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

[happyharry]

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

@nemesis45

Hi Nem,

I wrote a letter as suggested giving them a further 7 days to submit the documents and to date, I've received nothing back from them. Do I now move to apply for his to be struck out?

I would have chased this up within the 7 days I stipulated in my last letter but I've been snowed under. However its been a full 4 weeks now since they last wrote to me, so i think that's more than enough.

If you could give me some info on where i stand with this now etc it would be helpful. How does it work, what if they produce the docs after I've submitted the application etc? I've been asking for these docs repeatedly for over 18 months prior to a CCJ Claim being issued. They even told me the account was on hold until they got the docs and then filed the claim 4 days later!

As always, any help is appreciated.

Hello H,

Well that's a load of bull crap, they know full well that they haven't got the documents to enforce the debt and are just attempting to gain more time.

Personally I would tell them (in writing ) that their response is unacceptable and state that you will generously allow them a further 7 days to submit the documents request after which you will be making an application to the court citing their unreasonable conduct as grounds for having the claim struck out.

nem

[nemesis45]

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

@nemesis45

Hi Nem,

I wrote a letter as suggested giving them a further 7 days to submit the documents and to date, I've received nothing back from them. Do I now move to apply for his to be struck out?

I would have chased this up within the 7 days I stipulated in my last letter but I've been snowed under. However its been a full 4 weeks now since they last wrote to me, so i think that's more than enough.

If you could give me some info on where i stand with this now etc it would be helpful. How does it work, what if they produce the docs after I've submitted the application etc? I've been asking for these docs repeatedly for over 18 months prior to a CCJ Claim being issued. They even told me the account was on hold until they got the docs and then filed the claim 4 days later!

As always, any help is appreciated.

They cannot be trusted H,
I suggest one last try to get them to back down by writing to Christopher Ross - Roberts one of the principal directors of MC who I believe is a director in the Cabot/Hillesden T/A DLC bunch.
Make it very formal and point out the total lack of response from MC.

nem

[happyharry]

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

@nemesis45

Hi Nem,

Thank you for the quick response. I will send another letter to both DLC and Mortimer Clarke. The most annoying thing about this for me is that I requested the agreement over 18 months ago and they wrote to me in December stating the account remained on hold but then 4 days later they sent a CCJ Claim and to date there are still no docs.

Am i ok to message you the letter i intend to send and have you cast your eye over it for me?

Thanks in advance.

They cannot be trusted H,
I suggest one last try to get them to back down by writing to Christopher Ross - Roberts one of the principal directors of MC who I believe is a director in the Cabot/Hillesden T/A DLC bunch.
Make it very formal and point out the total lack of response from MC.

nem

[nemesis45]

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

@nemesis45

Hi Nem,

Thank you for the quick response. I will send another letter to both DLC and Mortimer Clarke. The most annoying thing about this for me is that I requested the agreement over 18 months ago and they wrote to me in December stating the account remained on hold but then 4 days later they sent a CCJ Claim and to date there are still no docs.

Am i ok to message you the letter i intend to send and have you cast your eye over it for me?

Thanks in advance.

Yes I read back through the thread it's either incompetence or complete incompetence if they have no reasonable prospect of seeing the claim to trial they should discontinue.

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION]

Hi Nem,

An update to make you aware of and your help would be again appreciated.

I have today received contact from dlc with a enclosed copy of my agreement.

Im not sure what I should do now? I'm absolutely gutted but also annoyed as I requested this information two years ago.

If you scan through the posts you will get the gist.

There letter finished by saying please call Mortimer to discuss possible payment options.

Your thoughts are appreciated and if you need a time line summary let me know.

Thanks in advance.

Yes I read back through the thread it's either incompetence or complete incompetence if they have no reasonable prospect of seeing the claim to trial they should discontinue.

nem

[MIKE770]

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

is it enforceable/unenforceable or a recon?

[happyharry]

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

[MENTION=3599]MIKE770[/MENTION]

Have no idea ... the letter says it's the original agreement?

What should I be looking for ?

[MIKE770]

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

@nemesis45

[nemesis45]

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

@nemesis45

Hi Nem,

An update to make you aware of and your help would be again appreciated.

I have today received contact from dlc with a enclosed copy of my agreement.

Im not sure what I should do now? I'm absolutely gutted but also annoyed as I requested this information two years ago.

If you scan through the posts you will get the gist.

There letter finished by saying please call Mortimer to discuss possible payment options.

Your thoughts are appreciated and if you need a time line summary let me know.

Thanks in advance.

Good morning,

Please post a copy of the " agreement" after removing your name and address and any account numbers let's see if it's compliant.

nem

[happyharry]

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

Thanks for the quick reply [MENTION=55034]nemesis45[/MENTION] ... I will post a copy up tomorrow.

[Diana M]

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

When should my idea of a Tomlin order be considered? I can't afford to get a CCJ as I'd loose my job, equally I can't afford to pay it off unless its at reduced payments etc

I read back through your thread and saw the above post in March. Your paramount need to preserve your job will be something to keep in mind when deciding your next step.

Let's hope the paperwork sent is flawed with no hope of remedy

I can see the claim was issued in 2015 and appears to have been stayed for over six months. Your suggestion of posting a timeline of events will be helpful.

Di

[nemesis45]

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

Thanks for the quick reply @nemesis45 ... I will post a copy up tomorrow.

Thanks Jay.

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION]


https://www.dropbox.com/s/bs42l1s2y379ttd/Scan161003123425-0001%20%281%29-page-001.jpg?dl=0

https://www.dropbox.com/s/rj3tne7pas...e-002.jpg?dl=0

https://www.dropbox.com/s/hoeujc3wlq...e-003.jpg?dl=0

Timeline . . .

08/2014 / / / Received letter from DLC back in 2014 and wrote the usual prove it letter. It was sent recorded with the £1 postal order.

They continued to write to me despite signing the letter.

20/11/2015 / / / Mortimer wrote giving me my options, and warning of court proceedings said I had 14 days to respond. I wrote back and said id asked for the info over a year ago.

25/11/2015 / / / DLC wrote and said they received the request and the £1 and at this stage the docs weren't available so the account would remain on hold.

11/12/2015 / / / Mortimer wrote to say no docs available and the account remains on hold.

14/12/2015 / / / Received CCJ claim from the courts so filed for the extension which was agreed.

29/12/2016 / / / Mortimer wrote and said the docs still weren't available so it would remain on hold.

03/02/2016 / / / Mortimer wrote to acknowledge my letter of chasing and said docs still not available.

12/02/2016 / / / Court wrote and said it had stayed.

03/04/2016 / / / I chased DLC to either end claim or produce docs.

06/05/2016 / / / DLC wrote and said still no docs available and they would get back to me in two weeks.

01/07/2016 / / / I wrote to DLC and Mortimer to ask them to either provide the docs or I would ask for the court to strike the claim out.

29/09/2016 / / / I received the attached letter and agreement copy. They Also enclosed from MBNA another copy that was sent to them back in December 2015 too. I identical to what they have sent now

Anyone's thoughts will be appreciated . . .

[nemesis45]

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

Hello H,

Reading through this now.

nem

[nemesis45]

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

Hello H,

Is that ALL you have been sent? Is the T's & C's page really that illegible? I see is as totally useless.

#Personally if what I see is all that's been provided it does not meet a CCA request on legibility alone, and I would reject it as of no merit.

nem