Mortimer Clarke Solicitors - Judgement

[Amethyst]

Re: Mortimer Clarke Solicitors - Judgement

Okay

i had a HP agreement with Blackhorse and the car got repossessed as payments weren't kept up. Since then the debt has been passed around a few companies, non of which i have ever responded to (or even kept any letters);
It was 2008 the car was repossessed and since the day it was taken away i have made no contact with anyone about it.

Yes it does sound like they are out of time.

What I would do first is give the court a call ( Northampton County Court Business Centre most likely) and tell them you havdn't received the court papers and can they check where they were sent to pls. If you tell them you haven't had anything they will probably tell you to apply to set aside . Then you will have to apply to set aside but first you should ask the claimant for consent to your set aside application ( as then it can be rubber stamped through and only costs £50 rather than £155 - of course if you are on a low income/particular benefits you may be eligible for fee remission).

We should also get a CCA request sent off to BlackHorse for the original agreement - no point asking Hillesden for it as under judgment the CCA doesn't apply, but Blackhorse won't know. We can send another to Hillesden once you have the set aside sorted out.

Was there much shortfall when the car was repo'd ?

[nemesis45]

Re: Mortimer Clarke Solicitors - Judgement

[MENTION=6]Amethyst[/MENTION] Millie B already has a thread on this BH debt.

nem

[Amethyst]

Re: Mortimer Clarke Solicitors - Judgement

threads merged and moved to the right forum ( Court Claims) xx Try not to worry Millie, it will be sortoutable.

[nemesis45]

Re: Mortimer Clarke Solicitors - Judgement

threads merged and moved to the right forum ( Court Claims) xx Try not to worry Millie, it will be sortoutable.

Thanks Ame

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

Ok, the first step is to phone the court. Its just so much to take in and deal with. Once i have spoken to them, should i contact Mortimer Clarke and ask them for consent to set aside? Should i do this by email and how should i word it?

The amount i have to pay now is £12000!!

Thanks

[Amethyst]

Re: Mortimer Clarke Solicitors - Judgement

Ouchy, so fast track then, blinking heck how much was the original car ?

Okay, speak to the court first and find out why you didn;'t receive the court papers. Then we'll go from there.

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

Will phone them right now and let you know how it goesx

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

I have just got of the phone to the court, they said that they sent papers on the 19th December and that because i didnt respond the judgement has been set against me.

They are sending me forms in the post to have the judgement set aside.

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

Ouchy, so fast track then, blinking heck how much was the original car ?

Okay, speak to the court first and find out why you didn;'t receive the court papers. Then we'll go from there.

Is there anything i should be doing now, or just wait for the court to send the papers i need to get this set aside?

Thanks so much for your help so far

[nemesis45]

Re: Mortimer Clarke Solicitors - Judgement

Hell's Bells they've move damn quick on this!
I hope a set aside app can be done as fast.

nem

[Amethyst]

Re: Mortimer Clarke Solicitors - Judgement

I have just got of the phone to the court, they said that they sent papers on the 19th December and that because i didnt respond the judgement has been set against me.

They are sending me forms in the post to have the judgement set aside.

Okay well the papers must have gone awol in the christmas post.

No need to wait for the forms you can use the N244 which is downloadable - ( info http://www.legalbeagles.info/forums/...lication-notes )

As this is such a large claim there could be costs implications if you didn't succeed to get it set-aside.

First step is to ring or write to the claimants and mention that you wrote to them last week and have still received a default judgment, and now have to apply to set-aside - could they please consent to the set-aside in writing so you can defend the claim as it was time barred before they brought the claim against you. If they agree that would save a bit of hassle and a hearing, but I'd expect them to say no - the letter you sent last week should help your case though although they probably didn't receive it until after they had asked for default judgment. I'd also ask them to send you a copy of the original claim form ( as you don't have one obviously and need to know what the claim is for ).

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

Okay well the papers must have gone awol in the christmas post.

