**DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

[happyharry]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

As always [MENTION=55034]nemesis45[/MENTION] thank you. I'll update you accordingly.

[Diana M]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

The claim is currently stay so I'm presuming they would have to get this going again through the courts.

This claim is stayed and has been stayed since February.

I can't think of any reason for you to enter into any correspondence with the Claimant or their Solicitors unless you intend to provoke them into action.

If the Claimant is confident that they have suddenly unearthed lawful paperwork then they can apply to the court to lift the stay and continue with the proceedings.

They haven't yet done that so why not wait until they do (if ever) before you decide your next move?

You filed your Defence based on the absence of documentation (I presume).

If the Claimant decides to resurrect things based on new evidence or information then you may have the right to amend your Defence to reflect that new legal scenario.

Just because the other side writes you a letter that doesn't mean you have to respond. I wouldn't.

Di

[nemesis45]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

As always @nemesis45 thank you. I'll update you accordingly.

Hello H I've replied to your message.

As I see it you have options.

1. Leave the situation as it is will the claim stayed since February in the hope the claim does not decide to pay the fee to continue the claim at ant time in the future, the possibility is always there.

2. Write to the solicitors saying that you intend to apply for the claim to be struck out and you expect them to meet the costs of the action unless they agree to discontinue. At least you may find out what their attitude is in regards to their prospects of success.

It is your choice H and I'll certainly not try to persuade you either way.

nem

[happyharry]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

@nemesis45

Thank you again for your points. You've been extremely helpful every time I've needed your opinion. You and others do this out of your own time and its really appreciated.

Hello H I've replied to your message.

As I see it you have options.

1. Leave the situation as it is will the claim stayed since February in the hope the claim does not decide to pay the fee to continue the claim at ant time in the future, the possibility is always there.

2. Write to the solicitors saying that you intend to apply for the claim to be struck out and you expect them to meet the costs of the action unless they agree to discontinue. At least you may find out what their attitude is in regards to their prospects of success.

It is your choice H and I'll certainly not try to persuade you either way.

nem

[Diana M]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

You and others do this out of your own time and its really appreciated.

I've replied to your PMs to me too

Sometimes it makes sense to keep everything on your forum thread unless you're in receipt of court papers or as in your case the Claimant decides to consider their option to make an application to lift a stay and carry on with with legal proceedings.

Di

[happyharry]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

@nemesis45

Thank you again for your points. You've been extremely helpful every time I've needed your opinion. You and others do this out of your own time and its really appreciated.

@nemesis45

Hi Nem,

Was wondering what your thoughts would be please? I wrote to Mort's along the lines of.......

On date....................... I received documents in response to my request made under the provisions of CCA 1974 having closely examined these I am rejecting said documents as not complaint with my request.

I am sure both DLC and Mortimer Clarke are fully aware of the obvious defects in these documents and why they do not meet the requirements for a copy of the agreement or a reconstituted agreement.

Given the information above I suggest that Mortimer Clarke advises its " client " to discontinue the claim as it has no reasonable chance of success.

Should DLC decide to continue with this claim it will be robustly defended.
No part of this communication is an acknowledgment of any liability to DLC.



Morts wrote back and said they have haven't seen what DLC sent but would write to them for clarification and the matter would remain on hold. To date ive heard nothing back at all from either Morts or DLC?

Any opinion?

As always thanks for your help.

[nemesis45]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

@nemesis45

Hi Nem,

Was wondering what your thoughts would be please? I wrote to Mort's along the lines of.......

On date....................... I received documents in response to my request made under the provisions of CCA 1974 having closely examined these I am rejecting said documents as not complaint with my request.

I am sure both DLC and Mortimer Clarke are fully aware of the obvious defects in these documents and why they do not meet the requirements for a copy of the agreement or a reconstituted agreement.

Given the information above I suggest that Mortimer Clarke advises its " client " to discontinue the claim as it has no reasonable chance of success.

Should DLC decide to continue with this claim it will be robustly defended.
No part of this communication is an acknowledgment of any liability to DLC.



Morts wrote back and said they have haven't seen what DLC sent but would write to them for clarification and the matter would remain on hold. To date ive heard nothing back at all from either Morts or DLC?

Any opinion?

As always thanks for your help.

Hello H,

Have you checked to see if the claim is still stayed?

Quite frankly I don't believe a word that MC says they are just another part of the Cabot group the same as DLC I realise that the muppets that handle litigation at MC are not very well trained from previous experience but to not know what their client has provided in regard to a claim is stupid if it's true.

