Monthly payments affordable

[barlos1973]

Further I don't know if it's relevant, but when we asked for the Cca it was sometime in December 2017 and gave them 14 days to respond. We received a letter within 14 days, which just stated they would look into the matter and asking why we wanted this information etc.
However heard nothing until June 2020 when out of nowhere they have sent us a copy of the Cca.
But no DN

[echat11]

Don't speak to them over the phone.

a) The issue date of the court papers are 26th April and papers received 28th April. Sorry got the month mixed up.
I will be logging on MCOL tonight after work.

Good, make sure you Acknowledge of Service, gives you more time to lodge your Defence with the Court.

b) Thus far I get a feeling they do not have a copy of DN. I have asked them on the phone and the person was very vague stating that it's been a long time and companies don't keep all records.

That's good.

c) Can we have an extension for the court in order for the DC to provide this. What happens if they don't provide before court hearing/date.

It helps your case, but missing Default Notices are so, so with the Judges / Courts. There's no point in asking for a extension.

[barlos1973]

Sorry ECHATT 11 bit confused. Are you advising that some judges won't care about DN and some do. How can that be? Surely there must be some consistency in the application of rules.

[echat11]

Sorry ECHATT 11 bit confused. Are you advising that some judges won't care about DN and some do. How can that be? Surely there must be some consistency in the application of rules.

If the Creditor has provided sufficient proof that a DN was sent, then that has been accepted by the Courts (in some cases). .

[MIKE770]

do NOT speak to Mortimer Clarke or mention their failures (Pity you tried) hopefully they cannot find the documents ., you have made them ware hope the desk jockey who was rude fails to respond.

[echat11]

The plus is that the loan was taken out in 2007.

[MIKE770]

The plus is that the loan was taken out in 2007.

yes good point

[barlos1973]

Thank you for all the advice. Greatly appreciated. Will definitely not contact Mortimer again other than make a formal request for copy of CCA and DN evidence.

I can see everyone is saying its a positive for us that the loan was taken out on 2007. Could I ask why that is please.

Thank you

[DE DOGS]

Thank you for all the advice. Greatly appreciated. Will definitely not contact Mortimer again other than make a formal request for copy of CCA and DN evidence.

I can see everyone is saying its a positive for us that the loan was taken out on 2007. Could I ask why that is please.

Thank you

Mike 770 told you
do NOT speak to Mortimer Clarke or mention their failures (Pity you tried) hopefully, they cannot find the documents ., you have made them ware hope the desk jockey who was rude fails to respond.

[barlos1973]

Mike 770 told you
do NOT speak to Mortimer Clarke or mention their failures (Pity you tried) hopefully, they cannot find the documents ., you have made them ware hope the desk jockey who was rude fails to respond.

Hi,
How do I request or find out if they have DN if you advice not to contact Mortimer Clarke? Do I just respond to the claim via MCOL as part of my defence stating that I have not received DN?

[barlos1973]

Acknowledge of Service online via MCOL.

See what documents they send after you make the requests (do they comply?), update the thread so help can provided with your defence. You need to get your Defence in before that date, so that 14 + 14 days from the date on the claim form (5 days postal) Update the thread so help can be provided for your defence.

Hi,

Could you please clarify the documents which I should request , should that be done directly by contacting Mortimer or through the courts? As per your message I was planning on acknowledging the claim and get extra 14 days for defence, but is there a way to request documents when you acknowledging the claim on MCOL?

Thanks in advance

[echat11]

Hi,
How do I request or find out if they have DN if you advice not to contact Mortimer Clarke? Do I just respond to the claim via MCOL as part of my defence stating that I have not received DN?

You should have already requested it, post 9, point (d).

[echat11]

Hi,

Could you please clarify the documents which I should request , should that be done directly by contacting Mortimer or through the courts? As per your message I was planning on acknowledging the claim and get extra 14 days for defence, but is there a way to request documents when you acknowledging the claim on MCOL?

Thanks in advance

a)Could you please clarify the documents which I should request , should that be done directly by contacting Mortimer or through the courts?

Credit Agreement, Default Notice and Letter of Assignment.

Read post 9 (c) and (d).

(b) As per your message I was planning on acknowledging the claim and get extra 14 days for defence, but is there a way to request documents when you acknowledging the claim on MCOL?

No there isn't.

[barlos1973]

Hi,

Could you please clarify the documents which I should request , should that be done directly by contacting Mortimer or through the courts? As per your message I was planning on acknowledging the claim and get extra 14 days for defence, but is there a way to request documents when you acknowledging the claim on MCOL?

Thanks in advance

Hi,

Thanks for your prompt reply. I have now in the process of carrying our your instructions. The template letter mentions about statutory fee of £1 fee. Could you please advise how do I send it? By cheque?

[echat11]

Hi,

Thanks for your prompt reply. I have now in the process of carrying our your instructions. The template letter mentions about statutory fee of £1 fee. Could you please advise how do I send it? By cheque?

Cheque, Postal Order etc.