Mortimer Clarke Solicitors ccj claim please help

[jaguarsuk]

Dear All,

@AMETHYST and @jaguarsuk


I just wanna say Thank you to all of you who pointed me at the right direction, i couldn't do it without you all.

quick update.. i haven't heard back from Mortimer Clark solicitors since their reply that they haven't got any of the information that i requested. I phoned the court three times since then and they said that they haven't heard back from Mortimer Clark Solicitors and that the case is on hold at the moment. I'm not sure what to do next if i do need to do anything at all or just leave it.

The claim is stayed now and they would have to apply to lift that stay if they source the documents.

You can also apply to lift the stay and have the claim dismissed, but there is a cost in doing that and you run the risk that if they get the documents before the hearing to do it that a costs order could be made against you for being unsuccessful.

Have you sent an SAR to the original lender and what has that turned up?

Because if they can't provide the agreement in the SAR the chances of the claimant getting it are zero, so you could be more confident in applying for summary judgement potentially. Or you can invite them to discontinue on the grounds that you won't cite unreasonable conduct in filing a claim without have the necessary documents to win that claim and thus won't pursue them for your costs to date.

It all really depends on what you know about the information available t them.

[alizzzz]

jaguarsuk
Thank you for your response. Unfortunately I haven't sent an SAR to the original lender because to my understanding they're no longer existed. Therefore, am not sure who to send it to.

For the time being I think I'll just wait and see

Thanks once again

[jaguarsuk]

jaguarsuk
Thank you for your response. Unfortunately I haven't sent an SAR to the original lender because to my understanding they're no longer existed. Therefore, am not sure who to send it to.

For the time being I think I'll just wait and see

Thanks once again

Even better, if they don't exist the chances of them getting documents are slim.

[alizzzz]

My dearest saviours,

18 months later, Mortimer Clarke solicitors has responded to my defence and Im anxious and desperate for your help please.

they provided me with a copy of:

Reconstituted agreement

Terms and conditions

Transaction data from the bank

Screenshot of default data

and notice of assignment.

They stated that they are not able to provide a copy of the original credit agreement.

and they made me an offer to settle outside court within 30 days

please can someone help/advice on what to do next..

Thank you in advance for your valuable time and life saving help.

Aliz

[alizzzz]

My dearest saviours Amethyst and @jaguarsuk

18 months later, Mortimer Clarke solicitors has responded to my defence and I’m anxious and desperate for your help please.
they provided me with a copy of:

Reconstituted agreement
Terms and conditions
Transaction data from the bank
Screenshot of default data
and notice of assignment.
They stated that they are not able to provide a copy of the original credit agreement.

and they made me an offer to settle outside court within 30 days

please can someone help/advice on what to do next..
Thank you in advance for your valuable time and life saving help.

Aliz

[jaguarsuk]

Okay, so I'd like to see the screenshot of default data because they are obliged to evidence issue of one and it complied with CCA 1974, it is shows an issue date of a letter titled "0013_COLLTRS" I'm gonna go insane, honestly.

Well we'd like to see it all, so if you can upload it with personal information removed we can look at what they have really sent you.

[alizzzz]

Dear jaguarsuk

Thank you for taking the time to help me I really appreciate it, I took pictures and then convert them to PDF and uploaded all 7 of them.

please let me know if theyre not clear or if you are having any problem viewing them.

Once again thank you.

aliz[

[alizzzz]

Dear jaguarsuk

Thank you for taking the time to help me I really appreciate it, I took pictures and then convert them to PDF and uploaded all 7 of them.

please let me know if theyre not clear or if you are having any problem viewing them.

Once again thank you.

aliz

[jaguarsuk]

Okay you haven't shown a copy of the notice of assignment they say they enclosed dates 17/11/2017.

We need to see all pages of the terms not just one.

You need to post a copy of the defence or else we can't see what their replying to.

It's great that they haven't got a copy of the default notice, how can the court determine it complied with s.88 of the Consumer Credit Act 1974 if they can't see it? Answer, they can't.

At this stage they are not doing anything and until I've seen the above I can't advise how to respond.

[alizzzz]

Dear jaguarsukhttps://www.dropbox.com/s/u493efgnk5...lizzz.pdf?dl=0

Good evening and I hope youre well, did you get a chance to view the link?

thank you for your time and your help

[jaguarsuk]

I don't have access to drop box I'm afraid, perhaps someone else can view them and advise you accordingly. Amethyst ?

[Amethyst]

Is it a reduced settlement offer? installments outside of court so the claim remains on hold while you pay?

This was a Lloyds bank credit card originally wasn't it?* Any idea if you applied for it originally online or on paper ?

Whats the date of the agreement?

Date of default ?

*

[Amethyst]

Ahhhh missed this page...

ok a 20% discount ( think you could probably do a bit better than that if you wanted to settle before they apply to lift stay - but depends if you can do a F&F lump sum or would have to be monthly installments)

Default notice Sept 2014 - no copy of the default notice just the system notes. But simple enough for them to provide a 'template' DN. Final demand sent a month later which would scan correctly for dates. Is it on credit file as defaulted in Oct 2014?
Seems to have gone to debt collection in Feb 2015 then sold to Cabot in Sept 2017.

Notice of assignment in Nov 2017.

Opened account in April 2013
Seems likely they are the right terms as they do refer to the OFT rather than the FCA ( it changed April 2014 ).
They can be recon terms. The address is correct I assume.
Full statements throughout the life of the account. No PPI or Card protection issues.

Balance of probablities they'll get the CCJ if they lift the stay and proceed.

.

[Amethyst]

jaguarsuk

this is the bit of the screenshot page

[jaguarsuk]

Balance of probablities they'll get the CCJ if they lift the stay and proceed.

It probably in your best interest to negotiate the best settlement you can and settle.