Mortimer clarke saying agreement of termination date is acknowledgement

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Ok a Little research has One SRA registered Manager.
Let's give him a nudge.
Mr Richard E Mathias
Manger
Mortimer Clarke Solicitors Ltd
3rd Floor
16- 22 Grafton Road
Worthing
West Sussex
BN11 1QP

Date........................
Ref: use theirs.
Re: Statute Barred ( Alleged Debt)

Dear Mr Mathias,
This is a letter of complaint regarding an alleged debt for £... .. arising from an account with xxxxx which I have stated is statute barred under section 5 of The Limitation Act 1980.
I confirm my position on this matter.

Since I first informed Mortimer Clarke Ltd., of the status of the alleged your staff have " come up with" various misguided claims that the alleged debt is not statute barred in order to mislead me into either admitting liability and or making payments.

The reference to the BMW Finance Ltd - v Hart Appeal Court Judgement has been misinterpreted and used to attempt to deny the status of the alleged debt.

I am sure you are aware that a termination of such as an account as this is Not an acknowledge of liability and has no merit.
Their Lordships In BMW - v - Hart found that the date that the creditor was first permitted to demand payment in full was the the start of the relevant 6 year period specified in s.5 of LA 1980.
The claims that various payments of fees / charges applied to the account and thus the alleged debt is not statute barred are also of no merit.

I suggest that Mortimer Clarke Ltd., now withdraws its claim immediately and confirms in writing that it has done so within 7 working days of the date hereon.

Therefore the alleged debt is clearly statute barred, and I will not make any payments in regard to the alleged debt.

Use signed for post, check delivery date.

nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Thank you so for this I will get this sent straight away and let you know the outcome

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Thank you so for this I will get this sent straight away and let you know the outcome

Let's hope Mr Mathias has the Ba**s to sort this out.

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Hi nemesis
i received a letter back from these today saying the following

thank you for your letter dated 20 March. Please find attatched a copy of our complaints procedure.
we will investigate this matter and will endeavour to write to you with our findings within 4 weeks of receipt of your complaint (I.e. By 21st April 2015). If we cannot respond within that timescale for any reason we will contact you to let you know when you can expect to hear from us. In any event we will send you a final response within 8 weeks (I.e. By 19th may 2015).
we confirm that the matter will of course remain on hold in the meantime.

what do you make of that? Can they take this long?

Thanks

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Hi A Formal Complaint allows the recipient 56 days to fully investigate and respond after which is no response is received or it I an inadequate response you can then take the matter to the appropriate regulatory body.

nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Hi nem I got 2 letters today from MC I will take pics and upload so you can read them but basically they are saying they are sticking to this BMW v hart and would use it in court

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

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[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

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[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Early in the judgement their Lordships refer to " termination of the hiring of this agreement ( I know this without looking) this clearly signifies to my mind that the judgement was in regard to hire purchase accounts, (Loan secured on goods) not a debt arising from simple contract.
Early in the thread you mention receiving a copy of the agreement, it would help to have a copy posted here please

nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Hi thanks for replying I have put the agreement on here if you look through should see it on page 2 that is all I have and all they have

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

OK I think I'm seeing daylight here, those two pages are all the Cabot has provided as "an agreement" no other pages provided ??
There nothing there that proves that this is related to your agreement as far as I can see.
Was the agreement HP, conditional sale, lease hire?

nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Hp as I was meant to pay £150 a month for 4 years

- - - Updated - - -

Yes that is all they sent me that original agreement and a statement of what I had paid

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Those pages are not even a recon agreement, which must have your name and address as at the inception of the agreement and the same for the creditor, the Ts & Cs are obviously not complete, and would Not in my opinion be acceptable as satisfying a CCA request nor to allow a court to enforce the debt.

Being of a suspicious nature I would not be surprised if the BMW - v - Hart saga was to draw you away from the fact that the agreement is crap!

nem

[thewalkinglark]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Yeah all that is is the agreement that I signed when getting the car
what would you suggest to do now? As they haven't actually stated what they are going to do next

[nemesis45]

Re: Mortimer clarke saying agreement of termination date is acknowledgement

Signature page all the terms and conditions present?

nem