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

[happyharry]

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

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

Quick update for you both. Called the court today and they advised that the 28 days had now expired. They didn't confirm its stayed, he told me to call again next week but he said it is very likely to be. Mortimer Clarke haven't responded to my defence.

The question I have is what does stayed actually mean and is there anything else I should be doing now? Is this a good result or does it really mean nothing has changed?

Thanking you both in advance.

[nemesis45]

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

happyharry[/FONT];633103]@Amethyst @nemesis45

Quick update for you both. Called the court today and they advised that the 28 days had now expired. They didn't confirm its stayed, he told me to call again next week but he said it is very likely to be. Mortimer Clarke haven't responded to my defence.

The question I have is what does stayed actually mean and is there anything else I should be doing now? Is this a good result or does it really mean nothing has changed?

Thanking you both in advance.

Hello H,

There is a backlog of a few days in the system check Mon/Tues next week.

nem

[happyharry]

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

Hello H,

There is a backlog of a few days in the system check Mon/Tues next week.

nem

@nemesis45

Hi Nem,

I trust this finds you well. Quick update for you.

I've spoken with the court, and the claim has been stayed. My understanding is that this means they will have to apply to have the stay lifted to continue the claim?

I'm trying gauge what my options are now? My understanding is that until they find the correct paperwork they can't enforce the debt? But regarding this becoming stature barred, the clock has now been reset?

In an ideal world I would like to pay this off, or at least, start making payments towards it. I haven't a lot of surplus income so was hoping to negotiate the balance payable down and then make a monthly offer of payment secured via a Tomlin order as its crucial I don't have a CCJ on my record as id loose my job. Not sure how to go about this really?

If you can offer any advice or suggestions id really appreciate it. If @Amethyst has any input that would also be helpful.

Many thanks in advance.

[nemesis45]

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

@nemesis45

Hi Nem,

I trust this finds you well. Quick update for you.

I've spoken with the court, and the claim has been stayed. My understanding is that this means they will have to apply to have the stay lifted to continue the claim?

I'm trying gauge what my options are now? My understanding is that until they find the correct paperwork they can't enforce the debt? But regarding this becoming stature barred, the clock has now been reset?

In an ideal world I would like to pay this off, or at least, start making payments towards it. I haven't a lot of surplus income so was hoping to negotiate the balance payable down and then make a monthly offer of payment secured via a Tomlin order as its crucial I don't have a CCJ on my record as id loose my job. Not sure how to go about this really?

If you can offer any advice or suggestions id really appreciate it. If @Amethyst has any input that would also be helpful.

Many thanks in advance.

Hello H,

As to the stay you can now apply to the court to have the claim struck out and seek the cost of doing so from the claimant at the moment the claim is just stayed and can be restarted after paying a fee, so it's not dead and buried yet.
Offering payment at this stage with the claimant being part of the Cabot group may well not achieve the result you hope for, personally would wait a week or so then invite them to discontinue/withdraw the claim.

nem

[happyharry]

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

Hello Jay,

As to the stay you can now apply to the court to have the claim struck out and seek the cost of doing so from the claimant at the moment the claim is just stayed and can be restarted after paying a fee, so it's not dead and buried yet.
Offering payment at this stage with the claimant being part of the Cabot group may well not achieve the result you hope for, personally would wait a week or so then invite them to discontinue/withdraw the claim.

nem

[MENTION=55034]nemesis45[/MENTION]

Hi Nem,

Thank you for coming back to me.

When you say invite them to discontinue or withdraw the claim would I do that in writing in say a weeks time? Are there any templates for this, hows best to word/write the letter?

If they did withdraw would this be the end of the matter? Can they re-apply for a CCJ etc?

When you say ''Offering payment at this stage with the claimant being part of the Cabot group may well not achieve the result you hope for'', does that mean they aren't likely to agree to a Tomlin or the elements i mentioned, I.E a reduced settlement etc? Could you elaborate more on this. For what it's worth, I don't own my own home, I have no assets or savings and I have a modest income with very little left over each month. I would also loose my job should I get a CCJ so it would seem stupid to try and secure a CCJ if that's what your implying they are likely to do.

