Mortimer Clarke - letter before court claim

[charitynjw]

Re: Mortimer Clarke - letter before court claim

If you still want to raise an SB argument, you should include it in the defence.

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

If you still want to raise an SB argument, you should include it in the defence.

Sorry for all the questions. I just want to get this right. However, I'm slightly confused! You say the defence is only to what is written in the PoC so that the assignment date shouldn't be included - then I should include it if I want to raise an SB argument?

I don't know whether to go down the SB road as I literally cannot remember anything about this debt and don't want to get it wrong

[charitynjw]

Re: Mortimer Clarke - letter before court claim

Sorry for all the questions. I just want to get this right. However, I'm slightly confused! You say the defence is only to what is written in the PoC so that the assignment date shouldn't be included - then I should include it if I want to raise an SB argument?
You can raise other arguments in your defence. (ie see SB below).

I don't know whether to go down the SB road as I literally cannot remember anything about this debt and don't want to get it wrong

They are claiming that you owe money.
You would be saying that you don't, because
1/ it would be SB
2/3/4/ etc, other arguments.

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

They are claiming that you owe money.
You would be saying that you don't, because
1/ it would be SB
2/3/4/ etc, other arguments.

It is now submitted. I took out the dates and entered an SB defence too.

Thanks for all your help the last few weeks!

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

UPDATE

ive received a letter from the court saying MC have 28 days to reply then the claim will be stayed. What does that mean? Is it easy enough for them to reopen after 28 days? Thanks.

[nemesis45]

Re: Mortimer Clarke - letter before court claim

UPDATE

ive received a letter from the court saying MC have 28 days to reply then the claim will be stayed. What does that mean? Is it easy enough for them to reopen after 28 days? Thanks.

Good morning.

It means if the claimant does not answer your defence the court will suspend the claim and the claimant will have to pay a fee to lift the stay (suspension).

You will not be informed if this happens so you will have to check with the court on the status of the claim once the time to respond runs out.

nem

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

Good morning.

It means if the claimant does not answer your defence the court will suspend the claim and the claimant will have to pay a fee to lift the stay (suspension).

You will not be informed if this happens so you will have to check with the court on the status of the claim once the time to respond runs out.

nem

Morning nem!

thank you. Do they have a time scale to lift it or can that be any time?

[nemesis45]

Re: Mortimer Clarke - letter before court claim

Morning nem!

thank you. Do they have a time scale to lift it or can that be any time?

28 days from the date they receive the defence + 5 days for service.

Unfortunately a " stay " is open ended some claims have been stayed for years. If a claim remains stayed for a prolonged period you could ask the claimant to discontinue or make an application for the claim to be struck out.

nnem

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

I have received this letter from the solicitors. I take it this is why they have rushed it through as it was nearing to becomin SB? Do I just wait for them to find the agreement I've requested?

[charitynjw]

Re: Mortimer Clarke - letter before court claim

If it were me, I'd just file the letter for future reference.

You have submitted a defence based in part on the Claimant's failure to comply with your CCA request.
They have been instructed by the court to reply to your defence within 28 days.
I would phone the court shortly after that deadline to check on the status of the claim.

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

If it were me, I'd just file the letter for future reference.

You have submitted a defence based in part on the Claimant's failure to comply with your CCA request.
They have been instructed by the court to reply to your defence within 28 days.
I would phone the court shortly after that deadline to check on the status of the claim.

Thanks I was thinking I was best just leaving it for now. The 28 days is up in just over a week so I will give them a call then. Thank you!

[MIKE770]

Re: Mortimer Clarke - letter before court claim

28 days + 5 days to allow records be updated

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

28 days + 5 days to allow records be updated

Ahh ok, nearly two weeks then

[nemesis45]

Re: Mortimer Clarke - letter before court claim

I have received this letter from the solicitors. I take it this is why they have rushed it through as it was nearing to becomin SB? Do I just wait for them to find the agreement I've requested?

Good morning,
I suspect you are correct!

That's a very old template letter.

Do not rely on any " on hold " statements from MC or it's " client ".

nem

- - - Updated - - -

I have received this letter from the solicitors. I take it this is why they have rushed it through as it was nearing to becomin SB? Do I just wait for them to find the agreement I've requested?

Good morning,
I suspect you are correct!

That's a very old template letter.

Do not rely on any " on hold " statements from MC or it's " client ".

nem

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

Just an update - I have spoken to the court and they have not heard from the solicitors so it is now stayed.

Is is there any best course of action to take?

Thanks