Cabot claim a CCJ in place - Call their bluff?

[des8]

No, what's writ is fine...I was overthinking (or not thinking at all!)

[Grinfish]

Correct - only communicate in writing (emails or snail mail)

Ignore their time limits if it suits you.. they are meaningless. They will ignore yours.
i have over the years had numerous communications from solicitors with time limits to respond, and as a matter of course I do not reply until the day after expiry.

The only time to put in a meaningful time limit is if it is on the lines of "no response within 14 days and I will initiate court proceedings without further reference to yourself.

Did you send that letter as post 47? if not include the contents now

No I didn't, hence why I mentioned my dithering and my proposed wording. If you think there is anything more I need to tack in, now would be a good time as I intend to fire off tomorrow by email (Saturday via Snail on the one day I can properly)

[des8]

Correct - only communicate in writing (emails or snail mail)

Ignore their time limits if it suits you.. they are meaningless. They will ignore yours.
i have over the years had numerous communications from solicitors with time limits to respond, and as a matter of course I do not reply until the day after expiry.

The only time to put in a meaningful time limit is if it is on the lines of "no response within 14 days and I will initiate court proceedings without further reference to yourself.

Did you send that letter as post 47? if not include the contents now

[Grinfish]

Ok, but rather than just "enter my home" change to "access my home and garden" (if you have one!)

Not had my own garden in years. I don't even live on the ground floor where I am now. Naturally that can create its own issue with a communal access door to the building, but I can shout swear words through my own self-contained door until someone else calls the cops if it came to that. It won't, I'm sure.

Plan is to email it - to meet their response deadline- then via post (with PoP, obvs) to follow, which will be stated in the email.

It bugs me when you get a 7 day response window, the letter arrives on Day 4, and you work (through PO hours) until Day 9. I flat refuse to engage in telephone conversations unless personal or initiated by myself with my recognised contacts (council, utilities, landlord and such), partly because my sole record is the time of the call.

The frustration caused by responding within a time limit, hearing sod all for a couple of weeks, then being expected to respond within their time limit is quite vexing.

Should I start putting (un)reasonable (to people in a normal day job) time demands on them in response? I can barely access my emails during my work hours, let alone take time out to research case Law and come back with a strong response. I also don't want it to become a Keyboard Warrior scenario where we just constantly bump emails at each other, as it only takes one virus breakthrough to wipe out one side of the argument.Should I propose a 10 to 14-day turnaround?

[des8]

Ok, but rather than just "enter my home" change to "access my home and garden" (if you have one!)

[Grinfish]

I do hope you realise that there is a need for funds by the company please help them out.

Sorry, I have rent and utility bills to feed. Perhaps they could try a Gofundme (Or more likely, a Go****themselves)

[Grinfish]

I've kept it short and snappy. Thought I'd mention the prior incompetence of their client as I still have a lead-in to the ICO and FOS I can take it required:


Mortimer Clarke Solicitors Limited



BN11 1QP


I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir or Madam
Your reference: XXXXXX

Having recently received a delayed response to a Subject Access Request made to your client in early December (which led to a complaint being initiated), I finally find myself in a position to contact you to notify you of the following:

It is noteable that a County Court Judgment is not enforceable after a period of six years has elapsed without seeking further permission from the court to do so (CPR 83.2.(3)(a)).

It is noteable that I own no land or equity in property for charge to be laid against.

I hereby withdraw any implied right of access for Marston to enter my home. Any attempt to do so will be considered an act of trespass and may lead to the police being requested to attend to prevent any potential breach of the peace.

Yours faithfully

[des8]

I do hope you realise that there is a need for funds by the company please help them out.

[DE DOGS]

I do hope you realise that there is a need for funds by the company please help them out.

[echat11]

des8 echat11 Bit cheeky I know, but could I trouble either of you to proof-read my letter (specifics redacted) to ensure I've kept it clear and uncompromising? I'm loathe to put it in open-forum but if you'd prefer not to be DM'd I'll (reluctantly) do so. TIA

Post it on the forum, providing all personal details are redacted. Make a copy, then remove personal details, replace with XXXXXXXXX, total anonymity.

[Grinfish]

des8 echat11 Bit cheeky I know, but could I trouble either of you to proof-read my letter (specifics redacted) to ensure I've kept it clear and uncompromising? I'm loathe to put it in open-forum but if you'd prefer not to be DM'd I'll (reluctantly) do so. TIA

[des8]

This won't be Marstons acting as bailiffs so won't have a court order.

If there had been an application to enforce the expired CCJ you would have received notice of the court hearing to enable you attend and dispute it.

[Grinfish]

I don't know if this applies to you - 'vulnerable person'.

https://www.citizensadvice.org.uk/de...re-vulnerable/

It doesn't, other than this driving me nuts.

I certainly won't be welcoming anybody in.

[echat11]

I don't know if this applies to you - 'vulnerable person'.

https://www.citizensadvice.org.uk/de...re-vulnerable/

[des8]

Write and tell them that you are withdrawing implied right of access for Marston to come onto your property.
If they do visit tell them to go forth and multiply as they are trespassing and if they do not go you will call the police to attend to prevent a breach of the peace