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Mortimer Clarke - Carbot CCJ

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  • #16
    They have agreed specifically to an extension under CPR 15.5 and you have informed the court in writing so yes that is fine. Put your defence in before the 14 days past your defence date though, even if you don't receive anything further.

    Judgment has to be requested so if they agreed in writing to the extension they shouldn't ask the court for judgment in any case.... and if they did you can show the letter and evidence you informed the court so it shouldn't have gone through.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Thank you so much; I really do appreciate your help. I could literally hug you

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      • #18
        jaguarsuk hi again. I have just arrived home to this letter from Carbot.

        An update on your request

        we’re still processing your request, we have contacted the original lender for the relevant information. As we haven’t yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request.

        This means we are not permitted to obtain judgement or decree against you in court.

        Does this mean the CCJ claim will be cancelled? Or is there a possibility they will still manage to obtain the documents? Do I need to inform the court?

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        • #19
          no until they find one/if ever then they cannot enforce in court, never cancelled maybe discontinued time will tell

          as far as the court goes just follow their instructions you do not need to ring them as they do not want to know at this stage, best you look at other threads to see how these cases go? ]]it is not going to go away at this stage we see how it pans out, but keep an eye on your post

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          • #20
            Ok, I think I may have got prematurely excited . So do I now just wait for further contact? If I hear nothing by the time my defence is due, shall I just go ahead and file it?
            MIKE770 thank you for you advice, I will read up
            on the other threads and see if my brain will allow me
            to absorb any further info xx

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            • #21
              yes and state if fact request under such and such made and stiil out standing Example Defence

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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