Mortimer Clarke Issued Claim (I know nothing about)

[Desperate Dan]

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.

Cheers Paul

Yeah last thing I want is paying to have it set aside only to find when it goes back to court I lose and ccj is put back on credit file for another 6 years. Just call me Mr Pessimistic

[Never-In-Doubt]

Re: Desperate Dans Diary

Paul

What about the mis-sold ppi ergo incorrect default, incorrect claim - the lot. Surely the house of cards collapse...

I don't think a SAR will help at this stage (for court) but possibly for reclaim however see what Paul says about the ppi element. I also think the cca would be flawed post judgment as it won't cover ppi PT's - you can bank on that! Thus surely s.18 along with s.87, s.88, s.78 and s.127(3) is grounds to apply for set-aside...?

Paul....?

[Desperate Dan]

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

Cheers Matty,

Account is from 2004, cant remember exactly when I stopped making payments. Court judgement Dec 07. Will wait till Paul has had a look at paperwork from the court then see what he says about the PPI and let you know.

[CleverClogs (RIP)]

Re: Desperate Dans Diary

i dont think there is any real other option

Could the Civil Procedure Rules be used to require the data to be produced any more quickly?

[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

[Undercover Elsa]

Re: Desperate Dans Diary

Thanks Paul, belt and braces then..

[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

Does Dan need to do a SAR, Paul?

[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.

[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

[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

[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.

[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?

[Undercover Elsa]

Re: Desperate Dans Diary

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

[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