Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

any one please?

[MIKE770]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

if the case is already in the court process then you follow any court instructions from now on , they have a problem then they have to follow court instruction as well.

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

well the court has responded with the following:

10th July 2017

case number ***

me iii limited v mr ***

i acknowledge receipt of your defence. a copy has being served to the claimant (or the claimants solicitor). the claimant may contact you direct to attempt to resolve any disputes. if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. the court will then inform you of what will happen.

where he wishes to proceed the claimant must contact the court within 28 days after receiving a copy of your defence. after the period has elapsed, the claim will be stayed. the only action the claimant can then take will be to apply to a judge for an order lifting the stay.

regards
********************

the above letter from the court was dated 10th of July.

the letter from cabot was received on the 25th of aug

the main issue is what is next now as clearly cabot have stated 'your credit agreement is currently unenforceable - which means we are not permitted to obtain a judgement or decree against you in court'

Yet - my credit file is been marked with a default for the above loan every month - the same default had been marked 6yrs ago.

how do i stop the default marks? the debt is statue barred..

Pls help
[MENTION=6]Amethyst[/MENTION] [MENTION=45315]Diane[/MENTION] m

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

anyone - please help

[Kati]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

tagging [MENTION=87380]Diana M[/MENTION] xx

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

tagging @Diana M xx

pls help

[Kati]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

[MENTION=6]Amethyst[/MENTION] ... can you help??

[Diana M]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

well the court has responded with the following:

10th July 2017

case number ***

me iii limited v mr ***

i acknowledge receipt of your defence. a copy has being served to the claimant (or the claimants solicitor). the claimant may contact you direct to attempt to resolve any disputes. if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. the court will then inform you of what will happen.

where he wishes to proceed the claimant must contact the court within 28 days after receiving a copy of your defence. after the period has elapsed, the claim will be stayed. the only action the claimant can then take will be to apply to a judge for an order lifting the stay.

regards
********************

the above letter from the court was dated 10th of July.

the letter from cabot was received on the 25th of aug

the main issue is what is next now as clearly cabot have stated 'your credit agreement is currently unenforceable - which means we are not permitted to obtain a judgement or decree against you in court'

Yet - my credit file is been marked with a default for the above loan every month - the same default had been marked 6yrs ago.

how do i stop the default marks? the debt is statue barred..

Ring the court and check the status of the claim which I expect is stayed.

If the Claimant wishes to proceed then they must make an Application to the court to lift the stay.

They're unlikely to do that at the moment since they don't have the documents to progress their claim. If they source the documents or the information to reconstitute them then they may proceed.

That's where you are at the moment.

The default will 'drop off' your CRA file six years to the day it was registered regardless of anything going on now with these proceedings which are live albeit 'asleep' while stayed. What date was the default registered?

Di

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

Ring the court and check the status of the claim which I expect is stayed.

If the Claimant wishes to proceed then they must make an Application to the court to lift the stay.

They're unlikely to do that at the moment since they don't have the documents to progress their claim. If they source the documents or the information to reconstitute them then they may proceed.

That's where you are at the moment.

The default will 'drop off' your CRA file six years to the day it was registered regardless of anything going on now with these proceedings which are live albeit 'asleep' while stayed. What date was the default registered?

Di

Hi Di,

thanks for the response - really appreciate it.

The claimant has sent me a letter saying the agreement is not enforceable.

so i believe they may not be able to lift the stay.

from the documents the claimant was able to provide - the statutory default notice was issued in march 2008.

please see below:

my name

statutory default notice
served under section 87 (1) of the consumer credit act 1974
important you should read this carefully

you are in breach of the terms of the above agreement, which requires you to pay the instalments specified in the agreement on the dates they are due. instalments of £214.60 are now due and owing.

you may remedy this breach of your agreement by full payment of the arrears to us at the above address before 13th of March 2008.

if the action required by thus notice is taken before 13 march 2008 no further enforcement action will be taken.

lf you do not take the action required by this notice before 13 march 2008 then the further action set out below may be taken out against you or your surety

instruct our solicitors to issue proceedings against you

register the default with the credit ref agencies. we here by give you 28 days notice of our intention.

*************

the point here is a) the claimant is not lifting the stay for now b) the default was registered on my credit file in 2008. c) the default has now been registered again on my credit file for the same debt

i am trying to clear the new missed payment / default of my credit file. the original default was reg somewhere in march 2008

or do i have to wait another 6yrs? if not - how do i get the 'new default' taken off my file - as clearly the debt is SB now

[Diana M]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

The claimant has sent me a letter saying the agreement is not enforceable.

so i believe they may not be able to lift the stay.

from the documents the claimant was able to provide - the statutory default notice was issued in march 2008.

I doubt the Claimant's letter actually said the agreement is not enforceable (or did it say those very words?).

It said that they did not have the information (agreement) but they had requested it.

They also said that debt is currently unenforceable, which is not the same thing as the credit agreement being irredeemably unenforceable.

You say they have already produce the Default Notice.

If/when they source all the documents needed or the information to enable them to reconstitute them they can then make an Application to the court to lift the stay and continue with their claim.

You need to decide whether making a noise about the default date on your CRA file will only make them try harder. You're involved in 'live' legal proceedings albeit the claim is currently stayed.

Di

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

hi Di,

THANK you for your response.

the letter i received from cabot is below:

name
address

25th Aug 2017
Re: Egg personal loan.

thank you for your request for information under sections 77-79 of the consumer credit act 1974.

we currently do not have this information on file. However, I have requested the relevant details, which include a copy of the credit agreement, statement of account and original and varied terms and condition from the original lender. In the mean time, i would like to inform you that your account shall remain on until such a time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain judgment or decree against you in Court. however, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore i would recommend you contact us soon as possible to set up a repayment arrangement or continue with your existing payment plan.

if you would like to know more about your consumer rights, i recommend you contact your local citizens advice bureau or visit www.adviceguide.org.uk

if you are experiencing difficulties in meeting your repayments, i recommend you either contact us or the following not-for-profit organisations for free

stepchange debt charity
national debt line charity

yours sincerely
xxx

*****************************

the above letter was received from Cabot. ME III / Mortimer Clarke Solicitors LTD have not written to me.

the default was actually in the year 2008. do i now wait till cabot / egg find this documents and keep getting the default / missing payment marker?

Debtor - egg loan
Claimant - ME III
solicitor - Mortimer Clarke Solicitors
Cabot - ???

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

help please