No need to wait for the forms you can use the N244 which is downloadable - ( info http://www.legalbeagles.info/forums/...lication-notes )

As this is such a large claim there could be costs implications if you didn't succeed to get it set-aside.

First step is to ring or write to the claimants and mention that you wrote to them last week and have still received a default judgment, and now have to apply to set-aside - could they please consent to the set-aside in writing so you can defend the claim as it was time barred before they brought the claim against you. If they agree that would save a bit of hassle and a hearing, but I'd expect them to say no - the letter you sent last week should help your case though although they probably didn't receive it until after they had asked for default judgment. I'd also ask them to send you a copy of the original claim form ( as you don't have one obviously and need to know what the claim is for ).

When you say cost implications, how much are we looking at? The last thing i need is not to win and then have more to pay back on top.

[Amethyst]

Re: Mortimer Clarke Solicitors - Judgement

As it is fast track it could be a couple of thousand, not just from the set-aside application but if it went to a full hearing later. However, I don't think it is something that should put you off , but you need to be aware of it - you have had no contact with anyone about this black horse agreement since your car was repossessed in 2008 - so it is statute barred and would have been when they filed the claim. Hillesden appear to be bringing lots of claims off blackhorse debts recently and very few of them are in time or enforceable. As well as the statute barring you should be able to add to your defence non compliance with the consumer credit act, and potentially arguments about the reposession and shortfall ( £12k is a lot ) - but we need to know a fair bit more about what happened there.

You didn't receive the court papers, and you are making the application promptly, plus you informed the claimant as soon as you heard anything about the claim that you believed the debt to be statute barred and that you would apply to set aside - so you are in a good position in my view.

If the claimant don't consent to the setaside then it is likely there would be a hearing - the hearing would be to see if the claim should be setaside and whether you have a reasonable chance of success with your defence ( being statute barred at the moment ). The onus of proof is on the claimant to evidence it is not statute barred so the ball really is in your court.

Is the judgment forthwith or for £50 a month btw?

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

It is for £50 per month (first payment due on 9th Feb).

I have considered just paying because i dont understand enough and am so scared to have to go to court. It is alot of money though and i really dont want to pay it, but i dont know if i can go through it all either.

So if they could not prove it isnt statue barred, i would not have to pay? How would they do this? Does the fact that i have received letters in the past alter the rules of the 6 years statue barred?

Thanks
MillieB

[MillieB]

Re: Mortimer Clarke Solicitors - Judgement

As it is fast track it could be a couple of thousand, not just from the set-aside application but if it went to a full hearing later. However, I don't think it is something that should put you off , but you need to be aware of it - you have had no contact with anyone about this black horse agreement since your car was repossessed in 2008 - so it is statute barred and would have been when they filed the claim. Hillesden appear to be bringing lots of claims off blackhorse debts recently and very few of them are in time or enforceable. As well as the statute barring you should be able to add to your defence non compliance with the consumer credit act, and potentially arguments about the reposession and shortfall ( £12k is a lot ) - but we need to know a fair bit more about what happened there.

You didn't receive the court papers, and you are making the application promptly, plus you informed the claimant as soon as you heard anything about the claim that you believed the debt to be statute barred and that you would apply to set aside - so you are in a good position in my view.

If the claimant don't consent to the setaside then it is likely there would be a hearing - the hearing would be to see if the claim should be setaside and whether you have a reasonable chance of success with your defence ( being statute barred at the moment ). The onus of proof is on the claimant to evidence it is not statute barred so the ball really is in your court.

Is the judgment forthwith or for £50 a month btw?

Hello

yesterday i received a response from my letter to Mortimer Clarke (the template previously shown in this thread).

The letter is stating that the debt is not statue barred as the agreement was terminated 10/2010. They also state that if i disagree please set out precise legal basis giving the date on which I believe the debt became statue barred.

The trouble i have is, i know that the agreement was terminated way before that date but they are asking for precise legal basis and i have no paperwork whatsoever.

Any advice on what i should do now?

Thank you very much