Need Help with written full pleaded Defence

[armand76]

Re: Need Help with written full pleaded Defence

thanks nemesis, they have not challenged the judgment when I checked with court last year, the court said they have not had any respond from cahoot so its been set aside.

shall do anything regard the letter I received from MC or just ignore them?

[Diana M]

Re: Need Help with written full pleaded Defence

If I've understood your posts correctly, the original Default Judgment was set-aside by the court in September 2015. It's not clear why this was (sorry if I've missed something when reading back through your thread) which may be relevant to your 'now' situation.

You've received a WP letter from Mortimer Clarke offering you a generous discount to settle. Is that all it says, or does it threaten you with renewed court action if you don't bite their hand off?

Am I right in thinking they're still in default of your S.78 CCA Request as well as the debt being statute barred? If that is the case I can't think of any reason for you to respond to their letter.

When the claim was set-aside it meant that you went back to the start of the legal process as if the Default Judgment had never happened. You seem to have then filed a Defence.

When a Defence is filed the Claimant is told by the court that they have to inform them (the court) within 28 days whether they wish to continue with the proceedings. If they don't respond then the claim is stayed. That appears to be the current position.

The Claimant would not need to issue a new claim if they want to pick up from where they left off. But they would need to seek permission of the court to lift the stay.

Di

[armand76]

Re: Need Help with written full pleaded Defence

If I've understood your posts correctly, the original Default Judgment was set-aside by the court in September 2015. It's not clear why this was (sorry if I've missed something when reading back through your thread) which may be relevant to your 'now' situation.

You've received a WP letter from Mortimer Clarke offering you a generous discount to settle. Is that all it says, or does it threaten you with renewed court action if you don't bite their hand off?

Am I right in thinking they're still in default of your S.78 CCA Request as well as the debt being statute barred? If that is the case I can't think of any reason for you to respond to their letter.

When the claim was set-aside it meant that you went back to the start of the legal process as if the Default Judgment had never happened. You seem to have then filed a Defence.

When a Defence is filed the Claimant is told by the court that they have to inform them (the court) within 28 days whether they wish to continue with the proceedings. If they don't respond then the claim is stayed. That appears to be the current position.

The Claimant would not need to issue a new claim if they want to pick up from where they left off. But they would need to seek permission of the court to lift the stay.

Di

Thanks Di for your respond, can I send you pm of the copy of the letter I have received from MC and the court letter, I am concern they might go back to the court again and try to get another CCJ and then I will have a bad record in my the credit file for 6 more years.

[Diana M]

Re: Need Help with written full pleaded Defence

I am concern they might go back to the court again and try to get another CCJ and then I will have a bad record in my the credit file for 6 more years.

Can you confirm whether or not you've had any response to your s.78 CCA request? Has there even been an acknowledgement of receiving it, or a letter saying "we don't have the documents but we'll ask the original creditor for them" (or words to that effect)? Something concrete that admits they don't have the necessary paperwork could be helpful.

This claim appears to have been stayed for ten months. If the paperwork exists they would probably have found it by now albeit some creditors can be slow to co-operate with a subsequent debt purchaser.

Sometimes a creditor or their solicitor will review outstanding stayed (if this is) claims before deciding whether to go ahead or throw in the towel and discontinue as an option. MC's database may flag up the fact it's nearing the first anniversary of the Claim. This could be a last throw of the dice to invite you to pay with a tempting offer, but that's hard to predict without having seen any papers.

Did you include the SB argument in your Defence?

If there's no deadline on that letter to respond (and they remain in default of your s.78 CCA request) you can probably take your time working out what options you now have.

If the original CCJ (default judgment) was set-aside in September 1015 it shouldn't be showing on your credit file.

Di

[armand76]

Re: Need Help with written full pleaded Defence

Can you confirm whether or not you've had any response to your s.78 CCA request? Has there even been an acknowledgement of receiving it, or a letter saying "we don't have the documents but we'll ask the original creditor for them" (or words to that effect)? Something concrete that admits they don't have the necessary paperwork could be helpful.

This claim appears to have been stayed for ten months. If the paperwork exists they would probably have found it by now albeit some creditors can be slow to co-operate with a subsequent debt purchaser.

Sometimes a creditor or their solicitor will review outstanding stayed (if this is) claims before deciding whether to go ahead or throw in the towel and discontinue as an option. MC's database may flag up the fact it's nearing the first anniversary of the Claim. This could be a last throw of the dice to invite you to pay with a tempting offer, but that's hard to predict without having seen any papers.

Did you include the SB argument in your Defence?

If there's no deadline on that letter to respond (and they remain in default of your s.78 CCA request) you can probably take your time working out what options you now have.

If the original CCJ (default judgment) was set-aside in September 1015 it shouldn't be showing on your credit file.

Di

Thanks DI for the respond, i have not had any respond regarding s.78 CCA request I send and had no acknowledgement of receiving it from Cahoot or MC, the only prove I have is recorded delivery proof.

below the latest letter I have received from MK

[IMG][/IMG]

also the letter I send to them but had no respond;

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my defence and court respond

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and court letter
[IMG][/IMG]