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

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  1. #51
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    make sure you follow Court instructions not Morts

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

    Quote Originally Posted by MIKE770 View Post
    make sure you follow Court instructions not Morts
    @MIKE770
    So I should send off my defence regardless? What's likely to happen if they still don't have the docs?

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

    you mention within your defence, the court timings are important not theirs. they also have to abide to court timings not their own.

    @nemisis45 ask Nemisis to pop in for you!

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

    Well that's quite a nice simple letter. As Mike has said though you should still file your defence. The maximum extension you can agree between parties is 28 days. You asked them to agree to a formal extension under CPR 15.5 in your CPR letter, they haven't agreed with that, just some random 'we promise not to ask for judgment'. Well, I'm afraid that isn't good enough and they shouldn't have brought the claim without having had sight of the documents in the first place.

    Theres a basic defence example to get you started http://www.legalbeagles.info/forums/...t-Court-Claims
    “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

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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
    Well that's quite a nice simple letter. As Mike has said though you should still file your defence. The maximum extension you can agree between parties is 28 days. You asked them to agree to a formal extension under CPR 15.5 in your CPR letter, they haven't agreed with that, just some random 'we promise not to ask for judgment'. Well, I'm afraid that isn't good enough and they shouldn't have brought the claim without having had sight of the documents in the first place.

    There's a basic defence example to get you started http://www.legalbeagles.info/forums/...t-Court-Claims
    @Amethyst @nemesis45 @MIKE770

    Ok thank you all for this . . . I will prepare my defence based on what I have to date and submit it on here for you guys to look over.

    My only concern would be if they provided the documents the day before the hearing or on the day. How do you defend that especially if there all legible and correct. Surely that wouldn't be fair? My aim has been to try and defend this and worse case scenario I would try and negotiate a Tomlin order on the basis that I would loose my job overnight with a CCJ recorded against me. If they produce the docs and judgement is passed I won't have a opportunity to get a Tomlin order in place I presume? Really unsure on the whole process to be fair.

  6. #56
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Hiya,

    If you are defending and are unsure, and a CCJ would mean you lose your job, then you should think about negotiating settlement out of court ( under a Tomlin order ) at this stage ( a week after filing your defence is often a good time to get a decent settlement actually) The sum being claimed is £8991.55 and you have around £200 disposable income but needs to cover all of your debts ? Otherwise you stick it out, this is a MBNA credit card - you say back to 2010 - so unlikely it will be statute barred. So defence wise you are looking at hoping the claimant can't provide the agreement. MBNA I'd say it's 50/50 whether they will provide it. When was the MBNA card taken out originally do you know ?

    A CCJ isn't just passed ( unless you fail to enter a defence ) and you can negotiate to settle outside of court at any time but they don't HAVE to accept. You're probably looking at £50 a month for this minimum to get an agreement in place. The claim would remain in the court system and if you defaulted they would be able to apply for judgment.

    There is usually a point that these are discontinued way before any hearing date - usually when the hearing fee is due if they aren't going to proceed. It really is up to you how much of a risk you want to take, and with your job relying on you having a clean file, it does seem a settlement is work considering.

    There isn't a process as such, more a game of chess ( or stress ).

    Putting a defence in now though will give you a bit more breathing space... you don't have to make any decision instantly. If they produce the docs at any point you could then negotiate with them.
    “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

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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
    Hiya,

    If you are defending and are unsure, and a CCJ would mean you lose your job, then you should think about negotiating settlement out of court ( under a Tomlin order ) at this stage ( a week after filing your defence is often a good time to get a decent settlement actually) The sum being claimed is £8991.55 and you have around £200 disposable income but needs to cover all of your debts ? Otherwise you stick it out, this is a MBNA credit card - you say back to 2010 - so unlikely it will be statute barred. So defence wise you are looking at hoping the claimant can't provide the agreement. MBNA I'd say it's 50/50 whether they will provide it. When was the MBNA card taken out originally do you know ?

    A CCJ isn't just passed ( unless you fail to enter a defence ) and you can negotiate to settle outside of court at any time but they don't HAVE to accept. You're probably looking at £50 a month for this minimum to get an agreement in place. The claim would remain in the court system and if you defaulted they would be able to apply for judgement.

