haul since December '15 well done for sticking with this all the way.
    Last edited by Kati; 27th April 2017 at 09:08:AM.

  9. #134
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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

    Ok i will keep it all filled ... strictly speaking this should drop off my file within 6 years of the first default, is that about right?

    Thanks for all your help Nem, genuinely mean it. You gave me peace of mind when i was at my most anxious. This service is invaluable!
    Hello H,

    6 years from the original creditors default date, one debt one default date has it been altered?

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





  10. #135
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    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?

  11. #136
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    Quote 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 at 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 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.





  12. #137
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    Default 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?

    Quote Originally Posted by nemesis45 View Post
    On your credit files H?

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

  13. #138
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    Quote 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 at 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 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.





  14. #139
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    I thought so . . . Thanks

  15. #140
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    @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 ?

  16. #141
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    @nemesis45 . . . Hi Nem, I was wondering if you could take a look at my last question if you have time please?


    Quote 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 ?

  17. #142
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    Default 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 @Amethyst @Diana M for confirmation (Nem's been away @happyharry)
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  18. #143
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    Quote 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 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.





  19. #144
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    @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!

  20. #145
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    Quote 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 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. #146
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

    Quote 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 specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


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  22. #147
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    Default Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

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


    Quote 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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