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Advice needed please - Mortimer Clarke / Cabot / Tesco

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  • #61
    Originally posted by Amethyst View Post
    You didn't attend a hearing in April last year did you ?
    by telephone or otherwise ?

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    Hi Amethyst, yes I did, in person but they phoned in.* They still hadn't provided the agreement or assignment so the Judge said the paperwork would have to be provided again by May 24th, Mortimer Clarke sent the 'application form' again and the assignment that was almost totally redacted and did not have any information on in relation to me.* I wrote back pointing this out and heard nothing else until now

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    • #62
      Ahhhh okay I'd missed that that had happened.

      Not much point as yet as their claims struck out but if it is reinstated worth checking back on that order and comparing exactly what was ordered vs what they have supplied.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #63
        Originally posted by Amethyst View Post
        Ahhhh okay I'd missed that that had happened.

        Not much point as yet as their claims struck out but if it is reinstated worth checking back on that order and comparing exactly what was ordered vs what they have supplied.
        Will do, thanks Amethyst

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        • #64
          Hi Amethyst, I have received this today from the Court.* I'm guessing they can still object or just file a new claim .....
          Attached Files

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          • #65
            Nice of the Judge

            Yes they can object, so sit tight a while.

            They can't just file a new claim though - they would need permission to do so and give very good reason why - it couldn't just be on the same facts.

            Weird thing to do to put in the order for the court to reimburse the application costs ( I suppose they are saying it's the courts fault they were struck out for non payment so the court should pay, but it is the claimant who didn't pay so sticky wickets there )

            Attached img of docs save others needing to unzip files.

            *
            Attached Files
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

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            • #66
              Well it's fair to say that is not how to draft an application for relief from sanctions. I would say that their application sunk itself without any help from anyone else
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

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              • #67
                Originally posted by Amethyst View Post
                Nice of the Judge

                Yes they can object, so sit tight a while.

                They can't just file a new claim though - they would need permission to do so and give very good reason why - it couldn't just be on the same facts.

                Weird thing to do to put in the order for the court to reimburse the application costs ( I suppose they are saying it's the courts fault they were struck out for non payment so the court should pay, but it is the claimant who didn't pay so sticky wickets there )

                Attached img of docs save others needing to unzip files.
                It's unbelievable that they can just keep objecting, when it was their error, suppose they'll continue to object so I won't be heaving a sigh of relief any time soon, thanks Amethyst

                Comment

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