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Posts posted by Floydian

  1. Dont get involved in letter tennis sarah..its counter productive will achieve nothing and will distract you from dealing with the claim.




    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. Floydian, it is my understanding that a claim has been issued on this Statute Barred debt and that Sarah has submitted the statute barred defence - in which case there is now no requirement for her to contact the claimant at all ?


    Of course she can if she wishes in order to attempt to make a claim for some compensation.


    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. 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.

  4. 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 :)

  5. 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.

  6. 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)

  7. so the court have comfirmed the case is disc'd?





    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.

  8. 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!

  9. 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)

  10. Did not write.



    Spoke to them on the phone and denied ownership of debt until proof can be provided.



    They told me the last payment date of 2nd August 2009.



    I brought up stat barred and they gave me the hart v bmw case law.



    They claim the date of stat barred goes by the contract termination of March 2010 so not stat barred.

    The last payment date is irrelevant they claim.


    That was the only communication.

    I recorded the conversation.

    Denied their debt and advice will not contact again except CCA requests.


    I have only filed AOS to extend the case. I have opted to defend all the claim.


    Thank you

  11. Ok.


    By an agreement between BLACK HORSE LTD & the defendent on or around 18/09/2008. ('the agreement'). BLACK HORSE LOAN LTD agreed to loan the defendant monies. The Defendent did not pay the instalments as they fell due & the agreement was terminated. The agreement was assigned to the claimant. THE CLAIMENT CLAIMS THEREFORE £2400


    Last payment year (date of last payment) was 2nd August 2009


    Thanks guys :)

  12. Name of the Claimant Hillesden Securities

    Date of issue – 14th December

    What is the claim for –



    By an agreement between BLACK HORSE LTD & the defendent on or around 18/09/2008. ('the agreement').

    BLACK HORSE LOAN LTD agreed to loan the defendant monies.

    The Defendent did not pay the instalments as they fell due & the agreement was terminated.

    The agreement was assigned to the claimant.




    Last payment year (date of last payment) was 2nd August 2009

    What is the value of the claim? £2400


    Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan

    When did you enter into the original agreement before or after 2007? After

    Has the claim been issued by the original creditor

    or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned

    Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall

    Did you receive a Default Notice from the original creditor? Not that I recall


    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

    Why did you cease payments? It's alleged at this stage

    What was the date of your last payment? 2nd September WHEN

    Was there a dispute with the original creditor that remains unresolved? No

    Did you communicate any financial problems to the original creditor

    and make any attempt to enter into a debt managementicon plan? No

  13. Right.

    Do not want to give too many details but



    I am being taken to court by the mighty Mortimer mob.



    I have seen no evidence of the amount I claim to own

    I apparently stopped paying around 2nd of September 2009.

    I have not paid anything else on this alleged debt.


    It was a bank loan, unsecured.


    I say it's barred under the limitations act since nothing has been paid or any communication

    has been entered into within six years and three months.



    MCS are, of course, going by a 'termination of contract'. which they claim happened around March 2010

    saying the debt is not barred (they of course quote bmw v hart).



    That would mean over six months before they thought they had any cause of action apparently.

    I did not get any 'termination of contract' at my house!


    So who is right?

    Can the original loaner dictate when the barred starts ticking?

    Should it have started on December 3rd 2009 after three missed payments?


    Need any help including a relevant defence,

    would like them to send me proof as well.



    All I have is on the court papers claiming what I owe.



    This alleged debt is not anywhere on my credit report either.

    Thought it would have been if they hadn't even terminated the contract until March 2010

    when my report would have been updated to reflect that?


    Letters to get some evidence would help.



    Do I bother with SAR and CCA as although I have filed AOS I only have about 20 days.

  14. Thanks for the reply.


    It would be easier to tell you what they do not have than what they have. I have never met a more incompetent, lazy, unprofessional outfit than this. They send out hundreds of statute demands and odds on they will occasionally hit someone they really shouldn't have hit - people that will fight their bullyboy tactics and vexatious attitude. I am outraged at their attitude and the content they show for our courts.


    The original case was adjourned because they wanted to provide paperwork that any other company would have in place before they issued the demand. Unbelievably, although the judge was angry, they were given the adjournment (with a ticking off). That date was December the 14th.


    Guess what, they broke the court order.


    Now this is the bit I do not understand. Without asking for more time or given any reason, once I notified the court that they broke the court order I received court documents a few days later telling me that since the respondent has failed to provide evidence they have until the January 28th to file a statement. What on earth is the point of a court order if they can be so easily ignored?


    I questioned this to the court and they told me to write to the judge telling him they broke the court order. I shall do so, and any help forming the correct words would be appreciated, but I am like WTF!? Just unbelievable.





    I will post their witness statement and statement of account that was a month late if it helps?


    (A new court date had already been provided after they broke the court order and before they filed the late witness statement.)


    *They provided


    manufactured letters from their three crappy companies, RED, LOWELS and HAMPTONS.

    manufactured statement of account from SHOP DIRECT (from information from the SAR they stole from me, provided free from SHOP DIRECT on the 4th January).

    manufactured statement of account from LOWELLS (showing no details).

    reconstituted (I know, allowed) credit agreement from 2012 (not allowed lol) terms


    *Did not provide


    Any Default letters

    Any competent solicitor


    I am pretty sure I have a good case, but I still need help forming these words into my witness statement. I really do not want to mess this up. If anyone can help I would appreciate it!

  15. The maggots have actually produced some more 'evidence', I used 'produced' deliberately. They had to file this evidence by the 14th December. They were then given ANOTHER extension when they failed to prove anything after the adjournment. This was all to produce a statement of account (which would have been nice from the day they brought the debt). Certainly before they started INSOLVENCY proceedings. How on earth you are supposed to work out what you owe without one is beyond me and to hand one out at THIS STAGE (after the stat demand) is vexatious.


    They have also asked for costs approaching £900 against me for setting aside the demand. NINE HUNDRED POUND. Thats for asking for an adjournment on the original case, missing the adjournment and then manufacturing a statement of account. The SOA does not show any admin fee's (which there were) or any potential PPI. Nothing other than goods ordered (over a single year, not the whole account) and payments made during the life of the account. (So it appears I paid more than I received!). Its also proof that I missed no payments until I disputed the amount and withheld payments, as I thought was my right, after a reasonable time had elsaped)


    Lowlifes also claim they pulled this SOA from the archives at shop direct in january however this was not in my SAR from shop direct and indeed I have documented evidence saying that no such statement existed. They have filed this SOA as court evidence.


    I also thought to have a SOA produced now, for the first time, not before, would be a clear breach of a statute demand? They also put the onus onto me to prove the debt was in dispute. I have printed evidence of this from my SAR.


    If they had given me a statement of account from day one, settled my dispute, I would have paid the balance. Now its war, now its FSA and FSO and TS and my MP.


    Or should I just have paid up regardless, any arbitrary figure, especially now they are trying to add around £1000 to the balance?


    The court seems to be letting them. They are still in default of the CCA request.


    If a mod wants a laugh I have the SOA


    CAG I need you. This is not someone trying to escape a debt, this is someone who had a dispute, was ignored and got steamrolled by multiple teams of solicitors.

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