court form from mortimer clarke

[MIKE770]

Re: court form from mortimer clarke

Defence Example

[baldy1967]

Re: court form from mortimer clarke

I see no Default Notice, only a letter informing you that you have been defaulted and they have terminated your account. Obviously that would come after any DN which would give you the opportunity to remedy the breach before defaulting you.

I love the last paragraph of Mortimer Clarke's letter which says:" We consider that the agreement is now enforceable. If you disagree please explain why."

I think the boot is on the other foot because they're going to have to explain to the court why they think they've satisfied your s.78 CCA Request with that bunch of eclectic paperwork.

Di

(2nd upload)
is that not the default notice from cap1

[MIKE770]

Re: court form from mortimer clarke

see your CCA1974 signed for in december 2008, hopefully that part has flaws = peeps on here should be able to advise, DN did you receive one?

[Diana M]

Re: court form from mortimer clarke

You personal details (name and address) are showing on the application form in post # 26. You need to remove the upload, redact the details and repost.

Di

[MIKE770]

Re: court form from mortimer clarke

(2nd upload)
is that not the default notice from cap1

if it was they would not of given you 14 days etc to correct default by giving a date to pay by.

[Kati]

Re: court form from mortimer clarke

You personal details (name and address) are showing on the application form in post # 26. You need to remove the upload, redact the details and repost.

Di

sorted :yo:

[baldy1967]

Re: court form from mortimer clarke

Defence Example

so shall i fill in defence yet? i still not heard from Cabot only MC, not heard from cap1 re SAR

[MIKE770]

Re: court form from mortimer clarke

start your defence - but do not send it as yet as amendment may be needed,
[MENTION=61310]diana[/MENTION]M

[Diana M]

Re: court form from mortimer clarke

(2nd upload)
is that not the default notice from cap1

No it's not.

A Default Notice does what it says on the tin. It's a formal 'letter' which puts you on notice that if you don't do as requested by the date given, they will default your account.

That Capital One letter tells you they have terminated your account after they defaulted you.

Di

[baldy1967]

Re: court form from mortimer clarke

Had a letter back today from cap1 re SAR, do i send them a copy of pp or dl? and come to think of it i dont thnk they haev corect D.O.B

[MIKE770]

Re: court form from mortimer clarke

template response for years from cap 1 to unsigned request, as we did ignore I would say they are in a time limit or saying we write to you at your address as known to us and send personal details i.e. account payments etc etc see what I mean?

[baldy1967]

Re: court form from mortimer clarke

template response for years from cap 1 to unsigned request, as we did ignore I would say they are in a time limit or saying we write to you at your address as known to us and send personal details i.e. account payments etc etc see what I mean?

The SAR i sent was signed and at the address i had the account, so you think i should send them a copy of DL or PP, i think the DOB they have on file is not correct year, (if they then sent back saying we cant prove its yuo as not correct info surelly the debt wouldnt be inforcable as they saying its not me) if you can undestand wht mi trying to right?

[MIKE770]

Re: court form from mortimer clarke

the signature used to request SAR - did you change to one they would recognise?? if so to stop the arguments send another request with one you had originally sent otherwise you will just delay things, others may not agree but you are the one in this situation, if they mess around again then report them to the ICO

[baldy1967]

Re: court form from mortimer clarke

signed as normal/usuall sig i thnk they trying to hold off, i wll do SAR again tomorrow and put copy of PP IN WITH IT

[MIKE770]

Re: court form from mortimer clarke

then make sure they respond within/up to 40 days if not report to the ICO