Thanks andy. Just about to head out to work, so once there will log into mcol and submit

Dont leave it to close to 4.00 pm in case the site crashes or has problems logging in.

All done. Saved PDF's of the paperwork from the mcol website

Many thanks for your efforts thus far.

Acknowledgement received from the court. It states that Copy has been served to the claimant who may contact me to attempt to resolve the dispute. If the dispute cannot be reaolved the claimant will inform the court that he wishes to continue. The court will then inform me what will happen.

Claimant must contact the court within 28 days after receiving the defence, after that period the case will be stayed. The only action that can then be taken is to apply to the judge for an order lofting the stay.

Usual response i expect.

I have also received this from Mortimer Clark

We have received your defence.

We acknowledge your receipt for documents pursuant to Section 77 of the CCA1974

For the avoidance of doubt, this firm acts on its clients instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

In the meantime the matter has been placed on hold and no further action will be taken

Surely tho in order to proceed to court they would need to prove i owed the money and should have these documents already in their posession, it shouldnt be up to me to challenge them for the proof. Oh well, such is out legal system, far to reliant on naievety of the law in order to win......

they don't need to produce anything to gain an undefended rubber stamped default judgement.

which is what they hoped for.

dx

Interestingly,

it has taken 14 months but I have received a letter from Mortimer Clark.

It contains an agreement from Welcome Finance and myself dating from when the debt was renegotiated.

It doesnt contain the original finance agreement detailing the various insurances that made up part of the finance agreement, nor are there any deeds of transfer from Welcome to Cabot.

They have also offered me 30- days to accept a 50% discount on the remaining balance

"Without prejudice save costs"

As Im out with the kids Ill scan and post these up once I get home.

discount speaks volumes!!

and the claim is stayed so they'll have to pay more fees to unstay it.

dx

This was back in november 2016. 2 years ago.

To update:-

Mortimer Clarke filed in court.

I submitted the defence as above to which MC admitted not having the documents and would return to the originator creditor to obtain them.

Nothing.

3 whole years have passed.

Today I received a letter from MC. It says,

We are solicitors acting on behalf of our client and are responsible for receiving your future payments.

 

We want to work with you to find a repayment plan that is fair and sustainable sp we have included an income and expenditure form ho help you work out what is the most affordable plan for your circumstances.

 

If we don't hear from you, we will refer the matter to client for further instructions.

 

And very helpfully includes a financial recoed form for me to fill in

The last case is still sitting on Northampton CCBC for the last 3 years still awaiting the paperwork proving the debt is valid (which it isnt as the balance has significant PPI and interest added to that)

They must be desperate! XD

Obviously enticed the inexperienced office junior with a christmas bonus to push their luck.

Think Im going to let them sweat this one out then if they file in court again Ill go for a counter claim for damages and abuse of process.

Unless anyone wants to have a laugh with this one and give MC some grief on my behalf....

If you need any further info or docs posting let me know.

Not sure if I still have the paperwork so gonna have a hunt on t'interweb and my HDD to see what i can find.

Think I still have my CCBC log in, tho i cant remember it

no its a begging letter to fund the xmas party with your free money...not a chance....