court form from mortimer clarke

[Diana M]

Re: court form from mortimer clarke

maybe it would be better if i remove 8: from my defence? as the D N is in my SAR

No Comment.

But if you are aware that a DN was issued and have a document in your possession to evidence it (in your SAR) then how can make a statement (signed and sworn) which says the Claimant didn't issue a DN because that would be a lie wouldn't it?

Issuing it doesn't necessarily mean you received it depending on what address you were living at when it was served etc.

Di

[baldy1967]

Re: court form from mortimer clarke

No Comment.

But if you are aware that a DN was issued and have a document in your possession to evidence it (in your SAR) then how can make a statement (signed and sworn) which says the Claimant didn't issue a DN because that would be a lie wouldn't it?

Issuing it doesn't necessarily mean you received it depending on what address you were living at when it was served etc.

Di

i have never received also it is for MC to send me a copy as in my cpr reguest

[baldy1967]

Re: court form from mortimer clarke

@Amethyst [MENTION=87380]Diana M[/MENTION]
Put my defence n have heard back from court saying they have sent my defence to MC
This is letter back from MC they have sent a good copy of agreement that can be read and also a load of statement's the letter informing you that you have been defaulted and they have terminated your account that s in post 3 still no, still no Default Notice, do i wait now to here from court or what do i do?

[baldy1967]

Re: court form from mortimer clarke

After you put your defence in how long does MC have to answer? my defence went in 3rd march
will it show on moneyclaim that they have answered the defence?

[Amethyst]

Re: court form from mortimer clarke

They usually have 28 days to reply to the defence. If you haven't heard anything by say, 2nd week in April, give the court a call and check the status of the claim. Usually it kicks you out of MCOL once you've defended.

If they have sent good compliant copies of the agreement, terms and statements, I'd be surprised if they did let the claim go on hold.

If there is no defence remaining as all docs have been provided and no further disputes on the claim you might want to consider a negotiation once you know if they are proceeding with the claim.

[baldy1967]

Re: court form from mortimer clarke

After not hearing from court i emailed them and there reply was
'To date the claimant has not responded to your defence and the claim is currently stayed'
How long can a claim stay satayed for?
also would court contact me if MC decieded to make a formal application to the court to lift the stay and proceed

[Diana M]

Re: court form from mortimer clarke

How long can a claim stay satayed for?
also would court contact me if MC decieded to make a formal application to the court to lift the stay and proceed

To answer your first question a claim can remain stayed for eternity. After six years they'd have difficulty convincing the court that the stay should be lifted.

The answer to your second question is you would hear from the court if the Claimant made an application to lift the stay and continue with these proceedings.

The question you need to ask yourself is if Mortimer Clarke was so certain that the documents they disclosed made the debt enforceable (which is what they said in their letter dated 7th February in post # 93) then why have they let the claim become stayed in preference to heading straight to Trial?

Perhaps they're having doubts about that bold statement

Di