Mortimer Clarke - letter before court claim

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

As things stand at the moment (as there is no actual court claim issued yet), I personally would view MC's current status as a debt collection agent acting on behalf of the alleged owner of the alleged debt.
In such circumstances I would want to deal with the engineer, not the oily rag.
However, you could copy in MC with CC's of both letters (but without the £1 fee for the CCA request) if you would prefer 'belt & braces'. A covering letter - 'Please find enclosed copies of a CCA request, & a statute-barred letter, sent to your client on (date)' would be ok.

Brilliant I'll do this tomorrow. Wish me luck!! Thanks for the excellent advice

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

As things stand at the moment (as there is no actual court claim issued yet), I personally would view MC's current status as a debt collection agent acting on behalf of the alleged owner of the alleged debt.
In such circumstances I would want to deal with the engineer, not the oily rag.
However, you could copy in MC with CC's of both letters (but without the £1 fee for the CCA request) if you would prefer 'belt & braces'. A covering letter - 'Please find enclosed copies of a CCA request, & a statute-barred letter, sent to your client on (date)' would be ok.

I'm just looking at these letters - do they not contradict themselves if I'm asking them to prove it, then also asking to send me my credit agreement?

[charitynjw]

Re: Mortimer Clarke - letter before court claim

I'm just looking at these letters - do they not contradict themselves if I'm asking them to prove it, then also asking to send me my credit agreement?

As long as you do not admit actual liability for the debt in any way, you're covered. (If it were me I would use only the references etc that they have supplied in their letter).
You could then argue that, although you are not in a position to comment about a debt which they allege exists, you cannot recall owing anything to anyone in well over 6 years.
However, the main point is that it is their responsibility to prove that you are legally liable (but it would be wise of you to make further investigations anyway. If you haven't got file copies of the original paperwork etc., SAR the original lender & contact whichever bank you were using at the time to see if you can obtain statements for the relevant period).

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

As long as you do not admit actual liability for the debt in any way, you're covered. (If it were me I would use only the references etc that they have supplied in their letter).
You could then argue that, although you are not in a position to comment about a debt which they allege exists, you cannot recall owing anything to anyone in well over 6 years.
However, the main point is that it is their responsibility to prove that you are legally liable (but it would be wise of you to make further investigations anyway. If you haven't got file copies of the original paperwork etc., SAR the original lender & contact whichever bank you were using at the time to see if you can obtain statements for the relevant period).

Sorry about all the questions - I'm just stressing out about the whole thing. So i send them this and just quote the account number on the MC letter?


I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.
If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.
The FCA rules say you cannot continue any collection activity until you have done so.
Your name

I will definitely send a sar too - thanks.

[charitynjw]

Re: Mortimer Clarke - letter before court claim

Sorry about all the questions - I'm just stressing out about the whole thing. So i send them this and just quote the account number on the MC letter?


I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.
If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.
The FCA rules say you cannot continue any collection activity until you have done so.
Your name

I will definitely send a sar too - thanks.

Ok to both.
On the 'prove it', add a line to tell them to inform their monkey's*, MC to ensure that any prospective enforcement activity will be put on hold.

*Not verbatim re 'monkeys', lol!

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

Ok to both.
On the 'prove it', add a line to tell them to inform their monkey's*, MC to ensure that any prospective enforcement activity will be put on hold.

*Not verbatim re 'monkeys', lol!

So it's been 2 weeks and no reply and the MC phone calls have stopped. Wonder if it has worked ��

[charitynjw]

Re: Mortimer Clarke - letter before court claim

Well, the ball is now in their court.
You have proof that you have responded to their allegation; they should provide the requested proof.

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

Well, the ball is now in their court.
You have proof that you have responded to their allegation; they should provide the requested proof.

Yes I've kept copies of the letters and my proof of postage. Will see what happens! Thanks

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

Well, the ball is now in their court.
You have proof that you have responded to their allegation; they should provide the requested proof.

The court claim has came through today. I'll have to resend the letters again?

What happens if I just pay it, or is too late for that?

i really don't want this on my file

[charitynjw]

Re: Mortimer Clarke - letter before court claim

Hi

Most importantly, acknowledge the court claim.
Details of how to do so are in the court claim pack. (Via MCOL is convenient)
At the moment, defend in full; no need to admit liability just yet & you can always do this at a later stage if you wish.
Do not enter anything in the 'defence' box. (Your written defence can come later).
& if you live in England/Wales, do not contest jurisdiction.

This will give you a month or so breathing space.

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

Hi

Most importantly, acknowledge the court claim.
Details of how to do so are in the court claim pack. (Via MCOL is convenient)
At the moment, defend in full; no need to admit liability just yet & you can always do this at a later stage if you wish.
Do not enter anything in the 'defence' box. (Your written defence can come later).
& if you live in England/Wales, do not contest jurisdiction.

This will give you a month or so breathing space.

Thanks again.

just acknowledging it now. I need to click on i intend to defend all of the claim?

Ill set up a new thread once I've completed my letters?

[charitynjw]

Re: Mortimer Clarke - letter before court claim

Thanks again.

just acknowledging it now. I need to click on i intend to defend all of the claim? Yes

Ill set up a new thread once I've completed my letters?
No, best to continue on this one.

Let us know when sorted.

[Diana M]

Re: Mortimer Clarke - letter before court claim

The court claim has came through today. I'll have to resend the letters again?

Looking back through your thread I can see a lot of debate as to which letters to send so can you clarify that you did eventually send a formal CCA Request together with a £1 postal order?

Hopefully you didn't send the SB letter which would have given them the 'heads up' to seek out the payment history or prompted them to issue a claim on the offchance that you're wrong with the dates.

Di

[Diana M]

Re: Mortimer Clarke - letter before court claim

In all all honesty I have no idea. I stopped paying it around 2008 - it is with welcome finance for £960. I don't even know where to find any information on it. It's been a long time since it has been acknowledged, I don't believe I have acknowledged it since then.

Since this was a loan (fixed term credit not running credit) when was the loan due to expire regardless of your last payment date?

With loans the expiry date can have an impact on the SB date.

Di

[helpmeplease123]

Re: Mortimer Clarke - letter before court claim

Since this was a loan (fixed term credit not running credit) when was the loan due to expire regardless of your last payment date?

With loans the expirey date can have an mpact on the SB date.

Di

I sent the SB letter. Is that bad??

i honestly can't remember when it was due to expire. Maybe 2009/2010 but I guessing.