    There is usually a point that these are discontinued way before any hearing date - usually when the hearing fee is due if they aren't going to proceed. It really is up to you how much of a risk you want to take, and with your job relying on you having a clean file, it does seem a settlement is work considering.

    There isn't a process as such, more a game of chess ( or stress ).

    Putting a defence in now though will give you a bit more breathing space... you don't have to make any decision instantly. If they produce the docs at any point you could then negotiate with them.
    @Amethyst - Thank you so much for this overview. It really does help in terms of understanding the options. This site has been so valuable to me.

    A quick couple of questions . . .

    1) If I submit my defence now based on the current situation of no contracts and let's say they can't find them by the hearing. Would that be the end of it?

    2) If I submit my defence now and then try to negotiate a settlement via a Tomlin order would that be me admitting liability?

    3) Finally, when negotiating a Tomin order can you also negotiate a lower balance. I have £50 per month tops to pay into a Tomlin so i would be paying it for 15 years at that rate! Any thoughts on this?

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

    1) It should be, but not necessarily - they could ask the court to allow them more time to come up with the documents.
    2) No as any genuine attempt at negotiation and settlement during the court process is made without prejudice ( you'd write that at the top of any letters offering settlement)
    3) You can negotiate what you like really, depends how ballsy you feel - if there are no docs and you have defended you are in a better position and may POSSIBLY be able to get agreement to approx 50% of the debt @ £50 a month. If you have property? though you might struggle as they might be looking at longer term CCJ + Charging order to secure the debt....in which case you'll struggle to get much of a discount - especially if they have the documents. £50 a month and review in 6 months if your circumstances improve etc could be put into the agreement.
    “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

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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
    1) It should be, but not necessarily - they could ask the court to allow them more time to come up with the documents.
    2) No as any genuine attempt at negotiation and settlement during the court process is made without prejudice ( you'd write that at the top of any letters offering settlement)
    3) You can negotiate what you like really, depends how ballsy you feel - if there are no docs and you have defended you are in a better position and may POSSIBLY be able to get agreement to approx 50% of the debt @ £50 a month. If you have property? though you might struggle as they might be looking at longer term CCJ + Charging order to secure the debt....in which case you'll struggle to get much of a discount - especially if they have the documents. £50 a month and review in 6 months if your circumstances improve etc could be put into the agreement.
    @Amethyst


    Ok I see ... Think the best bet is to supply a defence next week and see what happens. It's tough in the respect that you can't really play your next move until they play theirs.

    With regards to the Tomlin/CCJ and negotiations etc ... I have no property or assests of any value. Even if i was given a CCJ i still couldn't afford more than £50 per month max.

    Thanks again for the help. Am I ok to tag you when I put up my draft defence please?

  10. #60
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Course, or PM me if I'm not about xx
    “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

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

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

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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
    Course, or PM me if I'm not about xx
    @Amethyst

    Hey . . . Ive just PM'd you regarding the defence. I need to file it by tomorrow so if you could cast your eye over it that would be super helpful and most appreciated.

    Thanks in advance.

    1: I received the claim XXXXXXXX from the County Court Business Centre Northampton on 18/12/2015.


    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


    3: This claim is for acredit card agreement regulated under the Consumer Credit Act 1974.


    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


    5: The Claimants statement of case states that the account was assigned from MBNA toHillesden Securities Limited T/A DLC but fails to give a date as to when this was assigned. The Defendant does not recall ever receiving notice of this assignment.


    6: It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


    7: On the 18/12/2015I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke SolicitorsI requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


    8: Mortimer Clarke Solicitorshave not sent any of these documents to me.


    9: On the26/08/2015 I sent a formal request for a copy of the original agreement to DLCpursuant to section78of the Consumer Credit Act 1974 along with the statutory £1 fee. The claimant didn't knowledge receipt of this request untilxxh November 2015 and has since failed to supply the details of my request.


    10: The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)Consumer Credit Act 1974 cannot enforce the agreement.


