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

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  1. #126
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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
    @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.

  2. #127
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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
    @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 Jay,

    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
    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 Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  3. #128
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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 Jay,

    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

  4. #129
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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
    @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
    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 Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by 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 jayrocca 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 Jay!!

    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.
    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 Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  8. #133
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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 Jay!!

    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.

  9. #134
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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
    @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 Jay,

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

    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 Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by 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 jayrocca 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 Jay?

    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 Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by 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 Jay?

    nem

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

    Quote Originally Posted by jayrocca 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
    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 Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by 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

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