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Thread: Mortimer Clarke - letter before court claim

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    Default Mortimer Clarke - letter before court claim

    Hi all!

    I have received a letter demanding money for a very old loan or they will issue a claim against me. can anyone advise the best way to deal with this?

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    Default Re: Mortimer Clarke - letter before court claim

    I can't even find this account on my noddle - does this mean it is statue barred?

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    Default Re: Mortimer Clarke - letter before court claim

    Hi helpmeplease123 & welcome to LB

    Quote Originally Posted by helpmeplease123 View Post
    Hi all!

    I have received a letter demanding money for a very old loan or they will issue a claim against me. can anyone advise the best way to deal with this?
    How old is the loan, is it regulated by the Consumer Credit Act & when did you pay into the account or acknowledge it in writing?

    Quote Originally Posted by helpmeplease123 View Post
    I can't even find this account on my noddle - does this mean it is statue barred?
    Not necessarily; it might just mean it hasn't been reported, or that it is reported via another credit reference agency.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
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    Default Re: Mortimer Clarke - letter before court claim

    Hi!

    Thank you for your reply.

    In all all honesty I have no idea. I stopped paying it around 2008 - it is with welcome finance for £960. I don't even know where to find any information on it. It's been a long time since it has been acknowledged, I don't believe I have acknowledged it since then.

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    Hi!

    Thank you for your reply.

    In all all honesty I have no idea. I stopped paying it around 2008 - it is with welcome finance for £960. I don't even know where to find any information on it. It's been a long time since it has been acknowledged, I don't believe I have acknowledged it since then.
    Imho, reply with an SB letter. (Credit to @Debt Camel for the info).
    http://debtcamel.co.uk/statute-barred-debt/
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Imho, reply with an SB letter. (Credit to @Debt Camel for the info).
    http://debtcamel.co.uk/statute-barred-debt/
    Send the 'prove it' letter to the solicitors? Thanks again

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    Default Re: Mortimer Clarke - letter before court claim

    Or just go
    for the full SB letter?

    Is email sufficient? I might be running out of time to reply.

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    Send the 'prove it' letter to the solicitors? Thanks again
    The 'prove it' letter is more general.
    http://debtcamel.co.uk/prove-it/
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    Send the 'prove it' letter to the solicitors? Thanks again
    I would send the claimant a request for copy of the Welcome agreement. (CCA request) there's a template in the green box above.

    You need a £1 postal order "marked for statutory fee only" send it by signed for post .

    This is a backup to your SB statement.

    nem

    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 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: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    The 'prove it' letter is more general.
    http://debtcamel.co.uk/prove-it/
    Can I send this via email? I think I will miss the deadline if I do it via post

    thanks again for your help

    - - - Updated - - -

    Quote Originally Posted by nemesis45 View Post
    I would send the claimant a request for copy of the Welcome agreement. (CCA request) there's a template in the green box above.

    You need a £1 postal order "marked for statutory fee only" send it by signed for post .

    This is a backup to your SB statement.

    nem

    nem
    Thanks I shall do this too

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    Default Re: Mortimer Clarke - letter before court claim

    Lol!

    You will be sending 2 letters to the same people.

    So.........

    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Lol!

    You will be sending 2 letters to the same people.

    So.........

    Ok I'm lost! What letters am I sending to who?

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    Default Re: Mortimer Clarke - letter before court claim

    A CCA request & either a 'prove it' or a SB letter. ( I would simply instruct them to inform their legal representative, MC, in both letters, re the contents).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    A CCA request & either a 'prove it' or a SB letter. ( I would simply instruct them to inform their legal representative, MC, in both letters, re the contents).
    Ok so I sent a CAA request and a prove it letter to ME III (who has bought the debt) and they can deal with MC?

    sorry if I'm just rerepeating you - I just want to get it right!

