Mortimer Clarke Issued Claim (I know nothing about)

[Desperate Dan]

Re: Desperate Dans Diary

Mate this MCL we're talking about. Dirty dirty bastards with no ethics.

I bet there is a ccj

I'll get Paul to pop in

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.

Oh dear, what can I do now then so they dont attach my earnings?

[Desperate Dan]

Re: Desperate Dans Diary

you will need the claim number cos CCBC do not have a search facility,

Its imperitive that the CCJ is tracked down as a matter of urgency, delay will defeat any chance you may have of setting the judgment aside so you must move fast.

Ill have a look back in later when the kids in bed

Cheers Paul, I have a claim number on the letter I got from them, presume this is the one needed?

[Never-In-Doubt]

Re: Desperate Dans Diary

Sit tight. Stop stressing.

Paul said he'd be back soon.


*** CHECK PRIVATE MESSAGES ***

[CleverClogs (RIP)]

Re: Desperate Dans Diary

I had been paying them £80 per month but I can no longer afford this as my daughter is nearly a year old and my partner has been unable to go back to work, Mortimer Clarke are now threatening to attach my earnings but we can barely scrape by as it is. Any advice on what to do next would be much appreciated.

If those rapacious buggers did obtain an attachment order, the court would take reasonable living expenses into consideration and hence they might get rather less than £960 per annum.

Whatever those bastards might claim, they are no longer permitted to sell your daughter to the local glue works or as a source of transplant organs even if she could be worth as much as £200,000 on the open market.

[Undercover Elsa]

Re: Desperate Dans Diary

Keep calm and carry on! As already described, get the documents..particularly copy of summons which will have particulars of claim, plus the judgement and anything else they have from the issuing court...asap

[Undercover Elsa]

Re: Desperate Dans Diary

Niddy/Paul....would a SAR to Yorkshire Bank be in order?

[Undercover Elsa]

Re: Desperate Dans Diary

Cheers Paul, I have a claim number on the letter I got from them, presume this is the one needed?

Does it match the number on Trust Online?

[Never-In-Doubt]

Re: Desperate Dans Diary

Niddy/Paul....would a SAR to Yorkshire Bank be in order?

They piss around tbh. After 3 attempts I got most data. Still loads missing....

But yea, send an advanced SAR. Why not. Get the ball rolling. Only if Paul agrees; may not be enough time to utilise it tbh.

[Numpty Monkey]

Re: Desperate Dans Diary

Mate this MCL we're talking about. Dirty dirty bastards with no ethics.

I bet there is a ccj

Bugger, looks like you win this bet mate
I wonder if YB have done this with me

Dan stop stressing mate

[MattyA]

Re: Desperate Dans Diary

Depends how old the account is / how long you have been paying PPI - but the answer is probably yes.
You could also use it to counter claim against them and tie the whole thing up in the system for a while (in my case 18 months so far)which at least would buy you some breathing space at best cancel out some or all of the debt.
I have a very good tack for you to use if you do decide to go down the PPI route - let me know when you decide.

Matty

[Paul.]

Re: Desperate Dans Diary

Setting aside Default judgment can be an ass, the Court has discretion but most judges will want to see that if they set aside the underlying judgment, that there is an arguable defence.

The reason is that if there is no defence available to the Defendant then by setting aside judgment it merely adds to the costs, as in 28 days the Defendant will be back in the same position that he originally was.

So, we would need to look at the underlying matter here, and see if there are any points that could be taken in a defence.

[Undercover Elsa]

Re: Desperate Dans Diary

Does Dan need to do a SAR, Paul?

[Paul.]

Re: Desperate Dans Diary

Im not sure that a sar assists,

The reason is that there is a duty to apply promptly, sars take up to 40 days and im not sure the court would see that as the appropriate way forward. It would be better to write to the Claimant and ask for information about the matter and set out the fact that there has not been service of the claim form and that you had no idea about the claim.

Also id set out the details of any issues that you may have had etc

The other bad thing with SARs is that they do not have to send you data if the search would be disproportionate etc and of course if the lender doesnt have the data any more, again they dont have to send it

You may well be better off sending both sar and a request for more info from the creditor, but above all the action needs taking promptly

[Undercover Elsa]

Re: Desperate Dans Diary

Thanks Paul, belt and braces then..

[Paul.]

Re: Desperate Dans Diary

i dont think there is any real other option

The court has been asked for the claim form so the clck ticks now, i dont think a DJ would accept you saying i sat on my arse while i waited 40 days, chances are he will say why didnt you contact the claimant and may based a refgusal to set aside the judgment on delay

if he did then id say you would be buggered on appealling to be franke and honest.

ALso id refer to Regency Rolls v Murat Carnell which held 30 days was too longer delay in such applications