Mortimer Clarke solicitors county county claim

**nemesis45** · 20th July 2016, 08:38:AM

Re: Mortimer Clarke solicitors county county claim

Originally posted by Kim7699 View Post

Hi
i need some advice regarding a claim form I received from Mortimer Clarke solicitors for a vanquish credit card debt for £495.41. I have argued with them for years over the debt and it has been passed to many debt collection agencies. I requested the documentation which they sent me about 4 years ago which had an agreement but with no signature so I refused the debt. I did have the credit card and I think the original debt was for £200 which when they first contacted me I said I would pay the £200 but refused to pay the charges they did not accept so I contested it. The last I heard from them they threatened county courts judgement but I sent a letter back saying I did not acknowledge the debt I also think if is statute barred as the debt is from 2005 and doesn't show up on my noodle credit report. I don't know whether to ring and agree a settlement and be done with it or to defend the claim. I have recently moved address and they have sent the claim form to my new address - not sure how they got that. The claim form is a photocopy but I have been on line and it looks like it exists - but someone told me it could be a scam as people panic and pay them. If I defend it do I have a chance of not paying or shall I just pay it .. I don't want a ccj as have a fixed mortgage for 5 years and might want to shop around for another one when it runs out and this may go against me .... I have the means to pay it but it is the principle that it is £380 over what the debt was including court costs !!! What do I do ?....

Good morning, welcome to LB.
The claim pack I suspect came from the Northampton Court Business Centre.

Have you acknowledged service of the claim? If not do so asap online at MCOL, state intention to defend Do Not enter a defence at this stage.

You say the debt is from 2005 is this when payments ceased?

nem
Is MC acting on behalf of Cabot?

**Kim7699** · 20th July 2016, 08:49:AM

Re: Mortimer Clarke solicitors county county claim

Yes I think I paid £10 in maybe 2010 by standing order before I realised what it was

Originally posted by nemesis45 View Post

Good morning, welcome to LB.
The claim pack I suspect came from the Northampton Court Business Centre.

Have you acknowledged service of the claim? If not do so asap online at MCOL, state intention to defend Do Not enter a defence at this stage.

You say the debt is from 2005 is this when payments ceased?

nem
Is MC acting on behalf of Cabot?

- - - Updated - - -

Yes I think I paid £10 before I realised what it was as a standing order in 2010 maybe

**nemesis45** · 20th July 2016, 08:55:AM

Re: Mortimer Clarke solicitors county county claim

Originally posted by Kim7699 View Post

Yes I think I paid £10 in maybe 2010 by standing order before I realised what it was

- - - Updated - - -

Yes I think I paid £10 before I realised what it was as a standing order in 2010 maybe

Ok no payments made since 2010 to anyone?
No written admissions of liability?

Service Acknowledged?
nem

**Kim7699** · 20th July 2016, 09:01:AM

Re: Mortimer Clarke solicitors county county claim

No the last letter they sent me I denied liability for the debt. I can't remember the exact time I made the payment but know it was ages ago. Do you think am better just settling it ? If it goes to court I do actually owe the debt am worried will get ccj anyway ??

- - - Updated - - -

What does service acknowledged mean ?

**nemesis45** · 20th July 2016, 09:05:AM

Re: Mortimer Clarke solicitors county county claim

Originally posted by Kim7699 View Post

No the last letter they sent me I denied liability for the debt. I can't remember the exact time I made the payment but know it was ages ago. Do you think am better just settling it ? If it goes to court I do actually owe the debt am worried will get ccj anyway ??

- - - Updated - - -

What does service acknowledged mean ?

Have you acknowledged service of the claim you have only a short time to do so, if you don't do this the claimant will get a judgement by default.
Instructions for doing this are on the form.

nem

**Kim7699** · 20th July 2016, 09:08:AM

Re: Mortimer Clarke solicitors county county claim

Just doing that now

**nemesis45** · 20th July 2016, 09:10:AM

Re: Mortimer Clarke solicitors county county claim

The Limitation Act 1980:
Simple Contract:
No action shall be stated once six year have elapsed since the cause of action.

No payment or written acknowledgment of the debt in that relevant 6 year period, for simplicity if no payment has been made to any party in regard to the debt since the account was defaulted the debt would be statute barred.

nem

**Kim7699** · 20th July 2016, 09:27:AM

Re: Mortimer Clarke solicitors county county claim

It's saying that that claim number or password is incorrect so it won't let me do it online they sent it on the 12 July so am running out of time. They have given me a. Email address to sent the defence letter to.

**nemesis45** · 20th July 2016, 09:29:AM

Re: Mortimer Clarke solicitors county county claim

Originally posted by Kim7699 View Post

It's saying that that claim number or password is incorrect so it won't let me do it online they sent it on the 12 July so am running out of time. They have given me a. Email address to sent the defence letter to.

Just acknowledge don't enter a defence now.

nem

**Kim7699** · 20th July 2016, 10:24:AM

Re: Mortimer Clarke solicitors county county claim

If I send back the acknowledge of service it asks me to tick an appropriate box do I intend to defend claim or part of it or contest jurisdiction ???
Also rang my bank I opened account with Halifax in May 2011 and have no standing orders to them so must have been paid before that so am pretty confident is outside of the 6 years!! Thanks

**charitynjw** · 20th July 2016, 10:53:AM

Re: Mortimer Clarke solicitors county county claim

IMHO

Tick 'yes' to defend all.
If you are in England or Wales, 'no' to contest jurisdiction.

**Kim7699** · 20th July 2016, 11:11:AM

Re: Mortimer Clarke solicitors county county claim

Ok have filled in and will send by post recorded delivery. Issued on the 12 and they give 5 days grace so should be with in time. What do I do now should I request info from Mortimer Clarkes ??? If it comes back have paid something within the 6 years do I still have chance to pay ?? And if it goes to court and I lose if I pay will I still have county court judgement

**nemesis45** · 20th July 2016, 12:20:PM

Re: Mortimer Clarke solicitors county county claim

Originally posted by Kim7699 View Post

If I send back the acknowledge of service it asks me to tick an appropriate box do I intend to defend claim or part of it or contest jurisdiction ???
Also rang my bank I opened account with Halifax in May 2011 and have no standing orders to them so must have been paid before that so am pretty confident is outside of the 6 years!! Thanks

OK Kim,
Here is a suggestions for dealing with MC/Cabot that may stop this going any further than the acknowledgment of service. Still carry on with the court process as it goes forward.

The Principal Solicitor
Mortimer Clarke Ltd.
Address as on claim form.

Date

Ref: County Court Claim No. :
Issued on Date:....................................

Dear Sir /Madam,

I refer you to the above mentioned claim which service of which has been acknowledged.

Having carefully reviewed my credit history I have concluded that the alleged debt is statute barred, no payment or written acknowledgment have been made in 6 years from the date the account was defaulted. No payment will made in regard to the alleged debt.

I therefore suggest that Mortimer Clarke refers to its client advising that they should withdraw the claim in the interest of saving costs and court time.

Should Mortimer Clarke or its client dispute the status of the alleged debt you are reminded that the onus of providing unequivocal proof that this matter in not so time barred rests entirely upon your client.

Your prompt reply is expected.

Yours etc.

Use signed for post and check delivery date and signature.

Use this if your confident on the SB status of the debt. It does not amount to any admission of liability.

nem

**Kim7699** · 20th July 2016, 12:31:PM

Re: Mortimer Clarke solicitors county county claim

ok have just typed out the CCA and CPR letters to send to mortimers should i send these as well??

Mortimer Clarke solicitors county county claim