County court claim from Mortimer Clarke solicitors

[digger 1]

Hi, this is my first time on a forum. I have received a county court claim from Mortimer Clarke solicitors who are acting on behalf of Hillesden/securities LTD T/A DLC. Firstly may I say your site has been so helpful and I have to thank you as before reading this I was lost, still am a bit lost but at least now I have acknowledged service and I have sent out a CCA to Claimant and a CPR 14 to claimants solicitors. It was all a bit rushed being over Christmas. My date for court is the 16/01/2016. Today I received a letter back from Mortimer Clarke advising I need to advise court pursuant to CPR 15.5(2) that they agreed the 28 days for me to file defence.

However they also stated that CPR31.14 relates to a right to inspect a document and can be distinguished from the standard disclosure of evidence during court proceedings. They also add that they believe I have already inspected the documents to which I made reference because on various dates in the past they would of be sent to me by another party such as the original creditor whom is MBNA and dates back before 1990

I,m sorry to be so stupid but can I send letter via email to Northampton CCBC and if so do you have the email address. and how do I respond to their letter I received today

[nemesis45]

Re: County court claim from Mortimer Clarke solicitors

Good Morning Digger, welcome to LB.

1. That's a standard MC response to a CPR31 .14 request. You must inform the court in writing of the extension. ( address etc. on the claimform/

2. What you may ot may not have received in the past or have now in your
possession is none of their business. You can tell them that and require them to
comply with your request.

3. Your CCA request failure to comply within 12 + 2 Working days renders the debt unenforceable
UNTIL the agreement is supplied. I presume there has been no response.

4. Has Hillesden acknowledged the CCA request?

5. Please give us some history of the debt.

6. When was the account opened?

7. When was it defaulted?

8. When was the last payment or written acknowledgment made?

9. Does this still appear on your credit files? You can check Noddle Free Online.

nem

[MIKE770]

Re: County court claim from Mortimer Clarke solicitors

sound familiar from these morons, obtrusive they know they should supply the relevant documents mentioned on the N1 court form a requested up to allocation,

get Nemesis45 to look in!

[digger 1]

Re: County court claim from Mortimer Clarke solicitors

Hello Nemesis45,

Thank you for responding to my plea. I am a bit in turmoil here, they state that the credit card was opened on or around the 12/01/1987 with MBNA, and they agreed to issue the defendant a credit card the defendant failed to make the minimum payments due & the agreement was terminated.

I have not heard from hillesden at all, I originally sent a CCA in October but failed to send it recorded delivery so I sent it again on 21/12/2015 by special delivery after reading your forums.

I don't ever remember opening an account with MBNA but I did have a credit card. I cant find any paper work.
Since approx 1999 I injured myself and was on constant medication that at times for a want of a better word made me a bit zombie-fied. I have short attention spans & because of this I lost my job. Because the pain is constant I get very low and totter into depression To top it all I then lost my Mum in 2009 and that is when everything went to pot. I'm sorry if this sounds like I'm waffling on its because I don't know when it defaulted or when a payment was made. They do not say in the particulars of claim when it was defaulted either. I did send out cab letters but most people didn't come back to me the two that did refused my offer. even did it via the cccs but they again refused as cccs said they couldn't make payments on my behalf as I had no funds coming in. Again I don't know the dates. I'm so sorry I being so vague. I will check on Noodle Free online and let you know. I have sent the 28 day response to ccbc via email will that surfice or should I send it by post as well? thank you nem for your help I have been so worried about this

[nemesis45]

Re: County court claim from Mortimer Clarke solicitors

Hello Nemesis45,

Thank you for responding to my plea. I am a bit in turmoil here, they state that the credit card was opened on or around the 12/01/1987 with MBNA, and they agreed to issue the defendant a credit card the defendant failed to make the minimum payments due & the agreement was terminated.

I have not heard from hillesden at all, I originally sent a CCA in October but failed to send it recorded delivery so I sent it again on 21/12/2015 by special delivery after reading your forums.

I don't ever remember opening an account with MBNA but I did have a credit card. I cant find any paper work.
Since approx 1999 I injured myself and was on constant medication that at times for a want of a better word made me a bit zombie-fied. I have short attention spans & because of this I lost my job. Because the pain is constant I get very low and totter into depression To top it all I then lost my Mum in 2009 and that is when everything went to pot. I'm sorry if this sounds like I'm waffling on its because I don't know when it defaulted or when a payment was made. They do not say in the particulars of claim when it was defaulted either. I did send out cab letters but most people didn't come back to me the two that did refused my offer. even did it via the cccs but they again refused as cccs said they couldn't make payments on my behalf as I had no funds coming in. Again I don't know the dates. I'm so sorry I being so vague. I will check on Noodle Free online and let you know. I have sent the 28 day response to ccbc via email will that surfice or should I send it by post as well? thank you nem for your help I have been so worried about this

Yes it's very important that you notify the court of the extension as the court processes work on strict timescales.

When did you stop paying ?

nem.

tag [MENTION=55034]nemesis45[/MENTION] when you have the answers, we may be able to sort this out quite quickly.

nem