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Re: County court claim for Statute Barred Debt
Hello marvins,
Have you checked with the court recently for any activity is maybe that the claim has been stayed, worth checking on Monday.
You do have the opportunity to apply to the court for the claim to be struck out due to the claimants non compliance with CCA request.
Mike is correct Court Form N244 for applications Court Fee £155.00.
A suggestion for to test the water.
A letter to Mortimer Clarke,
date:
Ref: CC Claim No,.................................
Sir/ Madam,
I write in reference to the above mentioned claim issued on behalf of Hillesden Securities T/A DLC.
Please take note:
It is my intention to apply to the court for this claim to be struck on the grounds that Hillesden Securities T/ A DLC has failed to provide and evidence of my having liability for the alleged debt.
Having failed to comply with my request for inspection of documents under the provisions of CPR 31 .14 and also my request for a copy of the agreement relevant to this alleged debt.
I suggest that Mortimer Clarke now informs its client of my intention and invites them to withdraw/discontinue the claim forthwith in the interest of saving cost and court time.
! will of course seek the cost of the application from your client.
Should your client decide to pursue the claim further it will be robustly defended.
Your response is required within 7 working days from the date hereon.
If you use the above send it by signed for post and check delivery date and signature as Cabot/ Hillesden and their in house solicitors are making a habit of claiming letters have not been received.
nem
Hello marvins,
Have you checked with the court recently for any activity is maybe that the claim has been stayed, worth checking on Monday.
You do have the opportunity to apply to the court for the claim to be struck out due to the claimants non compliance with CCA request.
Mike is correct Court Form N244 for applications Court Fee £155.00.
A suggestion for to test the water.
A letter to Mortimer Clarke,
date:
Ref: CC Claim No,.................................
Sir/ Madam,
I write in reference to the above mentioned claim issued on behalf of Hillesden Securities T/A DLC.
Please take note:
It is my intention to apply to the court for this claim to be struck on the grounds that Hillesden Securities T/ A DLC has failed to provide and evidence of my having liability for the alleged debt.
Having failed to comply with my request for inspection of documents under the provisions of CPR 31 .14 and also my request for a copy of the agreement relevant to this alleged debt.
I suggest that Mortimer Clarke now informs its client of my intention and invites them to withdraw/discontinue the claim forthwith in the interest of saving cost and court time.
! will of course seek the cost of the application from your client.
Should your client decide to pursue the claim further it will be robustly defended.
Your response is required within 7 working days from the date hereon.
If you use the above send it by signed for post and check delivery date and signature as Cabot/ Hillesden and their in house solicitors are making a habit of claiming letters have not been received.
nem
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