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Thread: Mortimer Clarke - letter before court claim

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  1. #51
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    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.
    I just had a look and noticed there was an example. I'll get it drafted up and will send it just before the 14th. Will no doubt be in touch to make sure I've put the right thing. Thank you

  2. #52
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    I just had a look and noticed there was an example. I'll get it drafted up and will send it just before the 14th. Will no doubt be in touch to make sure I've put the right thing. Thank you
    Did you SAR Welcome ?
    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. #53
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Did you SAR Welcome ?
    I didn't- I will do that tomorrow and hope I've enough time to get something back.

  4. #54
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    Default Re: Mortimer Clarke - letter before court claim

    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

  5. #55
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Will do. Just been reading other threads and they sound a nightmare to deal with

  6. #56
    helpmeplease123's Avatar

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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.
    Me again! Just getting my defence together.

    I just lay it out in points like the example but obviously changing the details to my own?

    - - - Updated - - -

    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.
    Me again! Just getting my defence together.

    I just lay it out in points like the example but obviously changing the details to my own?

  7. #57
    charitynjw's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    Me again! Just getting my defence together.

    I just lay it out in points like the example but obviously changing the details to my own?

    - - - Updated - - -


    Me again! Just getting my defence together.

    I just lay it out in points like the example but obviously changing the details to my own?
    Yes, pretty much.
    & now would be the time (in the defence) to also mention potential Statute-barred.
    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

  8. #58
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Yes, pretty much.
    & now would be the time (in the defence) to also mention potential Statute-barred.
    How would you word that?

    number 5 says - particulars of claim fail to state when agreement was entered. - my particulars does give an on or around date - shall I remove this one?

  9. #59
    Diana M's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    If your Defence deadline is 14th January which is a Saturday then you have until 4 pm on the following working day (Monday) to file your Defence.

    It seems you may have sent a s.77-79 CCA Request so what is the status update of that?

    I can also see you were advised to send a SAR to Welcome so what was the outcome of that which may be crucial not just for your SB argument but in terms of any DN or NOA served etc?

    Can you clarify the precise name of the Claimant on the summons (N1). The Claimant has to prove that they have the legal right to claim th debt.

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

    This forum’s site rules don’t 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

  10. #60
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    I have no update, only the letter I received, which is attached.

    I have sent a SAR but no reply yet, I believe they have 40 days?
    Attached Images Attached Images

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by Diana M View Post
    If your Defence deadline is 14th January which is a Saturday then you have until 4 pm on the following working day (Monday) to file your Defence.

    It seems you may have sent a s.77-79 CCA Request so what is the status update of that?

    I can also see you were advised to send a SAR to Welcome so what was the outcome of that which may be crucial not just for your SB argument but in terms of any DN or NOA served etc?

    Can you clarify the precise name of the Claimant on the summons (N1). The Claimant has to prove that they have the legal right to claim th debt.

    Di
    The precise name is ME III Limited.

    Sorry Ry didn't quote you in my other reply, above.

  12. #62
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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    How would you word that?

    number 5 says - particulars of claim fail to state when agreement was entered. - my particulars does give an on or around date - shall I remove this one?
    Is the PoC accurate?
    ####
    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

  13. #63
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    ####
    I have answered them? They're in two separate posts.

    I really have have no clue if it is accurate or not to be honest.

  14. #64
    charitynjw's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    I have answered them? They're in two separate posts.
    Apologies, yes you have (I'd already deleted that bit from my post, but you replied very quickly).

    I really have have no clue if it is accurate or not to be honest.
    ####
    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

  15. #65
    charitynjw's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    number 5 says - particulars of claim fail to state when agreement was entered. - my particulars does give an on or around date - shall I remove this one?
    Quote Originally Posted by helpmeplease123 View Post
    I really have have no clue if it is accurate or not to be honest.
    5. The particulars of claim state the agreement was entered into on or around (date). Due to the failure to date of the Claimant & Claimant's solicitors to disclose the requested information (below, paragraph no.s 8/9 & 10/11*) the Defendant is unable to concur with the statement.
    (Or words to that effect)

    *The CPR & CCA requests
    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

  16. #66
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    5. The particulars of claim state the agreement was entered into on or around (date). Due to the failure to date of the Claimant & Claimant's solicitors to disclose the requested information (below, paragraph no.s 8/9 & 10/11*) the Defendant is unable to concur with the statement.
    (Or words to that effect)

    *The CPR & CCA requests
    This is all typed up and ready to go. Am I able to show anyone to make sure it is right? Is that allowed?

  17. #67
    charitynjw's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post
    This is all typed up and ready to go. Am I able to show anyone to make sure it is right? Is that allowed?
    Please feel free to do 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

  18. #68
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by charitynjw View Post
    Please feel free to do so.
    Thank you. Here are some screen shots. I've not included the top part with names and claim
    number etc.
    Attached Images Attached Images

  19. #69
    charitynjw's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    If it were me I'd double-space the paragraphs.

    & triple-check the content (ie para #6......no, they did not state that date in the PoC).
    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

  20. #70
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Ok will do.

    What do you mean about number 6?

    the only one I wasn't sure on was number 4. I haven't admitted or denied anything just stated I don't have sufficient evidence. Is that right?

    - - - Updated - - -

    Quote Originally Posted by charitynjw View Post
    If it were me I'd double-space the paragraphs.

    & triple-check the content (ie para #6......no, they did not state that date in the PoC).
    Ok will do.

    What do you mean about number 6?

    the only one I wasn't sure on was number 4. I haven't admitted or denied anything just stated I don't have sufficient evidence. Is that right?

  21. #71
    charitynjw's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Quote Originally Posted by helpmeplease123 View Post

    What do you mean about number 6?
    Assigned 26/10/2016?
    I can't see that date on the PoC.
    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

  22. #72
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    That was in a separate letter from
    the solicitors. I've attached it. Shall I leave that out?

    - - - Updated - - -

    Quote Originally Posted by charitynjw View Post
    Assigned 26/10/2016?
    I can't see that date on the PoC.
    Please see above
    Attached Images Attached Images

  23. #73
    charitynjw's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Your defence is a response to the PoC, not to other communications.
    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

  24. #74
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Ohh ok. Thanks for the info! I'll have a look through now and adjust.

  25. #75
    helpmeplease123's Avatar

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    Default Re: Mortimer Clarke - letter before court claim

    Ohh ok. Thanks for the info! I'll have a look through now and adjust.

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