Mortimer Clarke Court Action. How much to pay to settle is enough?

[AnOhNo1414]

I have been served claim against an historic debt but payments of £1 were made last date in 2019. They have sent claim forms after I failed to complete the pre action letter information. Claim amount now £6000. I have limited money but a friend and a family member can lend some total being £2800. Has anyone experience trying to settle before the CCJ happens? Is this amount going to be enough. The alternative is years of instalments or bailiffs taking my things. I don't own a car or anything extravagant. Please advise. I have acknowledged the claim and ticked defend all to buy a little time. I have also asked for proof of the debt signed paperwork as this debt defaulted in 2008 and has been sold on several times I think. But I have made payments so they can pursue court action.But I am trying to pay it before it gets to court.

[echat11]

Hi Anonhn01414

As a claim has been issued it is pointless settling at this point.

What you need to do is deal with the claim, you have an opportunity to make 'without Predjudice' offers (mediation as well). You are a long way off a CCJ at this moment in time. You need to act swiftly, you need to defend the whole claim online via MCOL, concentrate on that first and foremost. Copy and paste the questions / your answers without personal details on to this thread from the link.

Follow these steps - https://legalbeagles.info/library/gu...y-court-claim/

[AnOhNo1414]

Received a claim? Yes/:
Issue Date: 10th February 23
Have you Acknowledged the Claim?:Yes
Total Amount Claimed : 5000
Claimant’s Name:Marlin Europe
Solicitors Firm: Mortimer Clarke
Original Creditor: HSBC
Original Debt 7000
Particulars of Claim: Payment defaulted in 2008. Reduced payment made up until 2019 when my ex closed the bank account and didn't give me details of what was being paid.
Is the debt Statute Barred: No they have proof that it was being paid £1 a month up until 2019.
List any letters you have sent :None
Any Other Information or Background Details:
I have scraped together £2700 but Mortimer Clarke said I would need to pay the full claim before I had this money to offer. What if any defence can I put on my defence forms or how would I go about trying to settle before it becomes a CCJ?

[echat11]

Also Particulars of Claim means what the claim form says, not a summary of what has happened, that goes in 'Any Other Information'.

Things you need to do after acknowledgement of claim is, (links on the right hand side):

1) Request a copy of CCA, make sure you get Proof of Postage.

2) Request a copy of the documents Mortimer is using to make the claim, send a CPR 31.14 request, make sure you get Proof of Postage.

3) Send a Subject Access Request, to the original creditor. make sure you get Proof of Postage.

You have 28 days plus 5 days to file your defence, work out the date, see what info they send from your requests, then we can help with your defence.