Help Needed please with Mortimer Clarke

Just_Di

Lifestartsat40 wrote: »

Hi Di - I don't think they can enter judgement as they have already put it in writing that the amount on the claim is wrong and that they only wish to claim for £16k - they have already said that they would have to amend the claim and have the papers re-served on me - at which point I can file a defence I presume?

Well in theory they can enter judgment against you at the click of a mouse on the MCOL system. I'm assuming the claim is parked there.

They would not need to amend the Particulars of Claim to obtain a Default Judgment (CCJ). The Default Judgment would be for the value of the claim which you have said is £26k.

As I've explained if they want to amend the Particulars of Claim they would have to make an Application to the court for permission which is likely to be granted unless you contest their Application.

If the court grants their Application (to amend their Defence) then it's likely the Order would also include a date by which you must file your Defence.

I don't know the full facts but I understand your positon is to wait and see whether they continue with these legal proceedings.

I do strongly advise you to check with NCCBC whether a claim has been issued and what address it was served on so that none of the above scenario takes place without your knowledge i.e. they obtain Judgment at your old address despite having your current address.

You must do what feels best for you.

Di

Lifestartsat40

Surely that would be unlawful to enter judgement for £26k when they have admitted they have made a mistake and they only wish to claim £16k?
The claim was sent to my old address (they have confirmed this) but they are now writing to me at my new address. At the time they sent the claim, I had already been left there 18 months.

I am interested to know why they are asking me why I think it is unenforceable. They haven't sent a proper CCA as far as I can tell