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Floydian

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  1. But it didn't achieve me nothing did it Andy? Mine is sorted. If my advice is not required, delete it but it's worked for me twice with both cases discontinued before dates are arranged. No wonder this happens on mass when complaints are not filed. Andy while I respect your advice if it is 100% stat barred she should inform the original debt purchaser, DLC. They might not even know what MC are pulling here. They are currently investigating them via my complaint.
  2. Thats roughly it but also the claim shouldn't have gone to court in the first place which is why I add a complaint. The more people complain then a bigger picture is given to the FCA. Dcas are trying it on. This should stop them (in the long run). I also find it speeds them up somewhat and stops the claim bring stayed indefinitely
  3. Update Notice of discontinued claim received. £100 offered by DLC as way of distress caused. Currently in talks with mortimer over serious complaint over misleading information. Result.
  4. Sorry guys. I disagree (quite strongly). I have had two of these baseless court orders thrown my way and I wrote to both parties who owned the alleged debts and they found in my favour of course and both have issued me with recompense. You can ignore the claim and hope they pull out or you can write to them now and sort it. I'm curious. Why wouldn't you file a complaint and then go to the ombudsman which gets recorded against them? We moan that dcas work this way but then do nothing about it. Sarah. Write to DLC if you are SURE it is barred and complain that it has gone this far and ask for £100 compensation for your distress, you'll be surprised how bad they will want your complaint to go away. Complaining by letter does not mean you admit any liability and if it is stat barred it can't be unbarred anyway. You can leave it but it'll probably be placed on hold forever in the court system and I would rather be sorted now with a complaint upheld against the dcas. Mortimer Clarke won't do anything as they use the nuremburg defence but DLC will act.
  5. Exactly. We will see very few cases here from the exact amount issued. Most of these claims will win via default if the alleged debtor does not defend and most won't. And that included all stat barred debts. That's why it is very important that the few who do come here, and I was one of them, make an official complaint. In my case to DLC. They will not confirm in writing that the debt is not SB if it is. They will not proceed once you have informed the court and DLC it is. So fight
  6. I have (and I do not recommend everyone does this) made multiple recorded phone calls to Mortimer Clarke. Never have I spoken to so many incompetent people all singing the same line. The limitation act is triggered by (the latest event) 1) No payment in six years 2) TERMINATION of contract 3) No acceptance of debt in six years. They have all been briefed with this falsehood, every single agent I spoke to. I got a callback from a 'lawyer' at Mortimer Clarke and they also confirmed that my alleged debt was not SB. Any company that knowingly takes legal action on a SB debt is acting vexatiously and can possibly face problems being legally called a vexatious litigant. Any company that risks this so blatantly is under massive pressure. Especially one that relies on courts (ESPECIALLY bulk centres!) DLC dropped my case and is currently investigating complaints, mine included, that MC are acting in this way. That's because MC blame (on record) that they are only following DLCs orders). I do not believe this. I encourage you all make complaints.
  7. UPDATE DLC confirm action has been stopped and account to be returned to them and closed. Mortimer Clarke pleading ignorance. No discontinued letter to date or response via court.
  8. The last time I requested and was given £50 for my wasted time. If you keep your costs reasonable, and fair, of course they'll pay. If they don't I expect it'll go to the ombudsman and that'll cost them £600. I can PM you the letter from a debt collector offering ME monies if you want?
  9. Sarah I got the same reply, word for word except dates. Do not worry you are almost certainly going to win this one. If you want to know when your last payment was made then order statements. I paid around £6 for two years worth with my building society. Mortimer Clarke even told me when it was made as they don't care when it was according to their new laws. *It is still worth your time to know when your last payment was made as the SB defence will just fail if it HAS been less than six years.* Mortimer Clarke should be reported en mass. I confirmed with DLC, and DLC agreed that the cessation of contract is not a pointer for the SB beginning to tick it is either 1) No payment in six years 2) No admittance in writing in six years. They are offering you a massive discount, that should be enough to tell you they are trying it on. COMPLAIN to DLC, request a copy of the original agreement but word it as a complaint, my bet is they will uphold your complaint and cease collection. Do this in writing under a CCA agreement and send a postal order for £1. I sent mine on a Friday and got a letter back Wednesday apologising. Note that the £1 is for the request and not a payment off the alleged debt. MC are under massive pressure to get a turnaround for these unenforceable debts. Do not bother with them as they will say anything, and communicate in writing with DLC and make it a complaint only. (DLC is the trading name of Hillesden)
  10. I charge vextaious litigants as they tried to charge me £110 solicitor fees.
  11. No, this is a response to my complaint about vexatious litigation as the loan is SB and a CCA request for good measure. DLC have confirmed in writing that they have told Mortimer Clarke to discontinue and my account is closed. At this stage it's just an update of proceedings but I doubt they'll proceed after writing that letter confirming the whole matter is closed. Either way I've filed my defence. However I will let you guys know as all my knowledge has come from CAG over the years. Thanks dx1000uk and Ford. So far it looks like one Mortimer Clarke Black Horse Loan case lost. Others should fight, I can only imagine how many cases they win, unfairly, by default. Guys, complain to original creditor or debt purchaser. In Black Horse cases the majority of accounts were sold in 2010. Send off a CCA request and information under the civil procedure, also make a formal complaint that they are vexatious litigants if the debt is SB. Next step for me is waiting for the notice of discontinuance and sending off my fee schedule.
  12. Ford I've just updated my position on my case as I totally agree with you, http://www.consumeractiongroup.co.uk/forum/showthread.php?457344-Hillesden-dlc-mortimer-claimform-Black-horse-car-loan-(Stat-barred-)
  13. Sent off CCA request, civil procedure for defence and complained to DLC about Mortimer Clarke changing the law to suit themselves. Complained that they have been informed its statute barred and if they continued, once informed, I would take complaint to all relevant bodies. Complaint upheld, discontinued, alleged debt permanently wiped. They will not take anyone to court using this new termination of contract clause so defend this everyone. (There has been as mentioned probably hundreds of these coming through Northampton Bulk centre.) My invoice is on the way to them. MC are a disgrace, solicitors should know better!
  14. Thanks so much it's a worry. What is this all about hart v bmw and them going for termination of contract is the cause of action, not the last payment. They dispute the HP argument. Have we some other case law where the SB defence being lost, due to contract termination being much later than the last payment. They just say it's taken from one of these 1) admitted the debt 2) Contract termination 3) last payment 6 years from the latest event. Also is four missed payments enough? (Monthly)
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