ME111 mortimer solicitor letter

[drovers]

I have a claim form with a county court stamp from ME111 as claimant refering to a credit card issued 08/07/1999. In breach of the agreement the defendent failed to make minimum payment due and the agreement was terminated. The agreement was assigned to the claimant on 20/08/2010.
THE CLAIMANT THEREFORE CLAIMS: 2455.36
Interest pursuant to section 69 of the county court act 1984, namely 857.35 & continuing until judgment or sooner payment at the rate of 0.54.

I left the UK in 2007 and returned in 2012 and have had no contact from anybody during that time.

What should I do? Should I fill in the dispute section of the claim form?

[FlamingParrot]

Re: ME111 mortimer solicitor letter

I have a claim form with a county court stamp from ME111 as claimant refering to a credit card issued 08/07/1999. In breach of the agreement the defendent failed to make minimum payment due and the agreement was terminated. The agreement was assigned to the claimant on 20/08/2010.
THE CLAIMANT THEREFORE CLAIMS: 2455.36
Interest pursuant to section 69 of the county court act 1984, namely 857.35 & continuing until judgment or sooner payment at the rate of 0.54.

I left the UK in 2007 and returned in 2012 and have had no contact from anybody during that time.

What should I do? Should I fill in the dispute section of the claim form?

Welcome to LB
Your first step should be to acknowledge service which you can do online. :typing: State your intention to defend the claim in full. You have 14 days from date on claim (+ 5 for service) to acknowledge, then a further 14 to submit a defence.

Normally people would send a CCA request to the account owner (Marlin Europe) and a CPR request to the solicitors (presumably Mortimer Clarke) as noted here: http://www.legalbeagles.info/forums/...it-Court-Claim

Having said that, if no payments of written acknowledgment have been made since 2007, the account would be statue barred and you could just use that in your defence. :thumb:

[drovers]

Re: ME111 mortimer solicitor letter

Welcome to LB
Your first step should be to acknowledge service which you can do online. :typing: State your intention to defend the claim in full. You have 14 days from date on claim (+ 5 for service) to acknowledge, then a further 14 to submit a defence.

Normally people would send a CCA request to the account owner (Marlin Europe) and a CPR request to the solicitors (presumably Mortimer Clarke) as noted here: http://www.legalbeagles.info/forums/...it-Court-Claim

Having said that, if no payments of written acknowledgment have been made since 2007, the account would be statue barred and you could just use that in your defence. :thumb:

Thankyou for the welcome and your swift response :thumb::thumb:

With my limited knowledge I would think that statue barred due to no contact for 7 years, but how do I word that in my defence/ response? Do I need to use any quotes or any thing.

thanks again.

[FlamingParrot]

Re: ME111 mortimer solicitor letter

Thankyou for the welcome and your swift response :thumb::thumb:

With my limited knowledge I would think that statue barred due to no contact for 7 years, but how do I word that in my defence/ response? Do I need to use any quotes or any thing.

thanks again.

You'd just submit the following as your defence:

The claimant’s claim was issued on the [DATE ON CLAIM FORM].

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of £2455.36 or any other sum, or relief of any kind is denied.

If you're positive there's been no acknowledgment or payments, you can submit the SBd defence straight away. :ranger:

[drovers]

Re: ME111 mortimer solicitor letter

On the claim form issued by ME111, particulars of claim it states that- The agreement was assigned to the claimant on 20/08/2010. They may of made an agreement between themselves but I have not seen or had any correspondence since 2007.

[drovers]

Re: ME111 mortimer solicitor letter

As they are claiming the agreement was asigned on 20/08/2010 can I still claim statue barred? as 6 years are not up from then?

[FlamingParrot]

Re: ME111 mortimer solicitor letter

On the claim form issued by ME111, particulars of claim it states that- The agreement was assigned to the claimant on 20/08/2010. They may of made an agreement between themselves but I have not seen or had any correspondence since 2007.

As they are claiming the agreement was asigned on 20/08/2010 can I still claim statue barred? as 6 years are not up from then?

Statute barred is 6 years without payments or written acknowledgment, assignment doesn't make any difference since it's a transaction that doesn't involve you at all. :thumb:

[drovers]

Re: ME111 mortimer solicitor letter

Statute barred is 6 years without payments or written acknowledgment, assignment doesn't make any difference since it's a transaction that doesn't involve you at all. :thumb:

I have received notice from Mortimer Clarke solicitors claiming I did not complete the signature or name boxes and therefore my defence contains no truth.

they are also claiming the 6 year limitation period runs from the latest date on which;
a payment was made
the agreement was terminated
or I acknowledged the debt in writing.

in this case they claim the agreement was terminated on 18th January 2010 and is not statue barred.

what can I reply for this? Is it correct?

[drovers]

Re: ME111 mortimer solicitor letter

Also can I reply by email to their info email address? Would this count as signed or do I have to do it in writing?

many thanks for all help

[Amethyst]

Re: ME111 mortimer solicitor letter

Did Mortimer Clarke sign their claim form as a person or as Mortimer Clarke ?.... ie. two can play at that game - see CPR PART 22. I'd be tempted to mention that in response to them.

But yes you should have signed your defence. Why didn't you? Did you submit it online and via the claim pack forms?

Anyway yes sign it with the statement of truth and send a replacement copy to both Mortimer Clarke and the Court. Give the court a buzz and say you realise you forgot to sign the defence and is it ok just to sign it and send it over.

[drovers]

Re: ME111 mortimer solicitor letter

It has a printed Mortimer Clarke style hand written signature.

as far as I am aware I did sign it, maybe it needed 2 signatures, shouldn't they of sent it back? How do I get another copy to sign?

[Amethyst]

Re: ME111 mortimer solicitor letter

Give the court a call and ask them if your defence is signed as the claimant is saying it isn't and what you should do about it if not.

[drovers]

Re: ME111 mortimer solicitor letter

Many thanks Amethyst and flaming parrot, I have called the court and asked them to return the original or send me a copy so I can check what is missing.
i will update when I receive it and future outcome, hopefully positively

[drovers]

Re: ME111 mortimer solicitor letter

The latest response from Mortimer Clarke.

We note your assertion that limitation runs from the date the agreement is terminated, We would respectfully disagree. The case of BMW Financial services (gb) ltd v hart (2012) EWCA civ 1959is authority for this point. In that case it was held that the limitation period runs from the date of service of the termination notice or creditors acceptance of debtors repudiation of the contract.The creditor accepts the debtors repudiation of the contract by terminating the agreement. The limitation can therefore run from the date of termination of the contract.
If you disagree would you please provide us with the legal basis for your dispute.
The only issue raised in your defence was limitation. If you still believe the claim is statute barred kindly advise us accordingly, giving us the date you believe limitation runs from and the legal basis for this.

SO, if anyone can please advise me what to do I would be most gracious.

Thanks for reading.

Drovers.

[drovers]

Re: ME111 mortimer solicitor letter

Can anyone help me with this please? I was led to believe I could claim statue barred but mortimer clarke are saying this is not the case.