    11: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


    12: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


    13: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


    14: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


    15: It is denied that the Claimant is entitled to the relief as claimed or at all.


    Statement of Truth


    The Defendant believes that the facts stated in this Defence are true.






    Signed …………………………………………


    Dated .................................................. ....
    Last edited by happyharry; 17th February 2016 at 14:51:PM.

  12. #62
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    Default Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

    Replied xx Post it or PM it is fine xxx I am off to bed shortly but I'll check first thing in morning
    “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

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

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

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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
    Replied xx Post it or PM it is fine xxx I am off to bed shortly but I'll check first thing in morning
    No problem, thank you . . . See below . . . x

    1: I received the claim XXXXXXXX from the County Court Business Centre Northampton on 18/12/2015.


    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


    3: This claim is for acredit card agreement regulated under the Consumer Credit Act 1974.


    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


    5: The Claimants statement of case states that the account was assigned from MBNA toHillesden Securities Limited T/A DLC but fails to give a date as to when this was assigned. The Defendant does not recall ever receiving notice of this assignment.


    6: It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


    7: On the 18/12/2015I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke SolicitorsI requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


    8: Mortimer Clarke Solicitorshave not sent any of these documents to me.


    9: On the26/08/2015 I sent a formal request for a copy of the original agreement to DLCpursuant to section78of the Consumer Credit Act 1974 along with the statutory £1 fee. The claimant didn't knowledge receipt of this request until XX November 2015 and has since failed to supply the details of my request.


    10: The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)Consumer Credit Act 1974 cannot enforce the agreement.


    11: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


    12: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


    13: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


    14: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


    15: It is denied that the Claimant is entitled to the relief as claimed or at all.


    Statement of Truth


    The Defendant believes that the facts stated in this Defence are true.






    Signed …………………………………………


    Dated .................................................. ....
    Last edited by happyharry; 17th February 2016 at 14:51:PM.

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

    Well as they haven't sent you a sausage that is pretty straightforward Only bit I'm not sure on is '' The claimant didn't knowledge receipt of this request until 25th November 2015 and has since failed to supply the details of my request." maybe The claimant failed to acknowledge receipt of this request until 25th November 2015, and has since failed to provide a copy of the regulated credit agreement.

    Other than that, which isn't an issue at all just a wording thing, I think you're good to go
    “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

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

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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
    Well as they haven't sent you a sausage that is pretty straightforward Only bit I'm not sure on is '' The claimant didn't knowledge receipt of this request until 25th November 2015 and has since failed to supply the details of my request." maybe The claimant failed to acknowledge receipt of this request until 25th November 2015, and has since failed to provide a copy of the regulated credit agreement.

    Other than that, which isn't an issue at all just a wording thing, I think you're good to go
    Thank you for that. I'll submit it in the morning and see how we go from there.

    It is quite unbelievable that since my first request in August they didn't respond until November and then after finally acknowledging the request they 18 days later send me a CCJ Claim.

    Thank you so much for all your help and @nemesis45 also. Still a long way to go with this I guess but will keep you updated.

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

    @nemesis45 @Amethyst

    Hello to you both, I was hoping you might be able to give me some more advice again? I filled my defence on Friday have received this today from the court;

    https://www.dropbox.com/s/uvmv5gqlns...%2047.jpg?dl=0

    I presume that effectively gives Mortimer a further 28 days to come up with the documents they need to enforce the alleged debt? At what point would this be to late for them?

    Is now the time to start trying to negotiating a settlement in the way of a Tomlin Order and if so is there any advice (do's and don't) or online guidance within the forum to get me started? I'm conscious that I don't want to admit any liability by negotiating a Tomlin order so any pointers here would be appreciated.

    Thanks in advance for your replies . . .

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

    The letter does simply mean the court has received your defence and have sent it to the Claimants. The Claimants have 28 days to get back and tell the court if they want to carry on with the case, otherwise it is stayed. Sometimes the claimant will just discontinue, sometimes they will find the documents and proceed through to allocation, and sometimes (mostly) the case just gets stayed indefinately in the court - and they have to apply to lift the stay when they have the docs.

