Court claim STRUCK OUT ! Marlin / Mortimer Clarke re: old EGG debt

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Have they had the 31.14 request for 7 days or more ?

If so phone them up and ask when you're getting the documents and also ask them to agree to an extension of time for you to file your defence of 28 days and that they send you confirmation citing the exact date they agree to.

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Spoke to Mortimer Clarke this afternoon

Firstly, the letters were sent recorded delviery on 25th November and were delivered the next day
They said they received 1 letter on 29th November and the another on 3rd December - must be really busy not to have opened their post within a couple of days!!

The person I spoke to (claims handler I presume), tried to wriggle out by saying there was no time frame in which to produce the documents. I advised that there is and it was all in the letters I sent and quoted the relevant parts around the time frame to produce or write to me to indicate they needed more time
They said they had requested a copy of the agreement - makes me think they do not have this and surely if they had, they would have sent it to me as requested in the CPR 31.14 letter along with the other documents

The person I spoke to then said he needed to speak to his supervisor and came back to me a few minutes later to say he needed to speak to the solicitor

I had hear him speaking to the solicitor or supervisor in the background and heard them say that they need to comply with my request

After speaking to the solicitor, he came back to me to advise that they would agree to a 28 day extension and confirm this is writing

I re-iterated that if they did not comply, I would be making an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I would also be contacting my solicitor ( I do not have a solicitor, but do have acess to one if needed) in regards to any further action I could take in regards to the matter

I would presume at this point that I should contact the court to update them that Mortimer Clarke have agreed to an extension of 28 days to file my defence as I do not trust Marlin / MC at all

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Spoke to Mortimer Clarke this afternoon

Firstly, the letters were sent recorded delviery on 25th November and were delivered the next day
They said they received 1 letter on 29th November and the another on 3rd December - must be really busy not to have opened their post within a couple of days!!

The person I spoke to (claims handler I presume), tried to wriggle out by saying there was no time frame in which to produce the documents. I advised that there is and it was all in the letters I sent and quoted the relevant parts around the time frame to produce or write to me to indicate they needed more time
They said they had requested a copy of the agreement - makes me think they do not have this and surely if they had, they would have sent it to me as requested in the CPR 31.14 letter along with the other documents

The person I spoke to then said he needed to speak to his supervisor and came back to me a few minutes later to say he needed to speak to the solicitor

I had hear him speaking to the solicitor or supervisor in the background and heard them say that they need to comply with my request

After speaking to the solicitor, he came back to me to advise that they would agree to a 28 day extension and confirm this is writing

I re-iterated that if they did not comply, I would be making an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I would also be contacting my solicitor ( I do not have a solicitor, but do have acess to one if needed) in regards to any further action I could take in regards to the matter

I would presume at this point that I should contact the court to update them that Mortimer Clarke have agreed to an extension of 28 days to file my defence as I do not trust Marlin / MC at all

They have to give you agreement in writing and really should give you the date.

It is the defendants job to inform the court usually by email with a forwarded copy of the claimants agreement.

Bear in mind this is not for their benefit but is for YOU to defend their claim. it is not an extension of the 7 day requirement in 31.15. you need to keep chasing and keep transcripts of the calls to submit as evidence with your unless order, if required, as an unless order is a last resort and you want to show the court that you have done all you can before making an application.

M1

[Gorang]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Not heard a thing from Marlin / Mortimer Clarke

What's the next step and when is the deadline for submitting defence?

Your issue date is 15th nov so 33 days after that, but just to check you can always phone the court and ask them to confirm

Form my quick calcs you need to submit on this coming Monday or Tuseday at latest

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

I received written confirmation by post that MC had agreed to an extension to submit defence. The deadline is 16/1/2014

I informed to the court and they acknowledged receipt and passed on

I have not heard anything further from MC

What is the next step at this point

Thanks

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Apply for an unless order forcing them to comply with the rules of the court or the claim is struck out.

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Thanks M1

How do I do that and will it incur a cost to do this?

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

http://www.legalbeagles.info/forums/...ge2&highlight= from post 40 or so.

It costs £80 unless you qualify for remission of fees. http://www.justice.gov.uk/downloads/...eng-upto-6.pdf

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Thanks again M1

I've had a letter from MC today. I'll post up the details later tonight if I can.

My aged PC is currently in the process of slowly dying, so I may not be able to scan until tomorrow.

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Docs now uploaded

Hope they are properly redacted and I haven't redacted anything that may be important

Also,for those that have multiple pages, the pages are not in the correct order

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Your time limit is tomorrow. You need to get your unless order done. This is of the greatest importance. Do not let them screw you because you are afraid. Get it done. If you need your application checked post it up. I should be back just before 3.

It is interesting that you did it online in 2001 but it depends on whether they posted an agreement out for you to sign. If you get the documents we'll find.

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Thanks M1

Not afraid, just very nervous, worried, stressed and under pressure due to time. Lack of sleep is also impacting my judgement

I do not of the confidence of knowing what I'm doing with this

Without a signed agreement in front of me, I could not say for certain that I was posted an agreement to sign, but I'm pretty sure I did.

I'll post up a draft of my unless order application later today - will be sometime after 7pm

I'm also going to have to borrow the £80

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

I am sure this is the way forward. Having said that you should only do what is correct for you and that may be to settle. It is totally your call what to do as only you know your circumstances and what your abilities are when under pressure.

You might qualify for fee remission ? http://www.justice.gov.uk/downloads/...eng-upto-6.pdf

Your application should be a success and Marlin should bear the costs of it.

You should be able to settle if it transpires that there is no defence upon inspection of the documents. You may however win with an unless order even without a defence.

M1

[CleverClogs]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Without a signed agreement in front of me, I could not say for certain that I was posted an agreement to sign, but I'm pretty sure I did.

It would seem logical for you to have done that, as there seems to be no trace of any terms & conditions in the documents you posted.

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Apologies for the lateness in replying

had some work to finish off and then I wanted to read through everything again

Draft application attached with some queries on a few points I'm not sure about. I hope it's not too bad

Also, does it matter that in the CPR request I asked for documents that were not mentioned in the POC which did seem vague to me?

I've checked on the remission of fees and unfortunately I do not qualify

Settling is not an option - I rely on a considerable overdraft limit to get by every month and there is nothing to spare in my budget at all

Have I covered all documents I need to?

I am intending to email the application to the court by about 3pm tomorrow at the latest? Is there a particular subject heading for the email I need to use?

I'll need to phone the court to make payment, so will confirm with them that the application has been received

Sorry for all the questions, but I want to be thorough and ensure I have done everything right