Mortimer Clarke Solicitors

[Parsodl]

Hi, I received a letter from Mortimer Clarke Solicitors today 23/06/16 (instructed by Cabot Financial (UK) Limited) stating they have been insructed to dart court proceedings against me.

I have no idea what the debt is in reference to, or who monies alleged owing.

I know I have been Statute barred for at least 9 years.

Do I have to acknowledge the letter via CCA and CPR request, or simply ignore the letter?

Any help/advise would be greatly apprecited.

Many thanks,

[nemesis45]

Re: Mortimer Clarke Solicitors

Hi, I received a letter from Mortimer Clarke Solicitors today 23/06/16 (instructed by Cabot Financial (UK) Limited) stating they have been insructed to dart court proceedings against me.

I have no idea what the debt is in reference to, or who monies alleged owing.

I know I have been Statute barred for at least 9 years.

Do I have to acknowledge the letter via CCA and CPR request, or simply ignore the letter?

Any help/advise would be greatly apprecited.

Many thanks,

Good evening, welcome to LB,

Can you please post a copy of the solicitor letter after removing all identifying matter.

What is the debt and how much is claimed?

What you have received is I think a letter before action ignoring it is not an option. It is not a court claim form.

CCA request is first asap use a PO for £1 marked " For Statutory Fee Only" there is a template in the Green Box above.
CPR 31.14 request can be sent when a claim is issued.
It's more than likely MC will issue a claim even before you have replied.

nem

[Parsodl]

Re: Mortimer Clarke Solicitors

Hi, Please find attached images as requested. Sorry about the picture the shadow.

The debt amount is £9431.36

Where is the green box situated for the CCA request? I could not identify it on desktop or mobile....

Thanks again.

[Guest]

Re: Mortimer Clarke Solicitors

Hi, Please find attached images as requested. Sorry about the picture the shadow.

The debt amount is £9431.36

Where is the green box situated for the CCA request? I could not identify it on desktop or mobile....

Thanks again.

That's because it's not actually at the top of this particular forum, here you go: http://legalbeagles.info/forums/show...y-of-Agreement

Rather than fill in their income and expenditure form, you should be sending a response based on the protocols. Some examples have been previously posted on here, I'll take a look and link you to one.

[Parsodl]

Re: Mortimer Clarke Solicitors

Thank-you.

I have access to the CCA form, manages to locate it from my desktop.

Many thanks for your help again 👍🏼

[Guest]

Re: Mortimer Clarke Solicitors

Thank-you.

I have access to the CCA form, manages to locate it from my desktop.

Many thanks for your help again 

That's fine but just one thing to send, you also need to respond to that letter before action, I've found a response on another thread:

Dear Sirs

Ref: xxxx

Thank you for your letter dated 21/06/2016. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.

I require copies of the following:

• The original credit agreement;
• The Default Notice
• The Notice of Assignment;
• Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77 on [DATE YOU SENT THE CCA REQUEST] and I am awaiting a response.

I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,

I don't know what the Funding Corporation is, if this was a loan rather than a credit card you'd quote s.77 rather than s.78 on both the letter and the CCA request.

- - - Updated - - -

I know I have been Statute barred for at least 9 years.

Are you saying you've not made a payment since 2001? When did you default?

[Parsodl]

Re: Mortimer Clarke Solicitors

Thanks for the info, I'll post the letters today.

No payments, acknowledgements etc.. have been made since 2007, at the very latest, it possible it was earlier than this, around a decade ago. Have I miss understood the duration of Statue barred?

I thought being Statue barred, no monies could be claimed?

I myself have no idea who the funding corporation are.

Many thanks,

[charitynjw]

Re: Mortimer Clarke Solicitors

Thanks for the info, I'll post the letters today.

No payments, acknowledgements etc.. have been made since 2007, at the very latest, it possible it was earlier than this, around a decade ago. Have I miss understood the duration of Statue barred?

I thought being Statue barred, no monies could be claimed?

I myself have no idea who the funding corporation are.

Many thanks,

Part of the IM group.

They usually arrange finance for cars.

Is it for an HP agreement,or is it a Bill of Sale/credit agreement?

[Parsodl]

Re: Mortimer Clarke Solicitors

Thanks.... Had several credit agreements for vehicles over the years. Currently have 2 agreements in place and no adverse credit on my history report, or missed payments in the last 6 years.

Can they enforce a court proceedings?

[charitynjw]

Re: Mortimer Clarke Solicitors

Thanks.... Had several credit agreements for vehicles over the years. Currently have 2 agreements in place and no adverse credit on my history report, or missed payments in the last 6 years.

Can they enforce a court proceedings?

If it were me, I would not acknowledge any alleged debt at this stage. (Completing/returning the I&E, etc, may be considered an admission of liability).

There would be no harm in responding with a short letter, referring to their recent one & to your previous request via the CPR PAP, asking them to comply pdq.

Did you get proof of postage?

[Guest]

Re: Mortimer Clarke Solicitors

Thanks for the info, I'll post the letters today.

No payments, acknowledgements etc.. have been made since 2007, at the very latest, it possible it was earlier than this, around a decade ago. Have I miss understood the duration of Statue barred?

I thought being Statue barred, no monies could be claimed?

There has to be a clear six year period without any payments or written acknowledgment. I asked because you said it would have been SBd nine years ago, for that to happen, your last payment or written acknowledgment would have to be in 2001. If you've not paid or acknowledged since 2007, then it should be statute barred.

Moneys can still be claimed but SBd is an absolute defence if a claim is issued. Neither the creditors nor the courts keep a record of debts that are SBd, so you'd need to make the point. It's always good to be very clear about it, so many people submit SBd defences and then find out it isn't.

- - - Updated - - -

If it were me, I would not acknowledge any alleged debt at this stage. (Completing/returning the I&E, etc, may be considered an admission of liability).

There would be no harm in responding with a short letter, referring to their recent one & to your previous request via the CPR PAP, asking them to comply pdq.

Did you get proof of postage?

The CPR PAP letter was only posted this morning.

I agree that completing an I&E would be considered an admission/acknowledgment, although if the debt is already SBd, then nothing can change that, not even a payment. I'd rather not risk it though.

[charitynjw]

Re: Mortimer Clarke Solicitors

[QUOTE=freshfield;657795] Updated - - -
The CPR PAP letter was only posted this morning.
[/QUOTE}

Lol
Equity aids the vigilant!

[Guest]

Re: Mortimer Clarke Solicitors

[QUOTE=charitynjw;657798]

Updated - - -
The CPR PAP letter was only posted this morning.
[/QUOTE}

Lol
Equity aids the vigilant!

You sure know your maxims!

[Parsodl]

Re: Mortimer Clarke Solicitors

Thanks for the advice.

I will issue the letters tomorrow, along with the proof of postage. No I&E form will be completed or returned.

Sorry if I miss-understood the SB duration. No payments or acknowledgements have been made (at the very latest) since 2007.

Once I receive my response, I will submit here 👍🏼

[Parsodl]

Re: Mortimer Clarke Solicitors

Hi,

Please find attached response from the Funding Corporation, received 1st July.

The statement confirms the payment was a write-off on 27/03/2007.

What are my next steps when MCS reply?

Many thanks,