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Thread: Mortimer Clarke - letter before court claim

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  1. #26
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    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.
    Thanks again.

    just acknowledging it now. I need to click on i intend to defend all of the claim?

    Ill set up a new thread once I've completed my letters?

  2. #27
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    Thanks again.

    just acknowledging it now. I need to click on i intend to defend all of the claim? Yes

    Ill set up a new thread once I've completed my letters?
    No, best to continue on this one.
    Let us know when sorted.
    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

  3. #28
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    The court claim has came through today. I'll have to resend the letters again?
    Looking back through your thread I can see a lot of debate as to which letters to send so can you clarify that you did eventually send a formal CCA Request together with a £1 postal order?

    Hopefully you didn't send the SB letter which would have given them the 'heads up' to seek out the payment history or prompted them to issue a claim on the offchance that you're wrong with the dates.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  4. #29
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    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.
    Since this was a loan (fixed term credit not running credit) when was the loan due to expire regardless of your last payment date?

    With loans the expiry date can have an impact on the SB date.

    Di
    Last edited by Diana M; 17th December 2016 at 10:21:AM. Reason: typo
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  5. #30
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by Diana M View Post
    Since this was a loan (fixed term credit not running credit) when was the loan due to expire regardless of your last payment date?

    With loans the expirey date can have an mpact on the SB date.

    Di
    I sent the SB letter. Is that bad??

    i honestly can't remember when it was due to expire. Maybe 2009/2010 but I guessing.

  6. #31
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by Diana M View Post
    Since this was a loan (fixed term credit not running credit) when was the loan due to expire regardless of your last payment date?

    With loans the expirey date can have an mpact on the SB date.

    Di
    I sent this -


    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

  7. #32
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    I sent the SB letter. Is that bad??

    i honestly can't remember when it was due to expire. Maybe 2009/2010 but I guessing.
    No it's not bad, but in my experience sending a SB letter can trigger not prevent a claim. Unless you're 110% certain a debt is SB it's not wise to alert a creditor to the possibility - you need to do the research first.

    In your case if your loan expiry date was 2010 (you're not sure of that yet) then the debt may be SB as long as that date is accurate and before December 2010 when the claim was issued.

    Did you stop paying completely when you could no longer afford the loan's monthly contractual payment (during the predicted life of the loan) or did you continue to make smaller/token payments for a while? This helps to determine whether a Default Notice would/should have been issued (or not).

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  8. #33
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    I sent this -

    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.
    ^^^^ if that's the letter you sent then it wasn't a letter stating the debt is SB.

    If so, then you can save that surprise (SB) for your Defence.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #34
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by Diana M View Post
    No it's not bad, but in my experience sending a SB letter can trigger not prevent a claim. Unless you're 110% certain a debt is SB it's not wise to alert a creditor to the possibility - you need to do the research first.

    In your case if your loan expiry date was 2010 (you're not sure of that yet) then the debt may be SB as long as that date is accurate and before December 2010 when the claim was issued.

    Did you stop paying completely when you could no longer afford the loan's monthly contractual payment (during the predicted life of the loan) or did you continue to make smaller/token payments for a while? This helps to determine whether a Default Notice would/should have been issued (or not).

    Di
    I think I just stopped paying all together. It was so long ago. I got a letter from the solicitors today saying that a claim had been issued and the loan started in 2007 and was terminated in 2011.

    My letters will be going out in tomorrow's post.

  10. #35
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    Default Re: Mortimer Clarke - letter before court claim

    I'm typing my CCA to the claimant. It says i am asking for documents ahead of filing my defence on xx date.

    What date would that be? There is nothing on the claim?

  11. #36
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    Default Re: Mortimer Clarke - letter before court claim

    Sorry for all the questions - who
    do i get the postal order made out to?

  12. #37
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Let us know when sorted.
    I sent all my letters off today - is there anything I need to be doing in the mean time?

