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

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION] there was a load of simialr small print that followed it. Shall I upload the whole document they sent?

[nemesis45]

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

@nemesis45 there was a load of simialr small print that followed it. Shall I upload the whole document they sent?

Hi, It looks like a shabby attempt to produce a " reconstituted" agreement yes please post the rest.
For a recon you should have your name and address as it was when the account was opened, ditto for the creditor + T & C's for when the account was opened and those relevant when the account was closed + any other docs mentioned in the T's & C's.

It must be easily legible in ALL parts.

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION] I'll upload the lot tomorrow. My name and address was at the top of the page I drew two black lines through the copies I uploaded.

Thanks for coming back to me me. Will tag you when it's uploaded.

[happyharry]

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

@nemesis45

Please see links below of the complete document. You will see that I've made a note on one of the pages where the address is different from that of page one. The address they have used in the T&C's is my current C/O address and the only organisation that would have had this would have been DLC. MBNA would never have been given this address as it was only set up as a C/O address after DLC chased me in 2014.

MBNA also sent the exact same bulk of paperwork to DLC back in December 2015.

DLC have sent me a copy of a letter from MBNA date 08 December 2015 saying i requested my terms and conditions from them which I didn't, ive had no direct contact with MBNA. This address must have been passed on to them via DLC. The letter even reads we hope you continue enjoying the benefits of your credit card account despite it being defaulted a year before. This is why i think (where i've written a note) they have that address from.

The first three pages you have further up the thread.

https://www.dropbox.com/s/9u13vg6i8i...-0001.pdf?dl=0

https://www.dropbox.com/s/9hn7gn2ztk...-0002.pdf?dl=0

https://www.dropbox.com/s/dsf0m8e76g...-0003.pdf?dl=0

https://www.dropbox.com/s/m130vdpopr...-0004.pdf?dl=0

https://www.dropbox.com/s/i3gwhdgg8u...82%29.pdf?dl=0

As always, your thoughts would be appreciated.

H

[nemesis45]

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

@nemesis45

Please see links below of the complete document. You will see that I've made a note on one of the pages where the address is different from that of page one. The address they have used in the T&C's is my current C/O address and the only organisation that would have had this would have been DLC. MBNA would never have been given this address as it was only set up as a C/O address after DLC chased me in 2014.

MBNA also sent the exact same bulk of paperwork to DLC back in December 2015.

DLC have sent me a copy of a letter from MBNA date 08 December 2015 saying i requested my terms and conditions from them which I didn't, ive had no direct contact with MBNA. This address must have been passed on to them via DLC. The letter even reads we hope you continue enjoying the benefits of your credit card account despite it being defaulted a year before. This is why i think (where i've written a note) they have that address from.

The first three pages you have further up the thread.

https://www.dropbox.com/s/9u13vg6i8i...-0001.pdf?dl=0

https://www.dropbox.com/s/9hn7gn2ztk...-0002.pdf?dl=0

https://www.dropbox.com/s/dsf0m8e76g...-0003.pdf?dl=0

https://www.dropbox.com/s/m130vdpopr...-0004.pdf?dl=0

https://www.dropbox.com/s/i3gwhdgg8u...82%29.pdf?dl=0

As always, your thoughts would be appreciated.

H

Thanks H.

I have to go out for an hour or so and will read all as soon as I get back.

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION] thank you.

[nemesis45]

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

Hello H,

On of the pages has the following " See your agreement for terms 1/2/3 I can't see them??

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION]

I submitted them further up the thread? Is that what you mean?

Here were the links

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

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


Is it this one your after ???


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

[nemesis45]

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

@nemesis45

I submitted them further up the thread? Is that what you mean?

Here were the links

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

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


Is it this one your after ???


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

Hello H.

The page on the 2nd link on your original list is headed for sections 1 2 3 4 refer to etc. I can find /read those bits.

nem

[happyharry]

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

Hi [MENTION=55034]nemesis45[/MENTION],

I think this is what its referring too and its very difficult to read as its so small.

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

It clearly has a numbers 1 etc in the margin but the original I have isn't much clearer.

Not sure what to do, should i try re-scanning the whole lot again?

[nemesis45]

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

Hi @nemesis45,

I think this is what its referring too and its very difficult to read as its so small.

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

It clearly has a numbers 1 etc in the margin but the original I have isn't much clearer.

Not sure what to do, should i try re-scanning the whole lot again?

If the sections 1 2 3 4 are unreadable that " agreement " fails to comply.

This is a key point now for your defence, as the CCA says that any agreement Must Be Easily Legible in ALL parts.

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION]

Genuinely, the only way you could read it would be with a magnifying glass.

The letter from DLC says to call Mortimer within 14 days to discuss payment terms. Should i write to them both (DLC and Mort) with what you mentioned above a go from there?

If the sections 1 2 3 4 are unreadable that " agreement " fails to comply.

This is a key point now for your defence, as the CCA says that any agreement Must Be Easily Legible in ALL parts.

nem

[nemesis45]

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

@nemesis45

Genuinely, the only way you could read it would be with a magnifying glass.

The letter from DLC says to call Mortimer within 14 days to discuss payment terms. Should i write to them both (DLC and Mort) with what you mentioned above a go from there?

Mortimer Clarke is a firm of solicitors wholly owned by Cabot / DLC so I would write to MC along the lines of?
For the attention of:
The Principal Solicitor
Mortimer Clarke
Date:

Re: County Court Claim Number...................................
Your " client " Hillesden Securities Ltd T/A DLC


Dear Sir/ Madam,

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.

Send by signed for post check delivery and signature and print a copy for your records.

The court process continue so follow complete and return any documents received from the court as instructed.
nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION]

Thank you for the info.

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

The question I have is that if the worse case scenario for me happens I'd hope to negotiate a Tomlin Order as a CCJ would impact my employment massively. What if they don't take heed of the letter and go straight to proceedings and get the claim going again. Will I get the opportunity to negotiate for a Tomlin again?

Your thoughts and your time is ever so much appreciated and thank you for al your help thus far.

[nemesis45]

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

There's always the " negotiation " stages either a consent order(Tomlin) order or an offer of payment on condition the claim is discontinued.

nem