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

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  1. #26
    nemesis45's Avatar

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

    Quote Originally Posted by [FONT=&quot
    happyharry[/FONT];607138]@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 ...
    e-mail followed up by signed for post.

    nem
    Last edited by Kati; 27th April 2017 at 08:52:AM.
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  2. #27
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Thanks @nemesis45

    Can I ask. Is this 28 day extension from the date the claim was made so a extra 14 days basically? That would mean my defence would need to be filed on the 11th

  3. #28
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Is it still at Northampton?? You could try:
    01604 619402

    other than that @Amethyst will be able to give you their email address to send in notice of your extension (I hope) xx

    - - - Updated - - -

    Quote Originally Posted by happyharry View Post
    Thanks @nemesis45

    Can I ask. Is this 28 day extension from the date the claim was made so a extra 14 days basically? That would mean my defence would need to be filed on the 11th
    If they've said you've got a 28 day extension, that is 28 extra days on top of your original 33 ... 5 days for service + 28 days for your defence due date + 28 days for your agreed extension
    Last edited by Kati; 27th April 2017 at 08:53:AM.
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  4. #29
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Quote Originally Posted by Kati View Post
    Is it still at Northampton?? You could try:
    01604 619402

    other than that @Amethyst will be able to give you their email address to send in notice of your extension (I hope) xx

    - - - Updated - - -

    If they've said you've got a 28 day extension, that is 28 extra days on top of your original 33 ... 5 days for service + 28 days for your defence due date + 28 days for your agreed extension

    Thank you so much @Kati for the info. I found the email address on their site. I was sure if you notified them via money claim that was all.

    Sorry to be a pain in the backside but what does 5 days for service mean? I'm trying to work out the day my defence will be due and don't want to get it wrong. Im not sure when the dates start from.

    Again sorry if this is obvious and im just not getting it.

    Thanks in advance.

  5. #30
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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 so much @Kati for the info. I found the email address on their site. I was sure if you notified them via money claim that was all.

    Sorry to be a pain in the backside but what does 5 days for service mean? I'm trying to work out the day my defence will be due and don't want to get it wrong. Im not sure when the dates start from.

    Again sorry if this is obvious and im just not getting it.

    Thanks in advance.
    Time allowed for the claim to reach the defendant H.

    nem
    Last edited by Kati; 27th April 2017 at 08:53:AM.
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
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    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.





  6. #31
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    @nemesis45 . . . 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?

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    Default 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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  8. #33
    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 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.

  9. #34
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    Default 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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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

  10. #35
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    Default 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 at 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.





  11. #36
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Quote 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 at 08:54:AM.

  12. #37
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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
    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 at 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.





  13. #38
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Quote 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.

  14. #39
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Quote 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
    @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.

  15. #40
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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 ... 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 at 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.





  16. #41
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Quote 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
    @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?

  17. #42
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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 ... 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 at 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.





  18. #43
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Quote 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.

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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 . . . 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 at 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.





  20. #45
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Quote Originally Posted by nemesis45 View Post
    Hope that helps.

    nem
    @nemesis45

    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.

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

    @nemesis45

    Quick update and hoping for your opinion. Sent a letter recorded delivery last week asking for their urgent attention into my letter requesting for the particulars of the claim etc. It's been signed for but they haven't responded in anyway. The last date for my defence is the 12th Febuary.

    How should I play this from here and can they suddenly produce the requested info a few days before the court date etc, how does this stand?

    As always thanks in advance for your help.

  22. #47
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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

    Quick update and hoping for your opinion. Sent a letter recorded delivery last week asking for their urgent attention into my letter requesting for the particulars of the claim etc. It's been signed for but they haven't responded in anyway. The last date for my defence is the 12th Febuary.

    How should I play this from here and can they suddenly produce the requested info a few days before the court date etc, how does this stand?

    As always thanks in advance for your help.
    Hello H, responding to your PM.
    When was the letter signed for?

    Start looking around the forum at defences so you get a good idea of content and format.

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





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

    @nemesis45

    They signed for the original request and I chased it as per you advice which they signed for last Wednesday (27th). Its been well over a week and I've had no reply. My concern is what if i receive the paperwork I've requested the day before the hearing?
    Last edited by happyharry; 4th February 2016 at 14:59:PM.

  24. #49
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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

    They signed for the original request and I chased it as per you advice which they signed for last Wednesday (27th). Its been well over a week and I've had no reply. My concern is what if i receive the paperwork I've requested the day before the hearing?
    Only 5-6 working days Jay I doubt they will use 1st Class post.
    I the documents are not provided then that part of your defence.

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





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

    @nemesis45

    Hi Nem, thanks for the info. I have come home today and found this letter in the post. Not sure what to make of it or what I should do now?

    What are your thoughts please?

    H

    https://www.dropbox.com/s/pnmrmryecfczy1b/mcs.jpg?dl=0
    Last edited by Kati; 27th April 2017 at 08:56:AM.

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