I suspect MC has not contacted DLC so I would send a copy of your letter direct to DLC.

nem

[happyharry]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

@nemesis45

Hi Nem,

I'm appalled at the whole process to be honest. Its took over two years to provide anything! I did send the letter to both Morts and DLC and Morts replied (as mentioned above) DLC didn't.

Just spoken to the court and the claim is still stayed. Not sure what to do now, should i write again or just leave it until they come back? The lady i spoke to at the court did say the longer its left the more difficult it will be to have the stay lifted as district judges don't look favorably on incidents like this? Again have no idea if this is true ...

Whats your opinion?

Hello H,

Have you checked to see if the claim is still stayed?

Quite frankly I don't believe a word that MC says they are just another part of the Cabot group the same as DLC I realise that the muppets that handle litigation at MC are not very well trained from previous experience but to not know what their client has provided in regard to a claim is stupid if it's true.

I suspect MC has not contacted DLC so I would send a copy of your letter direct to DLC.

nem

[nemesis45]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

@nemesis45

Hi Nem,

I'm appalled at the whole process to be honest. Its took over two years to provide anything! I did send the letter to both Morts and DLC and Morts replied (as mentioned above) DLC didn't.

Just spoken to the court and the claim is still stayed. Not sure what to do now, should i write again or just leave it until they come back? The lady i spoke to at the court did say the longer its left the more difficult it will be to have the stay lifted as district judges don't look favorably on incidents like this? Again have no idea if this is true ...

Whats your opinion?

It's true that some judges may dislike claims that have been stayed for prolonged periods Jay.

I would leave alone until the new year then write to MC the write to Carbo0t suggesting that they instruct their solicitors to discontinue the claim or you will make application for the claim to be struck out and you will claim the cost of the application from them.

nem

[happyharry]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

I was thinking along the same lines myself! Will update as and when.

Thanks Nem.

It's true that some judges may dislike claims that have been stayed for prolonged periods Jay.

I would leave alone until the new year then write to MC the write to Carbo0t suggesting that they instruct their solicitors to discontinue the claim or you will make application for the claim to be struck out and you will claim the cost of the application from them.

nem

[happyharry]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

[MENTION=55034]nemesis45[/MENTION]

Hi Nem,

Wanted to update you on this. . . I rejected the documents they sent me (see above) and last week Morts have written to me to tell me they have decided to not pursue this through court and have cancelled the claim. I have also received the court correspondence too.

Not entirely sure where this leaves me but i wanted to thank you for your help and assistance from back in December 2015 when this all kicked off!

Is there anything i should be doing now with this?

[nemesis45]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

@nemesis45

Hi Nem,

Wanted to update you on this. . . I rejected the documents they sent me (see above) and last week Morts have written to me to tell me they have decided to not pursue this through court and have cancelled the claim. I have also received the court correspondence too.

Not entirely sure where this leaves me but i wanted to thank you for your help and assistance from back in December 2015 when this all kicked off!

Is there anything i should be doing now with this?

*********** Discontinued**************

Ok that's great news H!!

DLC/Cabot Mortimer Clarke may send you some begging letters e.g. " we know we can't enforce the debt but please pay us anyway etc." File for future reference.

It's been a long haul since December '15 well done for sticking with this all the way.

[happyharry]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

@nemesis45

Ok i will keep it all filled ... strictly speaking this should drop off my file within 6 years of the first default, is that about right?

Thanks for all your help Nem, genuinely mean it. You gave me peace of mind when i was at my most anxious. This service is invaluable!

*********** Discontinued**************

Ok that's great news H!!

DLC/Cabot Mortimer Clarke may send you some begging letters e.g. " we know we can't enforce the debt but please pay us anyway etc." File for future reference.

It's been a long haul since December '15 well done for sticking with this all the way.

[nemesis45]

Re: Received a CCJ Claim from DLC / Mortimer Clarke - Desperate for some advice

@nemesis45

Ok i will keep it all filled ... strictly speaking this should drop off my file within 6 years of the first default, is that about right?

Thanks for all your help Nem, genuinely mean it. You gave me peace of mind when i was at my most anxious. This service is invaluable!

Hello H,

6 years from the original creditors default date, one debt one default date has it been altered?

nem

[happyharry]

Re: **DISCONTINUED*** Received a CCJ Claim from DLC / Mortimer Clarke

Hi Nem,

I can see the original dates on there. I've had the first begging letter since the claim was discontinued just as you suggested i might.

I had another alleged debt with dlc which they wrote to me about last year and said as they couldn't substantiate the suggestion it was my debt they would close the account. That still shows on my agreement. Should it be removed?