Letter before claim query

[Maelstrom70]

Re: Letter before claim query

one last thing I just remembered, before leaving work, if they (Cabot/Marlin/Mortimer Clarke) fail in this and it is not enforceable, is that the end of the matter or can someone else buy the debt and get the correct paperwork & follow all the correct procedures and I'd be back to square one? or does it become permanently unenforceable if tried once and failed once. Apologies for my ignorance in these matters.

[Diana M]

Re: Letter before claim query

If I also post the details of the claim online tonight, that is it covered for the moment?

Yes.

Your next homework task will be to send Mortimer Clarke a CPR 31.14 Request for documents once it's clear what they have pleaded in their POC.

Di

[Diana M]

Re: Letter before claim query

if they (Cabot/Marlin/Mortimer Clarke) fail in this and it is not enforceable, is that the end of the matter or can someone else buy the debt and get the correct paperwork & follow all the correct procedures and I'd be back to square one? or does it become permanently unenforceable if tried once and failed once.

Cross that bridge when/if you get to it.

These proceedings will take around nine months to complete (from allocation in about two months' time to Trial) or even longer if there are any legal interruptions such as court Applications made by either party.

Here's an idea of what lies ahead of you during the coming year >

https://www.justice.gov.uk/courts/pr...l/rules/part29

and/or here > https://www.justice.gov.uk/courts/pr...rt28/pd_part28

Di

[Maelstrom70]

Re: Letter before claim query

Good Evening all,
I have now acknowledged and selected 'defend all of the claim' on MCOL and submitted that.

So for the next step, I'm not sure what you need to see regarding the claim but the 'particulars' are listed thus:

"By an agreement between Northern Rock (Asset Management ) PLC and the defendant on or around 14/02/2007 ('the Agreement') Northern Rock (Asset Management) PLC agreed to loan the defendant monies. The defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS xxxxxxx (APPROX 26K).

Just to note the Agreement hasn't been assigned directly to the claimant, I think from memory at least two companies have had this before Cabot/Marlin. not sure if that's pertinent. Also the Date of 14/2/07, I think that was previously mentioned as possibly important?
so, what now guys. What forms the CPR 31.14 Request for documents based on the above paragraph?

Thanks again.

[Maelstrom70]

Re: Letter before claim query

Oh I forgot to add apologies. The address for the claim form was :

County Court Business Centre
4th Floor St Katherine's House
21-27 St Katherine's Street
Northampton
NN1 2LH

Thanks again

[Diana M]

Re: Letter before claim query

regarding the claim but the 'particulars' are listed thus:

"By an agreement between Northern Rock (Asset Management ) PLC and the defendant on or around 14/02/2007 ('the Agreement') Northern Rock (Asset Management) PLC agreed to loan the defendant monies.

That's interesting.

Do the POC actually say you took out a loan with Northern Rock Asset Management plc?

Good to see you (apparently) took out this loan in February 2007

Di

[Diana M]

Re: Letter before claim query

Just to note the Agreement hasn't been assigned directly to the claimant, I think from memory at least two companies have had this before Cabot/Marlin. not sure if that's pertinent.

That may be pertinent.

Tell me more about the two possible previous 'owners' or are you mixing up DCAs (Debt Collection Agencies acting as agents to collect the debt on behalf of the original creditor) with debt purchasers who are assigned the debt (i.e. buy it from the original creditor)?

Easily done.

Di

[Maelstrom70]

Re: Letter before claim query

That is all the text exactly as it was written in the particulars of claim. There wasn't anything else. I also thought the wording a little odd.

Thanks again for all the help and the two links outlining the whole year's worth of process. A bit daunting but better to know what's involved definitely.

[Maelstrom70]

Re: Letter before claim query

Ah I'm not sure now you've said that. I think Mackenzie Hall was one company, but I can't remember the other. I've looked and looked for all of my paperwork on this but I've moved house quite a bit throughout the last years and I think I've mislaid the details for good. From 2013 to 2016 I heard nothing about this debt so I guess I wasn't as careful as I should have been with the correspondence. I'll have to learn from that one sadly.

[Maelstrom70]

Re: Letter before claim query

Hi all, just wondering how to compose the CPR 31.14 Request for documents to Mortimer Clarke based on the Particulars of the Claim. Any advice is most welcome.
Thanks

[Diana M]

Re: Letter before claim query

I've replied to your PM

Di