Mortimer & Clarke Solicitors

rizla_king

http://www.legalbeagles.info/forums/ forum is prob best bet for help with a defance

rizla_king

My forum signature is not directed at you.

pupgrum

Just want to say you'll want to pay the debt off within 1 month of the CCJ or it's on your credit history. If you plan on paying now to avoid the extra CCJ fee on top of the claim fee, you need to do this fast. Posting a cheque near the deadline won't help if it's not received and processed on time. There's nothing more annoying than the cheque arriving on time but we plebs are all busy being bossed around by the solicitors and can't find the time to open the envelopes. All the original creditor needs is prove they sent a default notice to your correct address. They don't need to prove you received it.

As I former employee of Mortimer & Clarke I can tell you they don't use scare tactics. You can claim the debt is statute barred and they'll contact the original creditor to acquire evidence it's not. This process could take weeks/months and while you're waiting for them to prove the debt is not statute barred, you lose the window of 1 month opportunity to pay the debt in full.

rizla_king

Only if you dont defend. Thats why its important to defend the claim.

These chancers then cant obtain a CCJ unless they can prove its not statute barred and even if they do you can still pay it then without it going on your credit file.

legalbeagles beat mortimer clarke regularly so ask for help with defence there,

howie94

rizla_king wrote: »

Only if you dont defend. Thats why its important to defend the claim.

These chancers then cant obtain a CCJ unless they can prove its not statute barred and even if they do you can still pay it then without it going on your credit file.

legalbeagles beat mortimer clarke regularly so ask for help with defence there,

Hi
That's the issue, I voluntarily give the car back to Blackhorse when the half way point was well passed, I've got no records on my credit files whatsoever and its states on the county court for that £295 non payment in 2006 when if you think how can I voluntarily hand the car back and owe money ...... The debt is Statue barred as 9 years has passed and I'm unsure on what to do as I have no idea what the £295 is for .....?

Regards

pupgrum

howie94 wrote: »

Hi
That's the issue, I voluntarily give the car back to Blackhorse when the half way point was well passed, I've got no records on my credit files whatsoever and its states on the county court for that £295 non payment in 2006 when if you think how can I voluntarily hand the car back and owe money ...... The debt is Statue barred as 9 years has passed and I'm unsure on what to do as I have no idea what the £295 is for .....?

Regards

Without knowing the date the default notice was issued, whether any communication attempts were made by any debt collection agencies before the Mortimer & Clarke was instructed to collect the debt, it's impossible to know. Have you moved address since 2006? If I were you I'd make a CPR31.14 request.

Make sure anything you send is done by recorded post because that gets looked at immediately when the post is sorted. When I say looked at I just mean litigation activity is suspended, at least until the contents of your letter is looked at and responded to by someone.

rizla_king

pupgrum wrote: »

Without knowing the date the default notice was issued, whether any communication attempts were made by any debt collection agencies before the Mortimer & Clarke was instructed to collect the debt, it's impossible to know. Have you moved address since 2006?

Communication attempts by a creditor debt collector to not restart the 6 year statute barred clock. Moving address does not alter it either.

typical DCA lie that it does

rizla_king

howie94 wrote: »

Hi
That's the issue, I voluntarily give the car back to Blackhorse when the half way point was well passed, I've got no records on my credit files whatsoever and its states on the county court for that £295 non payment in 2006 when if you think how can I voluntarily hand the car back and owe money ...... The debt is Statue barred as 9 years has passed and I'm unsure on what to do as I have no idea what the £295 is for .....?

Regards

get on legalbeagles and get a defence sorted then. if you dont you are up shlt creek.

pupgrum

rizla_king wrote: »

Communication attempts by a creditor debt collector to not restart the 6 year statute barred clock. Moving address does not alter it either.

typical DCA lie that it does

You don't know if OP previously replied to any debt collection agency letter and forgot about it. You don't know when the default notice was issued. Moving address may mean the default notice was sent and not, well, noticed.

There's no time limit to issuing a default notice. It's standard practice to issue it 3 months or may be 6 months, but some lenders take longer than that. The law only states they must issue the default notice before taking legal action.

Let's assume OP missed a payment in 2006. Interest is added every month but the lender doesn't issue the default notice until 2009. Yup, you're screwed.

fermi

howie94 wrote: »

I've just received a county court claim form for a fee of £295

1st step is here --> http://www.legalbeagles.info/forums/showthread.php?47790-Basic-first-Steps-to-take-on-receipt-of-a-Consumer-Credit-Court-Claim

Just looking over there, and there are loads of ongoing claims involving BlackHorse/Hillesden etc, so a lot of worthwhile reading etc.