Mortimer Clarke CCJ Help Please

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Morning, Warwick

Would 'comply' be better?

Morning Charity

Yes I think you are right- comply would be a much better way of putting it

[MIKE770]

Re: Mortimer Clarke CCJ Help Please

or "Ve Hav Vays Of Making You" Yaahhhhhhh!

[charitynjw]

Re: Mortimer Clarke CCJ Help Please

Morning Charity

Yes I think you are right- comply would be a much better way of putting it

It's just that the dalek around my part of the country may be dfferent to yours.

Edit
*dialect..............sorry!

[MIKE770]

Re: Mortimer Clarke CCJ Help Please

It's just that the dalek around my part of the country may be dfferent to yours.

Edit
*dialect..............sorry!

"Stupid Boy Pike" booom booommmmmmmmmmmmmmm

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Thank you warwick

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Hi, Sorry to bother you again. I've had a look at the defence template and I just feel overwhelmed by all of it. I'm getting myself stressed because I don't know where to start. I don't know if I should say I deny the claimants statement because I haven't received any info about the debt. Could someone help please?

Thank you.

[charitynjw]

Re: Mortimer Clarke CCJ Help Please

I don't know if I should say I deny the claimants statement because I haven't received any info about the debt.

One of the things you are saying is that you are denying the Claimant's statements in their claim particulars until/unless they supply sufficient information for you to assess your legal position.
As far as you are concerned, a court claim has been made against you for a sum of money, that claim based on an alleged breach of contract. This places a burden on the Claimant to prove, both in fact & in law, that you do legally owe the alleged debt. To do so, they need to provide supporting evidence, & they need to demonstrate that they, or their predecessors, have followed the correct legal procedures, including the wording of the original contract & any variations which may have been made to it.
You are not necessarily saying you didn't borrow, you are contesting their legal right to enforce the agreement.

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Thank you charitynjw

[charitynjw]

Re: Mortimer Clarke CCJ Help Please

The other thing that you can do in the defence is to raise points which have not been mentioned in their particulars. An example would be if you had reason to believe the alleged debt is statute barred. It would be up to you to introduce the fact or possibility.
After all, you wouldn't expect the Claimant to do it for you & thereby shoot themselves in the foot! (I wonder if that's how Hopalong Cassidy got his name?)

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

I've just realised I'm an idiot because I've missed the 4pm deadline to send it in today. Does anyone know what will happen now. Will I have to pay the full amount to the claimant? Thanks for any help.

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Don't panic Mr Mainwaring!

Point 1 - the date of claim was 19th April? so yes today was technically the deadline. I think you would be extraordinarily unlucky if they applied for a default Judgment at 9 am tomorrow. get the defence written now and submitted this evening or at the latest before the courts open in the morning, you should be fine

- - - Updated - - -

Remember as well, the defence is just the bare bones of the arguments you would address at trial - the full detail would come in the witness statement
Use one of the templates in the green box above but remember to add the details you need

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

lol thank you so much warwick. I feel a lot better now

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Remember these points
On xxxxxx you sent a request under S78 (1) of the Consumer Credit Act to the claimant which was received on xxxxxx. To date they have not replied, therefore according to S78(6) the account remains unenforceable.

On xxxxxx you sent a request to the claimants solicitors for inspection of whatever, to date they have not replied

I do not recall receiving a default notice or anything compliant with S87(1) CCA , the claimant is put to strict proof that a compliant default notice was sent

I do not recall receiving any notice of assignment , as such the claimant is put to strict proof that such a notice was lawfully served

It is denied that any assignment was made in accordance with the law of property act and as such it is debnied the claimant is entitled to bring any claim
[MENTION=5553]charitynjw[/MENTION]

Anymore help?

these are just bare bones so fill it out a bit

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Thank you. What's the best file format to email? I'm currently typing in wordpad.
Also where it says signed is it ok to just type my name or do I actually need to physically sign it. Thank you for your help.

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Do you have MS word or possibly be able to convert it to PDF

Alternatively, if you want to submit via the MCOL website, write it in wordpad and then paste it in,

If you are doing it as an attachment do not forget to ass the 'statement of truth' at the bottom.

As for a signature I do not know
[MENTION=551]pt2537[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION]
@uncletomcoblyandall :-)