Mortimer Clark Court Claim

[ForumLurker]

Hi all,

First time poster, but long time lurker, so I'm hoping someone here can poi t me in the right direction.

I've attached a copy of the letter received today. In all honesty, the debt is valid and the amount about right. I stopped paying several debts at the time as I fell into financial difficulty - and whilst I still have issues financially, my situation has improved.

I cannot afford to clear the full amount, but could raise £400 by the end of the month.

So questions:

1. What would you advise in terms of defending/offering a F&F?
2. What steps should I take now?

My only goal is to avoid a CCJ and although I could raise £400, it would make the following months hard so would like the 'cheapest' possible route.

I ka ow from reading you guys all seem incredibly helpful and non judgemental, so would sincerely appreciate your input!

[ForumLurker]

Apologies - I forgot to attach the letter.

[MIKE770]

tell us what it is for = no one answer fits situation,

[ForumLurker]

Hi Mike,

The debt is for a Clyde Dale Bank credit card. The debt was passed onto Cabot and then MC.

In all honesty, I don't recall a notice of assignment (there probably was one though) , but I do recall several letters from MC threatening court action.

Hope that helps and thanks in advance. :-)

[GBExile]

Pay the £400 by the end of the month & the balance by the time they are instructed to pay the hearing fee & its job done. No CCJ.

If you acknowledge service & submit the standard defence (IE defend the claim not admit it) it should give you 2 to 3 months to come up with the remaining £320.

It maybe an idea to keep the £400 in your bank until you save the £320 & pay it in one go though... If you can save (& not spend) the £400 that is..

[ForumLurker]

Hi GBEXILE,

Thanks for your reply.

If that is the best and only route, then that's fine. Being wholly honest, I was hoping to frustrate the process as best I can and ultimately make an 11th hour settlement offer.

Are there any legitimate defences, etc? Any particular tactics that might get a lower settlement offer acceped?

Truth be told, I dispise that company and the way they operate and I don't want to give them a penny more than I have to.

[GBExile]

Hi GBEXILE,

Thanks for your reply.

If that is the best and only route, then that's fine. Being wholly honest, I was hoping to frustrate the process as best I can and ultimately make an 11th hour settlement offer.

Are there any legitimate defences, etc? Any particular tactics that might get a lower settlement offer acceped?

Truth be told, I dispise that company and the way they operate and I don't want to give them a penny more than I have to.

The standard defence is on the right hand of the webpage. You start at "Acknowledge Claim" & send CCA, CPR & Subject Access Request. & then file your defence (examples are all on the links).

But if they come up with the docs. You need to pay before they pay the hearing fee else you will be paying extra or you could let it run to a court hearing & pay the extra within 14 days (I think) to avoid a CCJ if they are awarded judgement..

[MIKE770]

Amethyst

[ForumLurker]

The standard defence is on the right hand of the webpage. You start at "Acknowledge Claim" & send CCA, CPR & Subject Access Request. & then file your defence (examples are all on the links).

But if they come up with the docs. You need to pay before they pay the hearing fee else you will be paying extra or you could let it run to a court hearing & pay the extra within 14 days (I think) to avoid a CCJ if they are awarded judgement..

Thanks again GBEXILE.

Okay, so I have now acknowledged the claim via the moneyclaim.gov website and ticked the box "I intend to fully defend the claim".

Just so I get this right, could you confirm:

CCA Request: To Cabot +£1 Fee with a copy to MC (no fee)?
CPR Request : To MC at address on claim form.
SAR: To MC? Any fee?

Thanks as always. :-)

[Amethyst]

SAR to Clydesdale

CCA to cabot

CPR to Mortimer Clarke xx

[pt2537]

Make sure you make a point of asking for the Default notice, they dont mention it but they need either a s87 or 98A notice if the agreement has been terminated, so they must produce one bless them

[ForumLurker]

Hi again all,

I have had a reply to my CPR request to MC. They have given me a copy of the notice of assignment and have requested the rest from 'their client'.

They have also stated "The matter has been placed on hold and no further action will be taken."

Do I need do anything re: court case?

I'm conscious of the deadline approaching for my defence, etc.

And would it prudent to offer 50% settlement at this juncture whilst I still have a level of influence? Something along the lines of 'in view of the fact that you are not in possession of the correct paperwork and in light of the fact although I acknowledge a debt, I dispute the amount owing. Therefore as a compromise I will offer 50% as F&F'

As always, your help and guidance is appreciated.

[MIKE770]

stick to deadline instruction in fact they cannot put case on hold only the court can and they have not, keep copy of that letter for possible later use if needed

[Matty B]

Make an offer at your peril. I think that would be part of mediation. Surely if you make an offer they could pass that to a judge as admitting the debt.

[GBExile]

Make an offer at your peril. I think that would be part of mediation. Surely if you make an offer they could pass that to a judge as admitting the debt.

^^^^^^ this

dont do it