I'm really appreciative of your advice up to now, it's been invaluable.

Thanks.

[nemesis45]

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

@nemesis45

Hi Nem,

Thank you for coming back to me.

When you say invite them to discontinue or withdraw the claim would I do that in writing in say a weeks time? Are there any templates for this, hows best to word/write the letter?

If they did withdraw would this be the end of the matter? Can they re-apply for a CCJ etc?

When you say ''Offering payment at this stage with the claimant being part of the Cabot group may well not achieve the result you hope for'', does that mean they aren't likely to agree to a Tomlin or the elements i mentioned, I.E a reduced settlement etc? Could you elaborate more on this. For what it's worth, I don't own my own home, I have no assets or savings and I have a modest income with very little left over each month. I would also loose my job should I get a CCJ so it would seem stupid to try and secure a CCJ if that's what your implying they are likely to do.

I'm really appreciative of your advice up to now, it's been invaluable.

Thanks.

I would write to Kenneth Stannard Director of Mortimer Clarke ( also CEO of the Cabot Financial Management group of companies.

Something like this.

Date:...........................:

Ref: County Court Claim No.............................:
Hillesden Securities Ltd T/A dlc. Claimant.
Your name Defendant:

Dear Mr Stannard,

I refer you to the above mentioned claim issued by Mortimer Clarke on behalf of Hillesden Securities Ltd T/A dlc the court has stayed this claim as Mortimer Clarke/ Hillesden failed to respond to my defence,
presumably because they were not/ are not in possession of the proper documents that it intended to rely upon in court.

I would suggest now that Hillesden Securities discontinues the claim in the interest of saving costs and court time as there is little likely hood of the required documents being available.

In regard to the alleged debt which is the subject of this claim I do not acknowledge any liability to Hillesden or any other company within the Cabot Group.

Should this matter not be settled as stated above I shall make an application to the court for the claim to be struck out and I will expect Hillesden to bear the cost of the application.

Yours etc.

If you take this approach send by signed for post check delivery date and signature.

nem

[happyharry]

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

I would write to Kenneth Stannard Director of Mortimer Clarke ( also CEO of the Cabot Financial Management group of companies.

Something like this.

Date:...........................:

Ref: County Court Claim No.............................:
Hillesden Securities Ltd T/A dlc. Claimant.
Your name Defendant:

Dear Mr Stannard,

I refer you to the above mentioned claim issued by Mortimer Clarke on behalf of Hillesden Securities Ltd T/A dlc the court has stayed this claim as Mortimer Clarke/ Hillesden failed to respond to my defence,
presumably because they were not/ are not in possession of the proper documents that it intended to rely upon in court.

I would suggest now that Hillesden Securities discontinues the claim in the interest of saving costs and court time as there is little likely hood of the required documents being available.

In regard to the alleged debt which is the subject of this claim I do not acknowledge any liability to Hillesden or any other company within the Cabot Group.

Should this matter not be settled as stated above I shall make an application to the court for the claim to be struck out and I will expect Hillesden to bear the cost of the application.

Yours etc.

If you take this approach send by signed for post check delivery date and signature.

nem

[MENTION=55034]nemesis45[/MENTION]

Thanks for this, I thought it would go something like that.

I'll get a letter sent out next week and see what they respond with. Will come back to you in due course.

As always thanks for the info.

[happyharry]

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

Hi [MENTION=55034]nemesis45[/MENTION]

I sent a letter recorded delivery (content below). It was sent on the 13th April 2016 and signed for on the 14th April 2016. To date I have received no response, so I am now wondering what course of action you would suggest?

