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

[happyharry]

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

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

@Amethyst

Hey . . . Ive just PM'd you regarding the defence. I need to file it by tomorrow so if you could cast your eye over it that would be super helpful and most appreciated.

Thanks in advance.

1: I received the claim XXXXXXXX from the County Court Business Centre Northampton on 18/12/2015.


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim is for acredit card agreement regulated under the Consumer Credit Act 1974.


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5: The Claimants statement of case states that the account was assigned from MBNA toHillesden Securities Limited T/A DLC but fails to give a date as to when this was assigned. The Defendant does not recall ever receiving notice of this assignment.


6: It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


7: On the 18/12/2015I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke SolicitorsI requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


8: Mortimer Clarke Solicitorshave not sent any of these documents to me.


9: On the26/08/2015 I sent a formal request for a copy of the original agreement to DLCpursuant to section78of the Consumer Credit Act 1974 along with the statutory £1 fee. The claimant didn't knowledge receipt of this request untilxxh November 2015 and has since failed to supply the details of my request.


10: The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)Consumer Credit Act 1974 cannot enforce the agreement.


11: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


12: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


13: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


14: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


15: It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed …………………………………………


Dated .................................................. ....

[Amethyst]

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

Replied xx Post it or PM it is fine xxx I am off to bed shortly but I'll check first thing in morning

[happyharry]

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

Replied xx Post it or PM it is fine xxx I am off to bed shortly but I'll check first thing in morning

No problem, thank you . . . See below . . . x

1: I received the claim XXXXXXXX from the County Court Business Centre Northampton on 18/12/2015.


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim is for acredit card agreement regulated under the Consumer Credit Act 1974.


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5: The Claimants statement of case states that the account was assigned from MBNA toHillesden Securities Limited T/A DLC but fails to give a date as to when this was assigned. The Defendant does not recall ever receiving notice of this assignment.


6: It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


7: On the 18/12/2015I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke SolicitorsI requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


8: Mortimer Clarke Solicitorshave not sent any of these documents to me.


9: On the26/08/2015 I sent a formal request for a copy of the original agreement to DLCpursuant to section78of the Consumer Credit Act 1974 along with the statutory £1 fee. The claimant didn't knowledge receipt of this request until XX November 2015 and has since failed to supply the details of my request.


10: The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)Consumer Credit Act 1974 cannot enforce the agreement.


11: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


12: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


13: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


14: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


15: It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed …………………………………………


Dated .................................................. ....

[Amethyst]

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

Well as they haven't sent you a sausage that is pretty straightforward Only bit I'm not sure on is '' The claimant didn't knowledge receipt of this request until 25th November 2015 and has since failed to supply the details of my request." maybe The claimant failed to acknowledge receipt of this request until 25th November 2015, and has since failed to provide a copy of the regulated credit agreement.

Other than that, which isn't an issue at all just a wording thing, I think you're good to go

[happyharry]

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

Well as they haven't sent you a sausage that is pretty straightforward Only bit I'm not sure on is '' The claimant didn't knowledge receipt of this request until 25th November 2015 and has since failed to supply the details of my request." maybe The claimant failed to acknowledge receipt of this request until 25th November 2015, and has since failed to provide a copy of the regulated credit agreement.

Other than that, which isn't an issue at all just a wording thing, I think you're good to go

Thank you for that. I'll submit it in the morning and see how we go from there.

It is quite unbelievable that since my first request in August they didn't respond until November and then after finally acknowledging the request they 18 days later send me a CCJ Claim.

Thank you so much for all your help and [MENTION=55034]nemesis45[/MENTION] also. Still a long way to go with this I guess but will keep you updated.

[happyharry]

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

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

Hello to you both, I was hoping you might be able to give me some more advice again? I filled my defence on Friday have received this today from the court;

https://www.dropbox.com/s/uvmv5gqlns...%2047.jpg?dl=0

I presume that effectively gives Mortimer a further 28 days to come up with the documents they need to enforce the alleged debt? At what point would this be to late for them?

Is now the time to start trying to negotiating a settlement in the way of a Tomlin Order and if so is there any advice (do's and don't) or online guidance within the forum to get me started? I'm conscious that I don't want to admit any liability by negotiating a Tomlin order so any pointers here would be appreciated.

