Sorry another Mortimer Clarke Solicitors Lloyds TSB

[Biglol1234]

Hi, All

Sorry to say I have 2 claims from Mortimer Clarke landed on the mat the same day totaling £25,920.92 so the pressure is on!

I will scan the paper work and then hopefully I could get some help :tinysmile_twink_t2:

[Amethyst]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

http://www.legalbeagles.info/forums/...r-details-safe!) or if you get stuck feel free to email it me admin@legalbeagles.info and I'll put it up for you.

Then hopefully we'll be able to help you get it sorted out.

[FlamingParrot]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

Hi and welcome to LB

As a starting point, you may want to look at this thread: http://www.legalbeagles.info/forums/...it-Court-Claim

Once you give us a few more details we'll be able to reply with further ideas, questions and information. :typing:

[Biglol1234]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

First Doc's

I then call Mortimer and had a long discussion regards purchasing my so called dept, I asked them for more paper work to include signed documents, to which I was told to do a subject access request.
I also then pushed them on how much their client paid for the dept which they said they wouldn't tell me or the court! really......

Next letter to follow

[Biglol1234]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

Front cover page, just scanning the rest, which are the assignments, Ive been looking at other post and this is the first letter i've seen where they say "In the meantime the matter will remain on hold"

Is this standard?

[Biglol1234]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

Part 2 and 3

[mystery1]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

Have you filed acknowledgement of service yet ? If not it is vital you do so NOW. You have until 18th and 19th to do so and you then get 14 days further to submit a defence.

Let us know once you've done both claims.

M1

[FlamingParrot]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

Front cover page, just scanning the rest, which are the assignments, Ive been looking at other post and this is the first letter i've seen where they say "In the meantime the matter will remain on hold"

Is this standard?

What was this letter in response to?

They are saying it will remain on hold on the 7th of May, yet they'd already issued a claim at the end of April.

Did you send a request for documents under CPR 31.14? A CCA request?

Would be useful if you could give us a bit more info about these loans:

• Have you ever sent a CCA request to either Lloyds or Marlin?
• When did you take out the loans?
• When did you last make a payment?
• Can you tell us a bit more about the history of these loans?

[FlamingParrot]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

First Doc's

I then call Mortimer and had a long discussion regards purchasing my so called dept, I asked them for more paper work to include signed documents, to which I was told to do a subject access request.

Was this after receiving the claims? Requests for documents have to be sent in writing, by recorded delivery:

• A CCA request is a letter asking for a copy of your credit agreement, you'd need one for each loan and there's a £1 fee. They should reply in 14 days (but never do).
• A Subject Access Request (SAR) is a request for statements and historical data about your account. These are person-specific, so you'd send one for both accounts. There's a £10 fee and they have 40 days to respond.
• A request under CPR 31.14 is a request for documents mentioned on the particulars of claim, usually sent once a claim has been issued. They should supply the documents in 7 days, otherwise you can ask them to agree to an extension of up to 28 days to file your defence.

I also then pushed them on how much their client paid for the dept which they said they wouldn't tell me or the court! really......

Next letter to follow

They won't tell you, since that's regarded as commercially sensitive information between two parties that do not involve you. As a guesstimate, they probably paid 10%

[Biglol1234]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

Hi M1

Yes I filed acknowledgement online for both claims have until the 02/06/14 to file a defence.

[Biglol1234]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

The letter was in response to a phone call I made to Mortimer Clarke on 02/05/2014 after I received the court claim papers, I asked for all details about their claims.

CCA and CRP being posted today.

The loans were taken out sometime ago when things were good but I can't really remember. But I stopped paying both in 2010 when found myself unemployed and in financial trouble. I contacted Lloyds when I defaulted on the loans and went down the route of an offer of £1 a month to hold off till I could get myself back on my feet. Which they accepted, but then the letters and phone calls started from debt collectors ie Credit Security Limited, Moorcroft Debt Recovery Ltd, Robinson Way Ltd, H L Legal, Mackenzie Hall, Apex, iqor, SCM, BLS, Westcot, CSL and more. I was getting 2 to 3 calls a day I told them each time that I am paying the £1 and it was agreed with Llyods but they wouldn't listen and just kept hounding me. I had blokes from 2 of the companies at my door demanding money. So I stopped paying the £1. I have kept a lot of the letters.

[mystery1]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

The letter was in response to a phone call I made to Mortimer Clarke on 02/05/2014 after I received the court claim papers, I asked for all details about their claims.

