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Mortimer Clarke - letter before court claim

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  • #46
    Re: Mortimer Clarke - letter before court claim

    failure could see a case go against you!!!

    Comment


    • #47
      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 [MENTION=55034]nemesis45[/MENTION] 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

      Comment


      • #48
        Re: Mortimer Clarke - letter before court claim

        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.

        Comment


        • #49
          Re: Mortimer Clarke - letter before court claim

          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

          Comment


          • #50
            Re: Mortimer Clarke - letter before court claim

            Defence Example

            Comment


            • #51
              Re: Mortimer Clarke - letter before court claim

              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

              Comment


              • #52
                Re: Mortimer Clarke - letter before court claim

                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

                Comment


                • #53
                  Re: Mortimer Clarke - letter before court claim

                  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.

                  Comment


                  • #54
                    Re: Mortimer Clarke - letter before court claim

                    http://www.wfs.co.uk/documents/cca-a...ct-sheet-v.1.4

                    Go for the full monty (£10 fee)
                    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

                    Comment


                    • #55
                      Re: Mortimer Clarke - letter before court claim

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

                      Comment


                      • #56
                        Re: Mortimer Clarke - letter before court claim

                        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 - - -

                        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?

                        Comment


                        • #57
                          Re: Mortimer Clarke - letter before court claim

                          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

                          Comment


                          • #58
                            Re: Mortimer Clarke - letter before court claim

                            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?

                            Comment


                            • #59
                              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

                              Comment


                              • #60
                                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 Files

                                Comment

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