Mortimer Clarke, ME III Ltd

[ghostie]

Re: Mortimer Clarke, ME III Ltd

They have permission to deal with me and emails are in hubby's name...they told us on phone I think ...will check with hubby later what it says on letter because I am away at the moment

[ghostie]

Re: Mortimer Clarke, ME III Ltd

My husband said that he rang them on Tuesday and they are meant to be sending a letter out showing how they got to this amount.....they also told him on the phone that the last payment was 15/12/11

[ghostie]

Re: Mortimer Clarke, ME III Ltd

Got the letter (2 of them ) but they are still not telling us how they got to this figure....also I have asked repeatedly for telephone number or e-mail address for DAF but they are not giving us anything we ask for just the same as previous letters.....income expenditure etc.....Unfortunately I won't be able to see any replies to this until Tuesday evening ...thank you for your guidance so far

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

Latest Letter ( having a read back Ghostie I'll get back to you in a tic )

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

Did the letter you mentioned on 13th Jan have any details in at all ? ( sorry if you have sent them and I've missed them)

Have you decided whether you're going to try and get this set aside so you can defend the case or accept the CCJ and negotiate with them on payments ? http://legalbeagles.info/forums/show...l=1#post770541

[ghostie]

Re: Mortimer Clarke, ME III Ltd

For some reason they won't send anything ....I sent you the court order via email before ....they are so arrogant and annoying to deal with....won't send anything we ask for....Just emailed other letter over

[ghostie]

Re: Mortimer Clarke, ME III Ltd

We haven't got the money for a set aside judgement at the moment ....looks like my hubby won't have a job (works for Carillion ) We worked out last night all the payments made by us for the car and it came to £6,427......all we want is for them to show us where this figure has come from ...with the £7863 they want from us it takes an old second hand car to £14290 for a car that was voluntarily surrendered so they could sell it again .....

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

Oh bugger. Last thing you need !

Thanks for the previous letter - not very helpful are they ( attached main bit )

One advantage to applying to set aside the judgment ( and suceeding ) is that you could then defend the case and they would have to actually disclose their documents and figures how they came to the claim amount.

Do you want to have a go at asking them to consent to a set aside - sending them a draft of the application ? If they agree then the application could only cost £100 ( which could be added to costs at the end if you went on to win )
With a draft of the application they can see you are serious and might be a little more helpful with the background to the debt too.

Any idea how much the cash price for the original car was btw?

[ghostie]

Re: Mortimer Clarke, ME III Ltd

We would like ask them to set aside the judgement so how do we do that ? Can't remember the cash price of the car but one thing I do know is that there is no way it would have been more than £3 or £3.5 grand and that would have been the maximum we would have paid but something in back of my mind says £2.5

[Amethyst]

Okay, as they are continuing just to reply with the standard letter and IE sheets, I think you need to be getting a set-aside application in. It is all you can do if you don't want to be paying this debt to MEIII for the next however many years.


You could do the application as without notice or hearing and pay the £100 fee, however the court is likely to order it be 'on notice' and ask for the extra £155 to make it up to the £255.

You have to show that they had no reason to issue the claim at an old address ( that you kept whoever you were paying informed of address, were on electroal roll, kept credit file up to date etc ) and that you have a reasonable chance of success in defending the claim. Did you have a read through the set aside guidance ? https://legalbeagles.info/library/ho...-judgment-ccj/

You know after you handed the car back in 2006/2007 - why/how did you come to continue making £50 payments? - at the point you VT'd the car had you paid 50% ? or was it a case that the car was repossessed/given back due to nonpayment and they sold at auction claiming the shortfall from you ? If the car was £3k then it's likely the overall agreement would have ( with DAF ) been around £6k over 3 years? something like that. If you VT'd then you'd have had to have paid over £3k before giving the car back and terminating the agreement.

[Diana M]

Re: Mortimer Clarke, ME III Ltd

We haven't got the money for a set aside judgement at the moment

Take another look at post # 53. Unfortunately my tag Diana M on that post doesn't work now that the forum has been upgraded.

Re: Mortimer Clarke, ME III Ltd

but I would, if you don't feel you can deal with the set aside application and defending the claim, give someone a call who can advise you - whether that be a consumer credit firms like the ones [MENTION=87380]Diana M[/MENTION] or [MENTION=551]pt2537[/MENTION] work for ( which might have some fees if they go on to act for you but a free initial chat with them might help you work out what you want to do)

Di

[ghostie]

I have just posted a letter to DAF asking for original agreement and statement of account so hopefully they will be a bit more forthcoming....I have scanned it and saved copy to my email and my husband's