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

[nemesis45]

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?

On your credit files H?

nem

[happyharry]

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

Yes, should it be removed from the credit file or as there is still a debt it stays for the 6 years from Default?

On your credit files H?

nem

[nemesis45]

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

Yes, should it be removed from the credit file or as there is still a debt it stays for the 6 years from Default?

Yes all defaulted accounts are removed on the 6th anniversary of the default date, the debt still exists.
nem

[happyharry]

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

I thought so . . . Thanks

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION]

I have had constant letters since they dropped the claim, they are now writing to me suggesting they will pass the debt on to another dca. I presume they are at liberty to do this, but would they other dca be able to make another claim? Not sure how these things tend to pan out?

Any advice ?

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION] . . . Hi Nem, I was wondering if you could take a look at my last question if you have time please?

@nemesis45

I have had constant letters since they dropped the claim, they are now writing to me suggesting they will pass the debt on to another dca. I presume they are at liberty to do this, but would they other dca be able to make another claim? Not sure how these things tend to pan out?

Any advice ?

[Kati]

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

I'm sure they OR another dca would not be able to bring another claim after discontinuing but I'll tag [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] for confirmation (Nem's been away [MENTION=35838]happyharry[/MENTION])

[nemesis45]

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

@nemesis45 . . . Hi Nem, I was wondering if you could take a look at my last question if you have time please?

Hello Harry,
I'm sorry I have not been able to respond, just recovering from major cervical spine surgery.
Mortimer Clarke, DLC, Cabot quite often threaten to " sell on " alleged debts they fail to collect or enforce in court.
A debt purchaser should not sell a debt without disclosing the current status of the debt and I doubt that a 2nd bite at the cherry will be allowed.

Keep the notice of discontinuation safe.

Good luck!!

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION] - I hope the surgery went well! You should be resting up not replying but i appreciate it. I'll keep everything filed! Hope your feeling better soon!

[nemesis45]

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

@nemesis45 - I hope the surgery went well! You should be resting up not replying but i appreciate it. I'll keep everything filed! Hope your feeling better soon!

Thanks Harry!!!

[Diana M]

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

would they other dca be able to make another claim?

The answer to your question is since you filed your Defence before the claim was Discontinued the creditor (or any subsequent owner of the debt) cannot issue a new claim based on the same or substantially the same facts without permission from the court which they are unlikely to get.

This would also include any legal arguments which you pleaded in your Defence even if they weren't mentioned or referred to in the Particulars of Claim.

If any DCA or future owner writes to you just send them a copy of the Notice of Discontinuance with a one-liner which simply says "please see attached".

Debt purchasers get minimal information when they buy a debt (name, account number, balance outstanding and last known address) and are unlikely to know the history so enlighten them with a copy of that Notice.

I don't know when you last made a payment towards the debt (sorry I haven't read back through your thread) but when a claim is Discontinued the Statute Barred clock starts ticking again as if the claim never happened, so with any luck your debt will become SB before anyone else gets involved anyway

Di

[happyharry]

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

Thank you for the info! Makes complete sense . . .

The answer to your question is since you filed your Defence before the claim was Discontinued the creditor (or any subsequent owner of the debt) cannot issue a new claim based on the same or substantially the same facts without permission from the court which they are unlikely to get.

This would also include any legal arguments which you pleaded in your Defence even if they weren't mentioned or referred to in the Particulars of Claim.

If any DCA or future owner writes to you just send them a copy of the Notice of Discontinuance with a one-liner which simply says "please see attached".

Debt purchasers get minimal information when they buy a debt (name, account number, balance outstanding and last known address) and are unlikely to know the history so enlighten them with a copy of that Notice.

I don't know when you last made a payment towards the debt (sorry I haven't read back through your thread) but when a claim is Discontinued the Statute Barred clock starts ticking again as if the claim never happened, so with any luck your debt will become SB before anyone else gets involved anyway

Di