Mortimer Clarke CCJ Help Please

[dinkmack]

Hi,

I received a letter from Mortimer Clarke Solicitors telling me that I was going to be issued a ccj if I didn't pay my debt in full or fill out an expenditure form. I have mental health problems and suffer severe anxiety and panic attacks so I asked for help from my carer. Mortimer Clarke gave me 14 days from the date on the letter which was the 31st March or they would proceed with the ccj. My carer emailed them on the 13th April explaining that she was acting on my behalf and she attached a pdf of my expenditure which was also signed by me. Despite the email with my expenditure they still issued a ccj. My carer phoned Mortimer Clarke to explain that they had received my expenditure in the given time of 14 days but they said my carer couldn't deal with my account until I signed a letter giving my permission for her to do so. They said I should sign and send it back to them and once I've done that they said we can go from there. I assumed that meant they would cancel the ccj. The next day I received the letter so I signed it but I also noticed they still wanted me to complete the ccj form. Could someone help please? Can I get them to cancel the ccj? Any advice would be very much appreciated.

Thank you.

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Hi
I am not quite clear but have you received an N1 claim form or has a CCJ been granted against you

If you have received just the claim form then can you tell us a little bit about the claim
Date on claim form
The particulars of claim typed out word for word.

If you are not sure what a claim form looks like it is like this

Claim_Form.pdf

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Hi, Yes I have received an N1 claim form.

By an agreement between JD Williams Ltd Re Fifty Plus & the defendant dated 15/08/2015 ('the agreement') JD Williams Ltd Re Fifty Plus agreed to issue the Defendant with a credit account. The defendant failed to make the minimum payments Due & the agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims 1.527.77

Thanks.

[warwick65]

Re: Mortimer Clarke CCJ Help Please

So what is the date on the claim form

here is a link to what you need to do

http://legalbeagles.info/forums/show...it-Court-Claim
I am assuming you want to fight this?
Basically you need to acknowledge the claim with your intention to defend all

Then send a S78 request to the claimant with the £1 fee by Royal mail signed for
Send a CPR31.14 request to the solicitors- in this you want to ask for
the agreement
The notice of termination
The Notice of assignment
The Deed of assignment


[MENTION=49370]Kati[/MENTION] can you move this to the correct forum please

- - - Updated - - -

You may want to send a Subject Access Request to JD Williams but first things first
What is the date on the claim form

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

The issue date is 19th April. My carer did email them an expenditure with an offer of monthly instalments. Mortimer clarke gave me 14 days to do this or they would issue a ccj. They were emailed within the 14 days but still issued it any way. I don't want a ccj against my name so would like to fight it. Thank you so much for your help.

[Kati]

Re: Mortimer Clarke CCJ Help Please

@Kati can you move this to the correct forum please

sorted xx

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Ok so you have until 4pm next monday (by my calculation) to get the acknowledgement of service done. You will need to register on the moneyclaim online and use the password that is printed on the claim form - If you already have a Government gateway account you can log in with that ( I had one from my time on ESA and being forced to do job searches)

The website is a little temperamental especially at the weekend so if you or your carer can get it done before Friday afternoon it may save a weekend of anxiety.

Once you have done this you then have another 14 days (after next Monday) to get your defence in.

I know it sounds a lot but one step at a time
!) get the Acknowledgment of service done
2) send off the CCA request (template in the green box at the top of this page)- as I described earlier
3) Send a CPR 31.14 request off ( again a template in the green box) - no fee
4) Send a Subject Access request to JD Williams . I will post up what I sent as a SAR in a few minutes

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Here is the SAR template I sent, it is a bit lengthy and probably a bit 'wordy' but its a start. If anyone has a link to a better comprehensive version I hope they will post it [MENTION=3599]MIKE770[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=87380]Diana M[/MENTION]

Date Here
Dear Sirs
Ref: xxxxxxxx
Subject Access Request - S.7 Data Protection Act 1998
Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.
Yours faithfully,

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Sorry I should have said
From now on I would not email or discuss anything with the solicitors in the way of an offer of payment.

If you feel the whole process is too stressful when the claim gets to mediation you can get a Tomlin order set up which will avoid the CCJ unless you don't make the promised payments
However, I would see if they have what they need to prove you owe the money and it is owed to them. Too many of the companies make profit out of people not standing up to them and making them prove what you owe.

It is no different than me issuing a claim against you for £1500 - would you pay it if i couldn't prove it?

[MIKE770]

Re: Mortimer Clarke CCJ Help Please

Name address of recepiant :-

Date:-

SAR Request:-

Reference No;-


Dear Sirs,



Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time. Regarding Penalty charges, hand written interventions recorded:-


Pease note that I require disclosure of any personal Data which you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence.

Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

Enclosed is the statutory maximum fee of £10. You have 40 calendar days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.


Yours Faithfully,

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Thank you so much warwick65. I really appreciate the time you have taken to help me . Thank you mike770 for the sar letter

I don't feel as anxious now

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Hi Warwick65, I noticed you said there is no fee for the CPR 31.14 request, but when I checked the template it mentions a £1 postal order. Can I send it without the postal order?

Sorry, one more thing. It mentions filing my defence on a certain date. What date do I put there? Thank you for any help.

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Hi dinkmack

So
You will be sending a CCA request with the £1 fee to the claimant named on the claim form
You then send the CPR request to the solicitors

I think the wording is @ I have sent a CCA request with the £1 to the claimants (copy enclosed)
You are just telling them that you have sent the CCA request to the claimant and because you are a nice person you are sending them a copy (without any money) so they can see what you have done.

As for the date of defence, it is 33 days ( calendar days not working days) from the date on the claim form
So that is the date you would put (19th April +33= 22ndMay)

However the 22nd is a Monday and because i am a worrier, if it was me I would submit it Friday afternoon 19th may- others would say wait until the Monday . The deadline is 4pm on Monday 22nd May

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Thank you so much warwick65.
And thank you for clearing up the postal order question. I clearly need to read things properly lol

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Thank you so much warwick65.
And thank you for clearing up the postal order question. I clearly need to read things properly lol

My pleasure
It is easy, in the panic of trying to sort something out to misread something or ( as i do) interpret it the way I want to interpret it. You scan the pages and pages of text and just pick out the words you are looking for.

All you can do at the moment is follow the process, follow the timelines and wait and see. Once your requests are sent off and in time when your defence is posted, patience really is a virtue