Mortimer Clarke Issued Claim (I know nothing about)

[Desperate Dan]

Re: Desperate Dans Diary

^ ^ ^ ^ who's named as the Claimant on that judgment ? Then if it's been subsequently sold you should have been notified formally as Niddy says. Is there any reason not to ask MCL who is "their client" ?

The claimant on the judgement is Yorkshire bank and the name and address for payment is Jeremy Sutcliff.

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

MCL's client will be the person/company named on the POCs and/or the CCJ. Does that give you a clue?

What is a POC? The name on the court judgement is Jeremy Sutcliff, with an instruction to make payments to them. But all payments after the ccj were made to MCL. So would that make Jeremy Sutcliff the client?

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

It'll be marlin or YB.

Do you have the claim? NoA? Anything like that?

Hiya, sorry for late reply I havnt been too well. No I do not remember getting a claim. I asked the court for a copy of the claim but they said they did not receive a claim as such and that the copy of the judgement they sent was all they had. Jeremy Sutcliff is the name on the judgement with an instruction to make all payments to them, yet it was MCL who I was paying immediately after the judgement so its very confusing. Nope, no NOA.

[PlanB]

Re: Desperate Dans Diary

There is. I have found it through Trust. Unsatisfied Judgement it says obtained on 06.12.07. I dont even think I was living at the address where it was sent at the time. I lived at my grandads for two years before meeting my partner in June of 2009.

^ ^ ^ ^ who's named as the Claimant on that judgment ? Then if it's been subsequently sold you should have been notified formally as Niddy says. Is there any reason not to ask MCL who is "their client" ?

[PlanB]

Re: Mortimer Clarke Issued Claim (I know nothing about)

In all the correspondence I have MCL refer to 'our client' so MCL are definately collecting on behalf of someone, however I do not who that someone is!

MCL's client will be the person/company named on the POCs and/or the CCJ. Does that give you a clue?

[Never-In-Doubt]

Re: Mortimer Clarke Issued Claim (I know nothing about)

It'll be marlin or YB.

Do you have the claim? NoA? Anything like that?

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

If Yorkshire Bank are still the creditor (that's who DD says he is paying at the moment) maybe there won't be a NoA since Jeremy Sutcliffe is only a firm of solicitors who were probably instructed to collect the debt but not actually assigned it. Likewise MCL. I may have misunderstood the chain of events though and it did get sold somewhere down the line

In all the correspondence I have MCL refer to 'our client' so MCL are definately collecting on behalf of someone, however I do not who that someone is!

[PlanB]

Re: Mortimer Clarke Issued Claim (I know nothing about)

You'd have to SAR them all unfortunately but only if it's relevant. Paul will confirm that if you contact him

ie if MCL issued the claim they'll have had to seen a NoA and DN etc so see what Paul says.

If Yorkshire Bank are still the creditor (that's who DD says he is paying at the moment) maybe there won't be a NoA since Jeremy Sutcliffe is only a firm of solicitors who were probably instructed to collect the debt but not actually assigned it. Likewise MCL. I may have misunderstood the chain of events though and it did get sold somewhere down the line

[Never-In-Doubt]

Re: Mortimer Clarke Issued Claim (I know nothing about)

You'd have to SAR them all unfortunately but only if it's relevant. Paul will confirm that if you contact him

ie if MCL issued the claim they'll have had to seen a NoA and DN etc so see what Paul says.

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Just had a thought, as the debt was passed to Jeremy Sutcliff and a couple of others before it got to MCL, will the Yorkshire Bank be able to send me copies of all the letters that each of these vampires sent or do I need to SAR them all for that information?

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

I would always say send a SAR, sure - does no harm whatsoever. Can you clarify though, are you still paying this £80p/m and if so, I presume you have not received any additional/recent claims from MCL - just threats of arrest of salary etc?

No I have not paid them anything since just before I requested the CCA. I was paying the £80 a while back, they sent me a I&E and I stupidly completed it but to be honest neither me or my partner had a clue and didnt put everything down (like baby milk and nappies etc). This lead to them demanding £100, we said we couldnt afford it and then they threatened an attachment. It was around then that we found this site and sent them a CCA request. Its been a couple of weeks now since they sent the copy of the DN so im expecting them to be back in touch before too long with more threats.

I will send the SAR to Yorkshire Bank tomorrow.

[Never-In-Doubt]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Hi, I am not sure. By the looks of things I was paying £80 back in 2008 but that was after the judgement and I honestly do not know when I first started paying that amount. Should I SAR them for statements?

Cheers

I would always say send a SAR, sure - does no harm whatsoever. Can you clarify though, are you still paying this £80p/m and if so, I presume you have not received any additional/recent claims from MCL - just threats of arrest of salary etc?

Send SAR to Yorkshire Bank - nothing to MCL right now, wait and see what Paul says but really we're gonna need the SAR info. SAR template to use is here ---> Our Templates | Unenforceability Templates | Subject Access (SAR) - Advanced Request

Also, regards the following:

I was living with my grandad, moved a couple of times then went back to my grandads. I did not pay them anything from 2007 to 2008 and then paid in dribs and drabs. I then met my partner and we moved in together. My grandad was receiving lots of doorstep threat letters so I paid them some money and gave them my new address.

I started paying them £80 a month from sometime in 2010 until Feb 2011 when I stopped paying because my partner was pregnant and we could not afford to pay that and buy for the baby. We started paying again in November 2011 but they then sent me an I and E form and demanded I completed it with all income. I included our Child Benefit, Child Tax Credits and my partner's maternity pay. They then demanded £100 per month (or they would attach my earnings) as they said we had surplus income. I stupidly did not put down all our expenses on the form as both me and my partner had no idea what to put. We had to stop paying as we could no longer afford £50 let alone £100.

Ok that's handy to know, the SAR will confirm most of this which is good....

All the letters refer to 'our clien' so I presume it is still owned by the Yorkshire Bank.

Ok so the SAR goes to YB at the following address:

Yorkshire / Clydesdale Bank
Customer Engagement
4th Floor
40 St Vincent Place
Glasgow
G1 2HL

Remember and pay the £10 statutory fee and send it recorded delivery

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

There is a puzzling question surrounding the Default.

The sum stated as "Arrears" is a bizzare amount. It equates to, based on the repayment amount on the notice, as being 12.4 months in arrears.

Now then, is that correct? were you 12.4 months in arrears? or do you have proof to prove that it is incorrect?

Cheers Paul,

I honestly cannot remember anything about the default notice or what the state of the account was at the time. No proofs unfortunately and I have definately not received any statements in the last two years.

[Desperate Dan]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Question for Dan - did they obtain judgment whilst you were paying £80pm or did you recently come to that agreement?

When did you start paying £80pm?

Cheers

Hi, I am not sure. By the looks of things I was paying £80 back in 2008 but that was after the judgement and I honestly do not know when I first started paying that amount. Should I SAR them for statements?

Cheers

[Never-In-Doubt]

Re: Mortimer Clarke Issued Claim (I know nothing about)

Its tricky mate,

like any case, its about gathering the evidence, applying the law to the facts, and then drawing a conclusion on the way forward.

At this moment the facts arent clear

Yea I appreciate what you're saying matey. Just mad at reading this again to find MCL did the same. It's shocking that they get away with it. You know me, I hate em

As an aside; I notice he was paying. So very confusing. As I say I'll email dan and get him to chuck me an email with everything; update this then I'll make sure you get a copy cos he needs to act if they're giving him shit about arresting salary.