Mr Ken Stannard
dlc
Buckingham Road
Brackley
Northamptonshire
NN13 7DN

13^th April 2016

REF: County Court Claim : XXXXXXXX
Hillesden Securities T/A dlc – Claimant
Mr XXXXXXX – Defendant

Dear Mr Stannard,

I refer you to the claim mentioned above issued by Mortimer Clarke on behalf of Hillesden Securities T/A dlc. The court has stayed this claim as Mortimer Clarke/Hillesden has failed to respond to my defence. Presumably, because they were not or are not in possession of the proper documents needed to rely upon in court.

I would suggest now that Hillesden Securities discontinues the claim in the interest of saving costs and court time as there is little likely hood of the required documents being available.

Concerning the alleged debt which is the subject of this claim, I do not acknowledge any liability to Hillesden or any other company within the Cabot Group.

Should this matter not be settled as stated above I shall make an application to the court for the claim to be struck out and I will expect Hillesden to the bear the cost of such application.

Yours sincerely

I would write to Kenneth Stannard Director of Mortimer Clarke ( also CEO of the Cabot Financial Management group of companies.

Something like this.

Date:...........................:

Ref: County Court Claim No.............................:
Hillesden Securities Ltd T/A dlc. Claimant.
Your name Defendant:

Dear Mr Stannard,

I refer you to the above mentioned claim issued by Mortimer Clarke on behalf of Hillesden Securities Ltd T/A dlc the court has stayed this claim as Mortimer Clarke/ Hillesden failed to respond to my defence,
presumably because they were not/ are not in possession of the proper documents that it intended to rely upon in court.

I would suggest now that Hillesden Securities discontinues the claim in the interest of saving costs and court time as there is little likely hood of the required documents being available.

In regard to the alleged debt which is the subject of this claim I do not acknowledge any liability to Hillesden or any other company within the Cabot Group.

Should this matter not be settled as stated above I shall make an application to the court for the claim to be struck out and I will expect Hillesden to bear the cost of the application.

Yours etc.

If you take this approach send by signed for post check delivery date and signature.

nem

[nemesis45]

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

It's only 7 calendar days Jay, they will be trying to find away to continue no doubt 2 -3 weeks more likely for resonse.

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION]

Thanks for the prompt reply. SO your advice would be to sit tight for another 2-3 weeks? Is this a normal tactic of theirs? Do I need to do anything else during this time?

[nemesis45]

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

@nemesis45

Thanks for the prompt reply. SO your advice would be to sit tight for another 2-3 weeks? Is this a normal tactic of theirs? Do I need to do anything else during this time?

No., not unless the claimant pays the fee to lift the claim.

nem

[happyharry]

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

[MENTION=55034]nemesis45[/MENTION]

Understood, I think at that stage I'd be coming back to you for 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

No., not unless the claimant pays the fee to lift the claim.

nem

[nemesis45]

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

@nemesis45

Understood, I think at that stage I'd be coming back to you for 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

If they give up due to lack of evidence as above all good if they decide to carry on the a Tomlin order can be suggested, but don't make any offers off the cuff.

nem

[happyharry]

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

@nemesis45

Hi Nem

Had a reply back albeit 3 weeks late in response to my letter asking them to withdraw the claim or I will seek to have it struck out ...

Basicaly it says they will chase MBNA for the documentation requested and come back to me in two weeks. They said their sorry for the concern it must be causing etc. It also said they weren't sure why it the claim had been stayed as they don't hold any details but conceded it may be for reasons I mentioned in my letter.

What do you suggest ? Sit tight or apply for it to be struck out?

As as always any advice is appreciate .

H

If they give up due to lack of evidence as above all good if they decide to carry on the a Tomlin order can be suggested, but don't make any offers off the cuff.

nem

[nemesis45]

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

@nemesis45

Hi Nem

Had a reply back albeit 3 weeks late in response to my letter asking them to withdraw the claim or I will seek to have it struck out ...

Basicaly it says they will chase MBNA for the documentation requested and come back to me in two weeks. They said their sorry for the concern it must be causing etc. It also said they weren't sure why it the claim had been stayed as they don't hold any details but conceded it may be for reasons I mentioned in my letter.

What do you suggest ? Sit tight or apply for it to be struck out?

As as always any advice is appreciate .

H

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