Mortimer Clarke chasing an old debt HELP

[sensaroman]

Hi can anyone answer this question please?
I thought that a debt was statute barred after 6 years but Mortimer Clarke have taken me to court and sent a letter stating that:
The six year limitation period runs from the latest date on which:
1. A payment was made towards the debt or
2. The agreement was terminated or
3. You acknowledged the debt in writing


They are saying that POINT 2 applied and the agreement was terminated in November 2011.
I have not paid or acknowledged the debt from 2005 so I believe it is statute barred.
What are they talking about with point 2?


Thanks guys.

[righty]

Re: Mortimer Clarke chasing an old debt HELP

They are talking rubbish the limitation starts from the time you defaulted providing you have not within 6 years admitted the debt in writing or made a payment.

You state that they HAVE taken you to court Is this correct? if so did you receive their court stamped claim form?

[righty]

Re: Mortimer Clarke chasing an old debt HELP

And have you received a copy of the alleged judgment?

[sensaroman]

Re: Mortimer Clarke chasing an old debt HELP

Hi thanks for your answer - sorry I am so late replying but it went to spam.

Well I have had a claim form that looks authentic and a claim number.
I responded with the claim number to the court and the password that they provided so it appears legitimate. I put on my defence that it was statute barred and Mortimer Clarke wrote me the above letter saying that the agreement was terminated November 2011 'therefore proceedings were issued within a 6 year limitation period and so the claim is not statute barred' If you disagree please explain why, otherwise withdraw your defence and put forward proposals.'

I have not paid anything or admitted anything since 2005.

[MissFM]

Re: Mortimer Clarke chasing an old debt HELP

As far as I understand, Sensaroman, the onus is on them to prove that it is NOT statute barred/IS enforceable.

In your shoes I would be asking them to provide proof.

Post up their letter ( with your personal details removed).

That will help the big guns to give you advice.

xx

[sensaroman]

Re: Mortimer Clarke chasing an old debt HELP

okay I will write it out as I cannot scan my printer is on the blink.

Dear Madam,

Re: Marlin Capital Europe Ltd v .............me.....
Refxxxxxx
Claim No. xxxxxx

We have received your defence.
You have alleged that the claim is stature barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which cause of action accrued.
The six year limitation period runs from the latest date on which:
1. A payment was made towards the debt or:
2. The agreement was terminated or
3. You acknowledged the debt in writing

We are instructed that in this case the cause of action accrued when the agreement was terminated on 29 November 2011. Therefore proceedings were issued within a six year limitation period and so the claim is not statute barred. If you disagree please explain why otherwise withdraw your defence and put forward proposals.
Yours faithfully
Mortimer Clarke Solicitors.

and that is what they have sent - I have copied out the letter about not acknowledging any debt to them or any other company they are representing and telling them that I consider that the matter is now closed - I was going to post recorded on Monday - what do you think?

:tinysmile_hmm_t2:

[wales01man]

Re: Mortimer Clarke chasing an old debt HELP

have you submitted a DEfence of it being Statiuted Barred?

[MissFM]

Re: Mortimer Clarke chasing an old debt HELP

Have pm'd an expert.... Be patient :tinysmile_kiss_t4: xx

[FlamingParrot]

Re: Mortimer Clarke chasing an old debt HELP

Well I have had a claim form that looks authentic and a claim number.
I responded with the claim number to the court and the password that they provided so it appears legitimate.

It would be a real claim, imagine a law firm like MC issuing fake claims, the SRA wouldn't be too happy!

I put on my defence that it was statute barred and Mortimer Clarke wrote me the above letter

When you responded to the claim online, did you actually enter a statute barred defence on the system? Or did you just acknowledge the claim and write to MC saying the debt is SB?

saying that the agreement was terminated November 2011 'therefore proceedings were issued within a 6 year limitation period and so the claim is not statute barred' If you disagree please explain why, otherwise withdraw your defence and put forward proposals.'

I have not paid anything or admitted anything since 2005.

They just don't know how to get around the Limitations Act 1980 to keep pursuing old debts! :mad2: :mad2:

This is what the Act says: http://www.legislation.gov.uk/ukpga/1980/58

Actions founded on simple contract

5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

What kind of account was this? Was it a current account overdraft?

The cause of action (when the clock starts) would normally be around one month after you first miss a payment. With overdrafts it can be a little trickier to define when the clock starts but it wouldn't be 6 years later! :scared:

You may want to look at this thread (thanks Andy58 :yo that explains it in detail: http://www.legalbeagles.info/forums/...red#post400620 :thumb:

[sensaroman]

Re: Mortimer Clarke chasing an old debt HELP

I only replied to the court stating it was statute barred and so they must have sent the information to the solicitors and they sent me the letter. It was an egg credit card. Do you think I should send the letter to them?

[righty]

Re: Mortimer Clarke chasing an old debt HELP

It would be a real claim, imagine a law firm like MC issuing fake claims, the SRA wouldn't be too happy! Happens all of the time such frims try it on in the hope they'll get a default judgement AND yes if does prove to SB's the SRA will not be happy
When you responded to the claim online, did you actually enter a statute barred defence on the system? Or did you just acknowledge the claim and write to MC saying the debt is SB?
They just don't know how to get around the Limitations Act 1980 to keep pursuing old debts! :mad2: :mad2:

This is what the Act says: http://www.legislation.gov.uk/ukpga/1980/58


What kind of account was this? Was it a current account overdraft?

The cause of action (when the clock starts) would normally be around one month after you first miss a payment. With overdrafts it can be a little trickier to define when the clock starts but it wouldn't be 6 years later! :scared:

You may want to look at this thread (thanks Andy58 :yo that explains it in detail: http://www.legalbeagles.info/forums/...red#post400620 :thumb:

they are trying it on + they are given you phony advice by claiming that item 3 applies when in fact 6 years kills everything dead

I should advise them that you have checked their suppositions & have found they are trying to mislead you.

"I refer to your letter letter date / / / the misleading contents of which I shall be bringing the to the attention of the court"

Also be further advised that if you proceed with your unenforceable claim I reserve the right to take whatever legal options that are available to me

[righty]

Re: Mortimer Clarke chasing an old debt HELP

A claim form is not a judgment.

[righty]

Re: Mortimer Clarke chasing an old debt HELP

I only replied to the court stating it was statute barred and so they must have sent the information to the solicitors and they sent me the letter. It was an egg credit card. Do you think I should send the letter to them?

They will have advised the claimant & the claimant has denied it. When it comes to court & you produce their letter, I suspect the court will not be happy that they have continued AND tried to hoodwink you by offering misleading advice particularly as you are only a LiP