Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

[LilPretty]

good morning all,

I received a claim form with the issue date of 7th June.

I responded online via www.moneyclaim.co.uk on the 19th of June and it was acknowledged online on the 20th of june.

I started my defence - not completed it and I had to go away for work purposes to another country where internet access is nearly non existence..

I have returned this morning and received a letter from the solicitors as follows:

We have not received any response from you to the claim form served on you in the above matter, accordingly we have now requested that the court grants judgement in default in favour of our client.

Can someone kindly help and advise on how to progress this.

The debt is for £3464.74
Claimant - ME III Limited

the debt was from year 2000 and i have had defaults registered for the debts in the past which all stopped as i did not make any payments (was in a financial mess).

Last month - a default for the above debt was registered on my credit file.

- - - Updated - - -

oh apologies - wrong forum

[Amethyst]

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

It's fine I'll move you ( done)

Give the court a call and check if they have actually requested default judgment and whether it has been awarded or whether you can slip you defence in now. Then let us know.

Should be okay if you can get defence in today as issue date of 7th June gives defence date of TODAY ( 7th June + 33 days - 28 days plus 5 for service)

[LilPretty]

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

Thank you Amethyst

really panicking at the moment - ok I am on hold with the court now

[Kati]

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

if the issue date is 7th June then your defence should be due in today at the latest (33 days)

From Wednesday, 7 June 2017
Added 33 days

---

Result: Monday, 10 July 2017

[Amethyst]

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

Thank you Amethyst

really panicking at the moment - ok I am on hold with the court now

Be patient, they are really slow - hopefully they'll say you can get it in today Bit naughty of Mortimer to threaten default judgment before the due date.

[LilPretty]

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

Kati and Amethyst,

THANK YOU!!

i have just spoken to the court - they said there is no judgement and I can put in my defence.

As its the last day - can you please advise on how to put in a defence, the debt is statue barred.

THANK YOU SO MUCH - i was already crying...

[Kati]

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

i have just spoken to the court - they said there is no judgement and I can put in my defence.

As its the last day - can you please advise on how to put in a defence, the debt is statue barred.

Here's an example defence ... have a play with it and post it back up here for the Beagles to look at You've got until 4pm to get your defence in so there's still time to get it sorted xx

[Amethyst]

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

Kati and Amethyst,

THANK YOU!!

i have just spoken to the court - they said there is no judgement and I can put in my defence.

As its the last day - can you please advise on how to put in a defence, the debt is statue barred.

THANK YOU SO MUCH - i was already crying...

Yeyyyyy !!! Okay what have you got so far as your defence ? ( you mentioned you'd started it)

Did you send CCA / CPR letters earlier in the claim ? or are you just reliant on statute barred ? ( when did you last have ANY contact about the debt ?)

Can you give us as much background and info as you can think of regarding the claim ... is is credit card / loan / overdraft etc ??

The particulars of claim from the front of the claim form would be useful ?

[LilPretty]

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

I have not sent a CCA / CPR - is it too late too do that?

Yes I am just reliant on Statute Barred - the default was in 2007/8 and that was my last contact with them

Particulars of claim:

By an agreement between britannica recoveries S.a.r.l Arrow RE Egg & the defendant on or around 18/11/2003 (the agreement) Britannica Recoveries S.a.r.l Arrow Re Egg agreed to loan the defendant monies. the defendant did not pay the instalments as they fell due & the agreement was terminated. The agreement was assigned to the claimant. The claimant there claims £3199.74.

[Amethyst]

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

So was it an Egg loan originally ( as opposed to credit card) ?

It is a little late for this defence to be standard, however we can still include a CCA request and just reword the defence a little. The CPR not much point worrying about as they have hardly mentioned anything other than the agreement.

I'll get a draft for you.

[LilPretty]

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

Amethyst - it was so long ago and a v v terrible time - i vaguely remember if it was a loan or credit card as I had both from Egg.

Thanks - I await the draft - MUCH appreciated

i just checked on experian (credit file) and its suddenly appeared that the default date was 19/12/2012.. and the default marks just appeared.

This was all not on my credit file prior to me receiving the claim form and I am very certain i have not paid or contacted them since 2009 at the latest...

[Amethyst]

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

Okay just roughly......... should fit on moneyclaimonline once you've amended to suit so long as you don't add too much Might need to switch Defendant to I in a few places, or vice versa, and check the tenses. ( and get that CCA request in the post today to ME III then)



In the Northampton County Court Business Centre

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1. I received the claim XXXXXXX from the Northampton County Court Business Centre on [Date you received the claim]
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.
4. The claim appears to be for a Credit Card or Loan agreement regulated under the Consumer Credit Act 1974, entered into in November 2003.
5. The Claimant pleads the original agreement was with 'Britannica recoveries S.a.r.l Arrow RE Egg' which is a company the Defendant has had no prior knowledge of or communication with, nor has he entered into any agreement with Britannica recoveries S.a.r.l Arrow RE Egg.
6. The Defendant contends the alleged debt would be statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. The Claimant is required to evidence any acknowledgement or payment made to the alleged account within the last 6 years.
7. The Claimants statement of case states that the account was assigned to ME III by britannica recoveries S.a.r.l Arrow RE Egg but fails to give a date of that assignment. The Defendant does not recall receiving notice of this assignment.
8. It is denied that britannica recoveries S.a.r.l Arrow RE Egg served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
9. The Defendant has sent a formal request for a copy of the original agreement to ME III pursuant to section 77 & 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10. The Claimant has failed to comply with that request and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. The Claimant should provide copies of the Agreement, Default Notice and Notice of Assignment.
13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[LilPretty]

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

Thanks Amethyst.. do i send the CCA request to the solicitors (mortimer) as I have no contact details from either Egg/Arrow / Britannica

[Amethyst]

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

Ahhh, the claimant is ME III isn't it. I was thinking it was Brittanica.

So the CCA wants to go to ME III and I'll just amend the defence a bit two tics.

[Amethyst]

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

Okay amended.