**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]

Quick update and hoping for your opinion. Sent a letter recorded delivery last week asking for their urgent attention into my letter requesting for the particulars of the claim etc. It's been signed for but they haven't responded in anyway. The last date for my defence is the 12th Febuary.

How should I play this from here and can they suddenly produce the requested info a few days before the court date etc, how does this stand?

As always thanks in advance for your help.

[nemesis45]

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

@nemesis45

Quick update and hoping for your opinion. Sent a letter recorded delivery last week asking for their urgent attention into my letter requesting for the particulars of the claim etc. It's been signed for but they haven't responded in anyway. The last date for my defence is the 12th Febuary.

How should I play this from here and can they suddenly produce the requested info a few days before the court date etc, how does this stand?

As always thanks in advance for your help.

Hello H, responding to your PM.
When was the letter signed for?

Start looking around the forum at defences so you get a good idea of content and format.

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION]

They signed for the original request and I chased it as per you advice which they signed for last Wednesday (27th). Its been well over a week and I've had no reply. My concern is what if i receive the paperwork I've requested the day before the hearing?

[nemesis45]

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

@nemesis45

They signed for the original request and I chased it as per you advice which they signed for last Wednesday (27th). Its been well over a week and I've had no reply. My concern is what if i receive the paperwork I've requested the day before the hearing?

Only 5-6 working days Jay I doubt they will use 1st Class post.
I the documents are not provided then that part of your defence.

nem

[happyharry]

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

@nemesis45

Hi Nem, thanks for the info. I have come home today and found this letter in the post. Not sure what to make of it or what I should do now?

What are your thoughts please?

H

https://www.dropbox.com/s/pnmrmryecfczy1b/mcs.jpg?dl=0

[MIKE770]

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

make sure you follow Court instructions not Morts

[happyharry]

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

make sure you follow Court instructions not Morts

[MENTION=3599]MIKE770[/MENTION]
So I should send off my defence regardless? What's likely to happen if they still don't have the docs?

[MIKE770]

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

you mention within your defence, the court timings are important not theirs. they also have to abide to court timings not their own.

[MENTION=1937]nemisis[/MENTION]45 ask Nemisis to pop in for you!

[Amethyst]

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

Well that's quite a nice simple letter. As Mike has said though you should still file your defence. The maximum extension you can agree between parties is 28 days. You asked them to agree to a formal extension under CPR 15.5 in your CPR letter, they haven't agreed with that, just some random 'we promise not to ask for judgment'. Well, I'm afraid that isn't good enough and they shouldn't have brought the claim without having had sight of the documents in the first place.

Theres a basic defence example to get you started http://www.legalbeagles.info/forums/...t-Court-Claims

[happyharry]

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

Well that's quite a nice simple letter. As Mike has said though you should still file your defence. The maximum extension you can agree between parties is 28 days. You asked them to agree to a formal extension under CPR 15.5 in your CPR letter, they haven't agreed with that, just some random 'we promise not to ask for judgment'. Well, I'm afraid that isn't good enough and they shouldn't have brought the claim without having had sight of the documents in the first place.

There's a basic defence example to get you started http://www.legalbeagles.info/forums/...t-Court-Claims

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=3599]MIKE770[/MENTION]

Ok thank you all for this . . . I will prepare my defence based on what I have to date and submit it on here for you guys to look over.

My only concern would be if they provided the documents the day before the hearing or on the day. How do you defend that especially if there all legible and correct. Surely that wouldn't be fair? My aim has been to try and defend this and worse case scenario I would try and negotiate a Tomlin order on the basis that I would loose my job overnight with a CCJ recorded against me. If they produce the docs and judgement is passed I won't have a opportunity to get a Tomlin order in place I presume? Really unsure on the whole process to be fair.

[Amethyst]

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

Hiya,

If you are defending and are unsure, and a CCJ would mean you lose your job, then you should think about negotiating settlement out of court ( under a Tomlin order ) at this stage ( a week after filing your defence is often a good time to get a decent settlement actually) The sum being claimed is £8991.55 and you have around £200 disposable income but needs to cover all of your debts ? Otherwise you stick it out, this is a MBNA credit card - you say back to 2010 - so unlikely it will be statute barred. So defence wise you are looking at hoping the claimant can't provide the agreement. MBNA I'd say it's 50/50 whether they will provide it. When was the MBNA card taken out originally do you know ?