  13. #38
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    Default Re: Mortimer Clarke - letter before court claim

    Could you post up a copy of the N1 court claim form, or type out the Particulars of Claim (personal details scrubbed).
    A CPR 31.14 request for disclosure can be made to the Claimant's solicitors.
    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

  14. #39
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Could you post up a copy of the N1 court claim form, or type out the Particulars of Claim (personal details scrubbed).
    A CPR 31.14 request for disclosure can be made to the Claimant's solicitors.
    I sent the CPR request yesterday too. I'll upload pictures shortly. My phone won't let me do it for some reason. I'll upload a letter I received from the solicitor in response to my prove it letter. I did send it to ME III but the solicitor responded with dates

  15. #40
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Could you post up a copy of the N1 court claim form, or type out the Particulars of Claim (personal details scrubbed).
    A CPR 31.14 request for disclosure can be made to the Claimant's solicitors.
    please find attached the info
    Attached Images Attached Images

  16. #41
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    I sent the CPR request yesterday too. I'll upload pictures shortly. My phone won't let me do it for some reason. I'll upload a letter I received from the solicitor in response to my prove it letter. I did send it to ME III but the solicitor responded with dates
    Ok

    The CPR letter should have requested the agreement (I would also ask for the T&C's, as they are part of the agreement), & the Notice of Assignment.
    This was only assigned on .26/10/2016. Seems a bit quick to be issuing a court claim; I wonder why?
    Welcome (Cattles) are in a bit of a mess, & I believe there is a recent announcement re winding up the company.
    Have you explored PPI repayment? (Needs to be done via FSCS).
    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

  17. #42
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Ok

    The CPR letter should have requested the agreement (I would also ask for the T&C's, as they are part of the agreement), & the Notice of Assignment.
    This was only assigned on .26/10/2016. Seems a bit quick to be issuing a court claim; I wonder why?
    Welcome (Cattles) are in a bit of a mess, & I believe there is a recent announcement re winding up the company.
    Have you explored PPI repayment? (Needs to be done via FSCS).
    I just sent the standard letter that is on here and asked for the agreement as that was on the particulars.

    Ive not looked into ppi - I wouldn't of taken it.

    What happens if they don't respond before the 33 days is up?

  18. #43
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Ok

    The CPR letter should have requested the agreement (I would also ask for the T&C's, as they are part of the agreement), & the Notice of Assignment.
    This was only assigned on .26/10/2016. Seems a bit quick to be issuing a court claim; I wonder why?
    Welcome (Cattles) are in a bit of a mess, & I believe there is a recent announcement re winding up the company.
    Have you explored PPI repayment? (Needs to be done via FSCS).
    So I just received the attached.

    Does this mean thwy dont have the necessary documents to take me to court? Will the CCJ not be made against me next week when the time
    runs out?
    Attached Images Attached Images

  19. #44
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    So I just received the attached.

    Does this mean thwy dont have the necessary documents to take me to court? Will the CCJ not be made against me next week when the time
    runs out?
    Debts are sold in large portfolio lots with very little information or documents, but the debt industry will start claims without any evidence to hand because a very, very large number of claims are not challenged and people end up with a judgement by default.

    The on hold means nothing in terms of the court process.

    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.





  20. #45
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by nemesis45 View Post
    Debts are sold in large portfolio lots with very little information or documents, but the debt industry will start claims without any evidence to hand because a very, very large number of claims are not challenged and people end up with a judgement by default.

    The on hold means nothing in terms of the court process.

    nem
    Is there anything I have to do for the court process? Do I have to turn up?

  21. #46
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    Default Re: Mortimer Clarke - letter before court claim

    failure could see a case go against you!!!

  22. #47
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    Default Re: Mortimer Clarke - letter before court claim

    According to Mort C's letter the court claim was issued 12th December.
    IF that is correct (check the N1 court claim form), your defence needs to be filed 14th Jan latest.
    As @nemesis45 says, MC's 'on hold' is bovine excrement.
    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

  23. #48
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    According to Mort C's letter the court claim was issued 12th December.
    IF that is correct (check the N1 court claim form), your defence needs to be filed 14th Jan latest.
    As @nemesis45 says, MC's 'on hold' is bovine excrement.
    Sorry but I am like a fish out of water here. How do I file my defence? I am just confused by it all.

    14th jan was the date I had too.

  24. #49
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    Sorry but I am like a fish out of water here. How do I file my defence? I am just confused by it all.

    14th jan was the date I had too.
    You can do so via MCOL, or by email to the court, or by land mail (allow time for posting & send SignedFor tracked post).
    You have plenty of time, so have a look at the defence example (top of thread) & feel free to ask if you need assistance with 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

  25. #50
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    Default Re: Mortimer Clarke - letter before court claim


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