    So really I'd wait for the 28 days to see if they intend to proceed before looking at negotiation.
    “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

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

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

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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 @Amethyst

    Hello to you both, I was hoping you might be able to give me some more advice again? I filled my defence on Friday have received this today from the court;

    https://www.dropbox.com/s/uvmv5gqlns...%2047.jpg?dl=0

    I presume that effectively gives Mortimer a further 28 days to come up with the documents they need to enforce the alleged debt? At what point would this be to late for them?

    Is now the time to start trying to negotiating a settlement in the way of a Tomlin Order and if so is there any advice (do's and don't) or online guidance within the forum to get me started? I'm conscious that I don't want to admit any liability by negotiating a Tomlin order so any pointers here would be appreciated.

    Thanks in advance for your replies . . .
    Hello H,
    The claimant has 28 days to respond to your defence. 3 possibilities 1. They respond and continue the claim 2. They discontinue the claim 3, They do nothing and the court stays the claim indefinitely. The claimant must then pay a fee to lift the stay.

    nme
    Last edited by Kati; 27th April 2017 at 08:57: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

    Quote Originally Posted by Amethyst View Post
    The letter does simply mean the court has received your defence and have sent it to the Claimants. The Claimants have 28 days to get back and tell the court if they want to carry on with the case, otherwise it is stayed. Sometimes the claimant will just discontinue, sometimes they will find the documents and proceed through to allocation, and sometimes (mostly) the case just gets stayed indefinately in the court - and they have to apply to lift the stay when they have the docs.

    So really I'd wait for the 28 days to see if they intend to proceed before looking at negotiation.
    @Amethyst

    Thank you for the quick reply! I guess its a case of wait and see now then. Is the 28 days they now have from the date of my defence or the date of the court letter, I'm presuming the latter?

    Thank you.

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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
    Hello H,
    The claimant has 28 days to respond to your defence. 3 possibilities 1. They respond and continue the claim 2. They discontinue the claim 3, They do nothing and the court stays the claim indefinitely. The claimant must then pay a fee to lift the stay.

    nme

    Hey Nem,

    I hope your Son has/is recovering well?

    Thanks for info . . . I suppose there is no way of knowing how this will go until the 28 days is up or if during that time they discontinue. I'll come back to you when I need to if that's ok? As always thanks for the help!
    Last edited by Kati; 27th April 2017 at 08:57:AM.

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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
    @Amethyst

    Thank you for the quick reply! I guess its a case of wait and see now then. Is the 28 days they now have from the date of my defence or the date of the court letter, I'm presuming the latter?

    Thank you.
    The date the claimant receives your defence from the court.

    nem
    Last edited by Kati; 27th April 2017 at 08:57: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

    Quote Originally Posted by nemesis45 View Post
    The date the claimant receives your defence from the court.

    nem

    - - - Updated - - -



    The date the claimant receives your defence from the court.

    nem
    @nemesis45 @Amethyst

    Hope your both well ... Just wondering if I should be doing anything with this? I've heard nothing from Mortimer Clarke for weeks and nothing from court since the last letter from them acknowledging the defence. 28 days hasn't passed yet I know.

    Is it a case of sitting tight and seeing what happens and if so do the court normally let you know if the claims been stayed?
    Last edited by happyharry; 3rd March 2016 at 19:20:PM.

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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 @Amethyst

    Hope your both well ... Just wondering if I should be doing anything with this? I've heard nothing from Mortimer Clarke for weeks and nothing from court since the last letter from them acknowledging the defence. 28 days hasn't passed yet I know.

    Is it a case of sitting tight and seeing what happens and if so do the court normally let you know if the claims been stayed?
    Morning H.

    The court will not inform you if the claim has been stayed, nor will the claimant, it's down to you to check if you don't get notice that the claimant has responded to your defence.

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

    Just a case of sitting on your hands for a little bit, if you hear nothing for about a week after the 28 days then I'd give the court a call and check if it is stayed.
    “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

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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
    Just a case of sitting on your hands for a little bit, if you hear nothing for about a week after the 28 days then I'd give the court a call and check if it is stayed.
    Thank you ... Will keep you updated

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