Mortimer Clarke Solicitors - claim form ( Northampton Court )

[echat11]

All in my defence is correct and truthful

Leave it as it is, unless you really want to write to the court and their solicitors.

[Aleksandra_w]

Not really.

the fee to amend this is £108

An application to amend your response to the claim would need to be made on the attached response forms .Please give the reason(s) why you want to make the amendment(s) on the N244.

Please read this email and any attached notes thoroughly before sending the application to the court as incorrectly completed applications will be returned to you.

The fee for this type of application is £108.00.

Court fees can be paid by a Cheque or Postal Order made payable to HMCTS orby contacting our Helpdesk on the number below between 9:00am and 3:30pm Monday - Friday (9:00am - 3:00pm on the last working day of the month).

[Aleksandra_w]

Please see attachment for making amendments to Northampton CC. Perhaps site can use them for future queries

[Celestine]

Then you cannot use Limitation Act, so remove section 7.

[Aleksandra_w]

Then you cannot use Limitation Act, so remove section 7.

I removed it section 7 “ the statute barred”
before submitting

[Aleksandra_w]

So I received email response from MC.
they provided:

> copy(not an original) agreement
> statement of account (note that the full statement of account is not enclosed does not mean it is not available, it is simply a case of reducing unnecessary documents. The full Statement of Account can be supplied on request.)
> Default Notice
> Termination dates
> Notice of Assignment

also they mentioned;

13. In the circumstances the Defendant’s Defence should be struck out.


14.For the reasons set out above, the Court is invited to strike out the Defence pursuant to the provisions of CPR 3.4 (2) (a) in that it discloses no grounds for defending these proceedings.


they attached also Direction Questioner:
they agreed to Small Claim Mediation services.

im guessing I’m going to receive that via post and I can respond.

what would be my next move and what shall I expect if I agree to mediation?

- can I work out deal with them like reduction to the debt?
- would I have to repay everything in the agreed period of time ( how long do they usually give?)

[echat11]

Go through the documents -

a) > copy(not an original) agreement

You need to go through the CCA Agreement, make sure all the prescribed terms are on the agreement. They also need to provide the 'varied' terms and conditions if the agreement has been varied.

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

b) > statement of account (note that the full statement of account is not enclosed does not mean it is not available, it is simply a case of reducing unnecessary documents. The full Statement of Account can be supplied on request.)

You can request that if it will help.

c) > Default Notice

Check that the Default Notice is valid / correct.

d) > Termination dates

Check that they are correct.

e) > Notice of Assignment

Did you receive the Notice of Assignment from the assignee?

also they mentioned;

f) 13. In the circumstances the Defendants Defence should be struck out.

Standard wording.

g) 14.For the reasons set out above, the Court is invited to strike out the Defence pursuant to the provisions of CPR 3.4 (2) (a) in that it discloses no grounds for defending these proceedings.

Standard wording.

h) they attached also Direction Questioner:
they agreed to Small Claim Mediation services.

Good. When you fill in the DQ, make sure you agree to Mediation.

i) im guessing I’m going to receive that via post and I can respond.

Correct.

j) what would be my next move and what shall I expect if I agree to mediation?

Go through the documents they've sent you. Fill in the DQ send it to the Court and the other sides solicitors, make sure you get Proof of Postage. This explains Mediation, it's 'informal' - https://www.smallclaimscourtgenie.co...ation-service/

k) - can I work out deal with them like reduction to the debt?

Yes, do some preparation before Mediation, various offers that you want to put forward, start from a low amount, go from there. Remember Mediation lasts for 1/2 hour, so planning is a must.

l) - would I have to repay everything in the agreed period of time ( how long do they usually give?)

That's part of Mediation, part of making offers.

Celestine

[Celestine]

It would be helpful to see the credit agreement and default notice (suitable redacted).

[Aleksandra_w]

Celestine

please excuse so many attachments.
I couldn’t upload the document as the size was to big.

I still haven’t received anything from the court nor the mediation papers.

[Celestine]

From what you have uploaded, all looks in order. a 2010 agreement can be a reconstituted agreement. Does the agreement seem right to you in terms of what you recall the terms being. Was there an introductory rate etc?
The default notice would be interesting to see if you can attach it?

[Aleksandra_w]

Celestine

Thank you for your quick response.

the agreement look as soon as I can remember.

Was their an introductory rate etc? - Not sure. How would that look like?

please find attached
-default notice
- letter of the assignment

[Aleksandra_w]

The court website says
Set Aside Applications entered electronically (most recent at the top) - what does it mean?

I cannot see anything from the Claimant only my submission. Is that normal?

[Aleksandra_w]

I have Mediation set for Friday 17June.

any advise how to negotiate?
or how to prepare?

what shall I expect?

[MIKE770]

Celestine

[echat11]

Mediation lasts for 1/2 hour. They expect both sizes to be 'flexible' in their approach.

Set you position out, make notes so you don't forget stuff, remember this is about settling the matter, so don't give
away stuff the other side can use.

The mediator will speak to you, get your position on the matter, then go and speak to the Creditors representative,
then come back you you, see what you think, then go back to the Creditors representative. It's pretty informal.

https://www.smallclaimscourtgenie.co...ation-service/