Thanks in advance for your replies . . .

[Amethyst]

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

The letter does simply mean the court has received your defence and have sent it to the Claimants. The Claimants have 28 days to get back and tell the court if they want to carry on with the case, otherwise it is stayed. Sometimes the claimant will just discontinue, sometimes they will find the documents and proceed through to allocation, and sometimes (mostly) the case just gets stayed indefinately in the court - and they have to apply to lift the stay when they have the docs.

So really I'd wait for the 28 days to see if they intend to proceed before looking at negotiation.

[nemesis45]

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

@nemesis45 @Amethyst

Hello to you both, I was hoping you might be able to give me some more advice again? I filled my defence on Friday have received this today from the court;

https://www.dropbox.com/s/uvmv5gqlns...%2047.jpg?dl=0

I presume that effectively gives Mortimer a further 28 days to come up with the documents they need to enforce the alleged debt? At what point would this be to late for them?

Is now the time to start trying to negotiating a settlement in the way of a Tomlin Order and if so is there any advice (do's and don't) or online guidance within the forum to get me started? I'm conscious that I don't want to admit any liability by negotiating a Tomlin order so any pointers here would be appreciated.

Thanks in advance for your replies . . .

Hello H,
The claimant has 28 days to respond to your defence. 3 possibilities 1. They respond and continue the claim 2. They discontinue the claim 3, They do nothing and the court stays the claim indefinitely. The claimant must then pay a fee to lift the stay.

nme

[happyharry]

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

The letter does simply mean the court has received your defence and have sent it to the Claimants. The Claimants have 28 days to get back and tell the court if they want to carry on with the case, otherwise it is stayed. Sometimes the claimant will just discontinue, sometimes they will find the documents and proceed through to allocation, and sometimes (mostly) the case just gets stayed indefinately in the court - and they have to apply to lift the stay when they have the docs.

So really I'd wait for the 28 days to see if they intend to proceed before looking at negotiation.

[MENTION=6]Amethyst[/MENTION]

Thank you for the quick reply! I guess its a case of wait and see now then. Is the 28 days they now have from the date of my defence or the date of the court letter, I'm presuming the latter?

Thank you.

[happyharry]

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

Hello H,
The claimant has 28 days to respond to your defence. 3 possibilities 1. They respond and continue the claim 2. They discontinue the claim 3, They do nothing and the court stays the claim indefinitely. The claimant must then pay a fee to lift the stay.

nme

Hey Nem,

I hope your Son has/is recovering well?

Thanks for info . . . I suppose there is no way of knowing how this will go until the 28 days is up or if during that time they discontinue. I'll come back to you when I need to if that's ok? As always thanks for the help!

[nemesis45]

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

@Amethyst

Thank you for the quick reply! I guess its a case of wait and see now then. Is the 28 days they now have from the date of my defence or the date of the court letter, I'm presuming the latter?

Thank you.

The date the claimant receives your defence from the court.

nem

[happyharry]

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

The date the claimant receives your defence from the court.

nem

- - - Updated - - -



The date the claimant receives your defence from the court.

nem

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

Hope your both well ... Just wondering if I should be doing anything with this? I've heard nothing from Mortimer Clarke for weeks and nothing from court since the last letter from them acknowledging the defence. 28 days hasn't passed yet I know.

Is it a case of sitting tight and seeing what happens and if so do the court normally let you know if the claims been stayed?

[nemesis45]

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

@nemesis45 @Amethyst

Hope your both well ... Just wondering if I should be doing anything with this? I've heard nothing from Mortimer Clarke for weeks and nothing from court since the last letter from them acknowledging the defence. 28 days hasn't passed yet I know.

Is it a case of sitting tight and seeing what happens and if so do the court normally let you know if the claims been stayed?

Morning H.

The court will not inform you if the claim has been stayed, nor will the claimant, it's down to you to check if you don't get notice that the claimant has responded to your defence.

nem

[Amethyst]

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

Just a case of sitting on your hands for a little bit, if you hear nothing for about a week after the 28 days then I'd give the court a call and check if it is stayed.

[happyharry]

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

Just a case of sitting on your hands for a little bit, if you hear nothing for about a week after the 28 days then I'd give the court a call and check if it is stayed.

Thank you ... Will keep you updated