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    Default Re: Mortimer Clarke - letter before court claim

    As things stand at the moment (as there is no actual court claim issued yet), I personally would view MC's current status as a debt collection agent acting on behalf of the alleged owner of the alleged debt.
    In such circumstances I would want to deal with the engineer, not the oily rag.
    However, you could copy in MC with CC's of both letters (but without the £1 fee for the CCA request) if you would prefer 'belt & braces'. A covering letter - 'Please find enclosed copies of a CCA request, & a statute-barred letter, sent to your client on (date)' would be ok.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    As things stand at the moment (as there is no actual court claim issued yet), I personally would view MC's current status as a debt collection agent acting on behalf of the alleged owner of the alleged debt.
    In such circumstances I would want to deal with the engineer, not the oily rag.
    However, you could copy in MC with CC's of both letters (but without the £1 fee for the CCA request) if you would prefer 'belt & braces'. A covering letter - 'Please find enclosed copies of a CCA request, & a statute-barred letter, sent to your client on (date)' would be ok.
    Brilliant I'll do this tomorrow. Wish me luck!! Thanks for the excellent advice

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    As things stand at the moment (as there is no actual court claim issued yet), I personally would view MC's current status as a debt collection agent acting on behalf of the alleged owner of the alleged debt.
    In such circumstances I would want to deal with the engineer, not the oily rag.
    However, you could copy in MC with CC's of both letters (but without the £1 fee for the CCA request) if you would prefer 'belt & braces'. A covering letter - 'Please find enclosed copies of a CCA request, & a statute-barred letter, sent to your client on (date)' would be ok.
    I'm just looking at these letters - do they not contradict themselves if I'm asking them to prove it, then also asking to send me my credit agreement?

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    I'm just looking at these letters - do they not contradict themselves if I'm asking them to prove it, then also asking to send me my credit agreement?
    As long as you do not admit actual liability for the debt in any way, you're covered. (If it were me I would use only the references etc that they have supplied in their letter).
    You could then argue that, although you are not in a position to comment about a debt which they allege exists, you cannot recall owing anything to anyone in well over 6 years.
    However, the main point is that it is their responsibility to prove that you are legally liable (but it would be wise of you to make further investigations anyway. If you haven't got file copies of the original paperwork etc., SAR the original lender & contact whichever bank you were using at the time to see if you can obtain statements for the relevant period).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    As long as you do not admit actual liability for the debt in any way, you're covered. (If it were me I would use only the references etc that they have supplied in their letter).
    You could then argue that, although you are not in a position to comment about a debt which they allege exists, you cannot recall owing anything to anyone in well over 6 years.
    However, the main point is that it is their responsibility to prove that you are legally liable (but it would be wise of you to make further investigations anyway. If you haven't got file copies of the original paperwork etc., SAR the original lender & contact whichever bank you were using at the time to see if you can obtain statements for the relevant period).
    Sorry about all the questions - I'm just stressing out about the whole thing. So i send them this and just quote the account number on the MC letter?


    I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.
    If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.
    The FCA rules say you cannot continue any collection activity until you have done so.
    Your name

    I will definitely send a sar too - thanks.

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    Sorry about all the questions - I'm just stressing out about the whole thing. So i send them this and just quote the account number on the MC letter?


    I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.
    If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.
    The FCA rules say you cannot continue any collection activity until you have done so.
    Your name

    I will definitely send a sar too - thanks.
    Ok to both.
    On the 'prove it', add a line to tell them to inform their monkey's*, MC to ensure that any prospective enforcement activity will be put on hold.

    *Not verbatim re 'monkeys', lol!
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Ok to both.
    On the 'prove it', add a line to tell them to inform their monkey's*, MC to ensure that any prospective enforcement activity will be put on hold.

    *Not verbatim re 'monkeys', lol!
    So it's been 2 weeks and no reply and the MC phone calls have stopped. Wonder if it has worked ��

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    Default Re: Mortimer Clarke - letter before court claim

    Well, the ball is now in their court.
    You have proof that you have responded to their allegation; they should provide the requested proof.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Well, the ball is now in their court.
    You have proof that you have responded to their allegation; they should provide the requested proof.
    Yes I've kept copies of the letters and my proof of postage. Will see what happens! Thanks

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Well, the ball is now in their court.
    You have proof that you have responded to their allegation; they should provide the requested proof.
    The court claim has came through today. I'll have to resend the letters again?

    What happens if I just pay it, or is too late for that?

    i really don't want this on my file

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    Default Re: Mortimer Clarke - letter before court claim

    Hi

    Most importantly, acknowledge the court claim.
    Details of how to do so are in the court claim pack. (Via MCOL is convenient)
    At the moment, defend in full; no need to admit liability just yet & you can always do this at a later stage if you wish.
    Do not enter anything in the 'defence' box. (Your written defence can come later).
    & if you live in England/Wales, do not contest jurisdiction.

    This will give you a month or so breathing space.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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