Mortimer clarke saying agreement of termination date is acknowledgement

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

image.jpgimage.jpgimage.jpgSorry I have taken these but covered up my details and signature

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Have put pics on of what I got
thanks

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Have put pics on of what I got
thanks

Ok it seems that you did receive All of the agreement, when did you receive the " signature page:
Going back over this MC were not stating that " termination" was an acknowledgment of the claim
but that termination was the date the Limitations Act 1980 relevant 6 year period commenced.
As has been said earlier their Lordships judgement in BMW - v - Hart is open to interpretation e.g.
Is the date of the 1st Demand for Payment the relevant date, or is it the default date, or is it the termination
date as I claimed here.
nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

The last payment I made was in August 2008 but they are saying the agreement of termination was the 16 feb 2009

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Also when I asked for proof it took them 4 months to send me the agreement
the case is stayed and has been nearly 7 months would it be easy for them to get it open

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

You have a choice apply for strikeout.

nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

How do I apply for a strikeout I have looked but couldn't see anything anywhere
would also like to thank you for all your help without you I would have been stuck as CAB just told me to ignore it all

[Amethyst]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Strike out application would be on form N244 http://www.legalbeagles.info/forums/...end-strike-out and costs £155 (unless eligible for fee remission)

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

So after 14 months of not hearing anything from MC I get a letter to offering a settlement of half the sum or they will proceed with court hearings they have gave me 30 days to reply but again I am not accepting this
This case has been stayed since November 2014 and have not heard from them since April 2015 surely if they tried to get the stay lifted a judge would not allow this
So do I reply and reject the offer stating again that it has gone over the 6 years etc or do I leave it and see if they try and up lift the stay
Any help would be good please
Thanks in advanced

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

So after 14 months of not hearing anything from MC I get a letter to offering a settlement of half the sum or they will proceed with court hearings they have gave me 30 days to reply but again I am not accepting this

Check with the court to find out if MC has done anything without informing you!

This case has been stayed since November 2014 and have not heard from them since April 2015 surely if they tried to get the stay lifted a judge would not allow this
So do I reply and reject the offer stating again that it has gone over the 6 years etc or do I leave it and see if they try and up lift the stay
Any help would be good please
Thanks in advanced

#

Hi.

Check with the court to make sure MC are not up to no good behind your back.

The claimant can pay the court fee to lift the stay at any time I'm sorry to say.

The relevant 6 year period in regard to section 5 of the Limitation Act 1980 stop progressing on the date a county court claim is issued.
I think if the claimant had a reasonable chance of obtaining judgment they would have just paid the fee and lifted the stay.

Options given the time the claim has been stayed:

1. One reply to their offer stating that as it appears that the claimant has no reasonable prospect of continuing the claim you suggest that MC advises its client to discontinue the claim in the interest of saving costs and court time.

2. Ignore and se what happens.

nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Thanks for fast reply I just phoned the court and the case is still stayed so no contact from them
I believe they know I'm right and are trying back hand tactics but I'm gonna stick it out
Again thanks for your help

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Thanks for fast reply I just phoned the court and the case is still stayed so no contact from them
I believe they know I'm right and are trying back hand tactics but I'm gonna stick it out
Again thanks for your help

Keep us posted on any developments so we can assist.

nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Hi an update I left it the 30 days and I received a letter couple of days ago from them saying that I never responded and they are willing to offer me 75% off the amount and giving me another 30 days to respond
Again I am not going to accept this offer I just feel there trying to get me to accept an offer to only get me to acknowledge this

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Hi an update I left it the 30 days and I received a letter couple of days ago from them saying that I never responded and they are willing to offer me 75% off the amount and giving me another 30 days to respond
Again I am not going to accept this offer I just feel there trying to get me to accept an offer to only get me to acknowledge this

Are they commenting on a previous discount offer.
75% show desperation imo

May be time to make them an offer Not for payment just to tell them you are going to apply to the court at their expense to have the claim struck out, as they clearly have no reasonable chance of winning their claim.

nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Hi today I received a letter saying they are no longer taking any action this has been a stressful 2 years but I would like to say thanks for your help in all this