CCA and CRP being posted today.

The loans were taken out sometime ago when things were good but I can't really remember. But I stopped paying both in 2010 when found myself unemployed and in financial trouble. I contacted Lloyds when I defaulted on the loans and went down the route of an offer of £1 a month to hold off till I could get myself back on my feet. Which they accepted, but then the letters and phone calls started from debt collectors ie Credit Security Limited, Moorcroft Debt Recovery Ltd, Robinson Way Ltd, H L Legal, Mackenzie Hall, Apex, iqor, SCM, BLS, Westcot, CSL and more. I was getting 2 to 3 calls a day I told them each time that I am paying the £1 and it was agreed with Llyods but they would listen and just kept hounding me. I had blokes from the companys at my door demanding money. So I stopped paying the £1. I have kept a lot of the letters.

That's good as there may be a counter-claim for harassment. http://www.bailii.org/ew/cases/EWHC/...e/2011/B3.html http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html http://www.bailii.org/ew/cases/EWCA/Civ/2013/982.html

I would note that you need to send 2 cca requests which will be s77 requests as they are loans.

The cpr requests will be different as 1 is a sub £10k claim and one is over £10K so make sure on the larger claim you take out any reference to small claims track on that one.

I would also write to them to ask them to replead their case. I would include all 3 letters in 1 envelope for each claim. I would add "also enc :-! to each letter and a cover letter which sets out that the envelope contains 1. CCA s77 request 2. CPR 31.14 3. A request to replead in accordance with the rules.

The s77 and cpr 31.14 letters i assume you can manage as well as a cover letter.


Dear sirs,

I am in receipt of your county court claim form #xxxxxx. I would ask that your replead your case as your CPR 16 duties have not been fulfilled.

CPR 16 requires a "a concise statement of the facts on which the claimant relies". There is no account number, no explanation of what breach occurred, no mention of a statutory default notice or contractual termination, no mention of pre action protocols, no percentage rate of interest, no date of termination and no explanation of the time which the calculated interest applies. This is not meant to be a complete list. There are 1080 characters available to use of which you have not reached the limit. In any event the bulk centre should not be used if you can't fully particularise your claim.

There is also the small matter of the statement of truth. A statement of case must be verified by a statement of truth. CPR 22.1 (a) CPR 22.2 deals with the consequences of such failure. Practice direction 22 deals with who may sign a statement of truth at 3.10. Practice direction 7E 10 "10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form."

Should you not make the appropriate amendments to your statement of case i will bring the matters to the courts attention by way of an application to either force you to comply or by way of a strike out.

Yours etc



1 for each claim.

M1

[Biglol1234]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

[QUOTE=mystery1;432512]That's good as there may be a counter-claim for harassment. http://www.bailii.org/ew/cases/EWHC/...e/2011/B3.html http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html http://www.bailii.org/ew/cases/EWCA/Civ/2013/982.html

Would a counter-claim work as Marlin Europe 11 Ltd are the ones making the claim against me not Lloyds?

[FlamingParrot]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

The loans were taken out sometime ago when things were good but I can't really remember. But I stopped paying both in 2010 when found myself unemployed and in financial trouble. I contacted Lloyds when I defaulted on the loans and went down the route of an offer of £1 a month to hold off till I could get myself back on my feet.

More specifically, would they have been taken out before or after April 2007?

That's good as there may be a counter-claim for harassment. http://www.bailii.org/ew/cases/EWHC/...e/2011/B3.html http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html http://www.bailii.org/ew/cases/EWCA/Civ/2013/982.html

I would note that you need to send 2 cca requests which will be s77 requests as they are loans.

The cpr requests will be different as 1 is a sub £10k claim and one is over £10K so make sure on the larger claim you take out any reference to small claims track on that one.

It occurred to me too but then I saw that the version of the letter Ame has posted doesn't actually mention likely allocation to small claims as did the one I used to post for claims below 10k, it just says:

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..

[mystery1]

Re: Sorry another Mortimer Clarke Solicitors Lloyds TSB

More specifically, would they have been taken out before or after April 2007?

It occurred to me too but then I saw that the version of the letter Ame has posted doesn't actually mention likely allocation to small claims as did the one I used to post for claims below 10k, it just says:

Small claim Jan 07 large claim 2009 according to the claim forms



As for harassment yes it should work even though Marlin are claiming as it did when MBNA harassment cost Link in Harrison.

M1