A CCJ isn't just passed ( unless you fail to enter a defence ) and you can negotiate to settle outside of court at any time but they don't HAVE to accept. You're probably looking at £50 a month for this minimum to get an agreement in place. The claim would remain in the court system and if you defaulted they would be able to apply for judgment.

There is usually a point that these are discontinued way before any hearing date - usually when the hearing fee is due if they aren't going to proceed. It really is up to you how much of a risk you want to take, and with your job relying on you having a clean file, it does seem a settlement is work considering.

There isn't a process as such, more a game of chess ( or stress ).

Putting a defence in now though will give you a bit more breathing space... you don't have to make any decision instantly. If they produce the docs at any point you could then negotiate with them.

[happyharry]

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

Hiya,

If you are defending and are unsure, and a CCJ would mean you lose your job, then you should think about negotiating settlement out of court ( under a Tomlin order ) at this stage ( a week after filing your defence is often a good time to get a decent settlement actually) The sum being claimed is £8991.55 and you have around £200 disposable income but needs to cover all of your debts ? Otherwise you stick it out, this is a MBNA credit card - you say back to 2010 - so unlikely it will be statute barred. So defence wise you are looking at hoping the claimant can't provide the agreement. MBNA I'd say it's 50/50 whether they will provide it. When was the MBNA card taken out originally do you know ?

A CCJ isn't just passed ( unless you fail to enter a defence ) and you can negotiate to settle outside of court at any time but they don't HAVE to accept. You're probably looking at £50 a month for this minimum to get an agreement in place. The claim would remain in the court system and if you defaulted they would be able to apply for judgement.

There is usually a point that these are discontinued way before any hearing date - usually when the hearing fee is due if they aren't going to proceed. It really is up to you how much of a risk you want to take, and with your job relying on you having a clean file, it does seem a settlement is work considering.

There isn't a process as such, more a game of chess ( or stress ).

Putting a defence in now though will give you a bit more breathing space... you don't have to make any decision instantly. If they produce the docs at any point you could then negotiate with them.

[MENTION=6]Amethyst[/MENTION] - Thank you so much for this overview. It really does help in terms of understanding the options. This site has been so valuable to me.

A quick couple of questions . . .

1) If I submit my defence now based on the current situation of no contracts and let's say they can't find them by the hearing. Would that be the end of it?

2) If I submit my defence now and then try to negotiate a settlement via a Tomlin order would that be me admitting liability?

3) Finally, when negotiating a Tomin order can you also negotiate a lower balance. I have £50 per month tops to pay into a Tomlin so i would be paying it for 15 years at that rate! Any thoughts on this?

[Amethyst]

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

1) It should be, but not necessarily - they could ask the court to allow them more time to come up with the documents.
2) No as any genuine attempt at negotiation and settlement during the court process is made without prejudice ( you'd write that at the top of any letters offering settlement)
3) You can negotiate what you like really, depends how ballsy you feel - if there are no docs and you have defended you are in a better position and may POSSIBLY be able to get agreement to approx 50% of the debt @ £50 a month. If you have property? though you might struggle as they might be looking at longer term CCJ + Charging order to secure the debt....in which case you'll struggle to get much of a discount - especially if they have the documents. £50 a month and review in 6 months if your circumstances improve etc could be put into the agreement.

[happyharry]

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

1) It should be, but not necessarily - they could ask the court to allow them more time to come up with the documents.
2) No as any genuine attempt at negotiation and settlement during the court process is made without prejudice ( you'd write that at the top of any letters offering settlement)
3) You can negotiate what you like really, depends how ballsy you feel - if there are no docs and you have defended you are in a better position and may POSSIBLY be able to get agreement to approx 50% of the debt @ £50 a month. If you have property? though you might struggle as they might be looking at longer term CCJ + Charging order to secure the debt....in which case you'll struggle to get much of a discount - especially if they have the documents. £50 a month and review in 6 months if your circumstances improve etc could be put into the agreement.

[MENTION=6]Amethyst[/MENTION]


Ok I see ... Think the best bet is to supply a defence next week and see what happens. It's tough in the respect that you can't really play your next move until they play theirs.

With regards to the Tomlin/CCJ and negotiations etc ... I have no property or assests of any value. Even if i was given a CCJ i still couldn't afford more than £50 per month max.

Thanks again for the help. Am I ok to tag you when I put up my draft defence please?

[Amethyst]

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

Course, or PM me if I'm not about xx