Mortimer Clarke Solicitors

[Amethyst]

Re: Mortimer Clarke Solicitors

If you have had no other contact regarding this debt since 2007 ( actually looks like last payment was in 2003) then it will be statute barred, so when MCS respond to your response to the LBA, you can write back to them and tell them the debt is statute barred under the Limitation Act 1980.

[Parsodl]

Re: Mortimer Clarke Solicitors

Thank you for the reply and information. Is there a template available for the SB, or do I simply reply with limitation act 1980?

👍🏼

[Parsodl]

Re: Mortimer Clarke Solicitors

Afternoon, Please find attached reply from MCS.

Am I required to do anything until I hear a response?

Many thanks,

[Diana M]

Re: Mortimer Clarke Solicitors

They've said the matter is on hold and no further action will be taken while they wait for the paperwork from their client.

They've backtracked from their previous threatening letter to say that they only do what their client instructs them to do in a "it wasn't me it was him" kind of way.

I've known some people who are still waiting for a creditor or solicitor to come up with the paperwork years after receiving a letter like that. I see no harm in letting them chase their tails for a bit before telling them the debt is SB.

Post up when you hear back from them.

Di

[nemesis45]

Re: Mortimer Clarke Solicitors

Afternoon, Please find attached reply from MCS.

Am I required to do anything until I hear a response?

Many thanks,

Remember that MC has not agreed to form extension of time, their "on hold" means absolutely nothing in the matter of court processes so you must comply with any documents sent by the court.


nem

[Diana M]

Re: Mortimer Clarke Solicitors

Has a claim been issued?

Di

[nemesis45]

Re: Mortimer Clarke Solicitors

Has a claim been issued?

Di

This Cabot /Mortimer Clarke " on hold" as proved in the past just a ploy to get a claim issued often nothing more comes back by way of response other than a claim.

|I may have worded my last response badly.

nem

[Parsodl]

Re: Mortimer Clarke Solicitors

Thanks nem.

Do I simply wait for a response from MCS, if any forthcoming? Or do I need to action anything myself in the meantime?

Will MCS attempt any further legal action, or can they not take this any further without providing evidence?

Many thanks,

[nemesis45]

Re: Mortimer Clarke Solicitors

Thanks nem.

Do I simply wait for a response from MCS, if any forthcoming? Or do I need to action anything myself in the meantime?

Will MCS attempt any further legal action, or can they not take this any further without providing evidence?

Many thanks,

As Mortimer Clarke is a wholly owned member of the Cabot Group ( same directors ) they are very unpredictable one cannot relay on their pronouncements regarding on holds and obtaining documents.

nem

[Parsodl]

Re: Mortimer Clarke Solicitors

Hi Nem,

Do you see my previous e-mail when the debt was written off? (2007) legally can the claim anything, or is the debt now SB?

Thanks,

[nemesis45]

Re: Mortimer Clarke Solicitors

Hi Nem,

Do you see my previous e-mail when the debt was written off? (2007) legally can the claim anything, or is the debt now SB?

Thanks,

Hi,

A debt will be " written off" the original creditors books when it's sold to debt purchaser is that what you mean?

Statute Barred in England Wales ( the relevant 6 year period starting point varies with the type of account/agreement) 6 years (5 in Scotland) with no payments and/or written acknowledgment of the debt.

nem

[Guest]

Re: Mortimer Clarke Solicitors

Do you know when the original debt was sold on?

As has been said before, if it is 2007 since any payment or acknowledgement was made , any defence (should a claim arrive) can start with Statute barred . In addition, if a claim does arrive you will need to send a cca request and a CPR request which will give you more ammunition to fight them with

[Parsodl]

Re: Mortimer Clarke Solicitors

The debt was written-off in 2007 (see previous email)

No payments or acknowledgements have been made since 2005.

Thanks.

[charitynjw]

Re: Mortimer Clarke Solicitors

The debt was written-off in 2007 (see previous email)

No payments or acknowledgements have been made since 2005.

Thanks.

Out of interest, have you checked with any Credit Reference Agencies to see if there is a default listing?

[Parsodl]

Re: Mortimer Clarke Solicitors

Hi,

My credit file is clear.... No defaults or debt is showing....

Thnsks,