Mortimer Clarke Solicitors - Judgement

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

Thank you very much again for your time.
MillieB

[Amethyst]

Re: Mortimer Clarke Solicitors - Judgement

Okay, just making sure we're in the right place.

-You received a default judgment.

-You believe the debt is statute barred ( as the car was repossessed in 2008 )

-You want to apply to set aside the judgment on the basis it was statute barred and you didn't receive the court papers.

-The case WILL be in fast track as it is £12k odd.

-You have written to the claimant and asked them to consent to set aside, they haven't replied.

- the court has sent you copies of the N244 form, so you need to complete that and return it to court.

-The first payment is due today ( £50 )


Is that all correct ?

Do you own your own home ?

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

Okay, just making sure we're in the right place.

-You received a default judgment.

-You believe the debt is statute barred ( as the car was repossessed in 2008 )

-You want to apply to set aside the judgment on the basis it was statute barred and you didn't receive the court papers.

-The case WILL be in fast track as it is £12k odd.

-You have written to the claimant and asked them to consent to set aside, they haven't replied.

- the court has sent you copies of the N244 form, so you need to complete that and return it to court.

-The first payment is due today ( £50 )


Is that all correct ?

Do you own your own home ?

The judgement was made in default, as i never received any papers from them. Yes. I believe that it is statute barred as the agreement was terminated In Jan 2009.

What does the case being in fast track mean?

I have wrote to them twice now, stating that i belive the debt to be statute barred and that i will be applying to set aside if they don't. Havent had any response to the second letter (in which i stated the date the agreement was terminated, making the debt statute barred).

I have the N244 form, and yes the first payment is due today.

I dont own my own home.

Thanks

[Amethyst]

Re: Mortimer Clarke Solicitors - Judgement

Okay you don't have your home at risk of a charging order so that is a good thing. But they do have other options such as an attachment of earnings order, bailiffs etc.

Fast Track means that there will be a higher costs risk when fighting against the judgment. If you lost at a set aside hearing it could add a couple of thousand on to the outstanding judgment. In small claims you are protected to some degree from costs, but fast track means they would be able to claim costs from you - eg cost of a solicitor attending the hearing etc.

So we need to be spot on why you didn't receive the court papers originally and sure that the date of termination and any last payment/acknowledgement is correct. Do you have the letter of termination by any chance?

You're working through the set aside guidance at the moment aren't you? If you want to post up your draft we can go through it and give you a hand.

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

I have no idea why i didnt receive any papers, the first i knew of it was a letter from Mortimer Clarker in January.

I phoned the original creditor and they couldnt give me much info. This morning i called them back and they were much more helpful, the lady told me agreement was terminated 21/01/2009 and the date the vehicle was sold on 03/2009. I have no paperwork, but the original creditor is sending me the account statements so hopefully that will help.

[Amethyst]

Re: Mortimer Clarke Solicitors - Judgement

Excellent.

So if you had no further contact with anyone after the termination, they probably wrote to you after the car was sold to bug you for any shortfall, but if you never replied to them, you should be fine with your claim the debt was statute barred. It would be useful to get a copy of that termination notice but so far as having a defence to the original claim it sounds pretty sound to me.

Do you want to post your draft app on here?