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kjw327
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Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts
kjw327 replied to kjw327's topic in Financial Legal Issues
I am hoping that this means lift the stay and progress to the SCT. -
Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts
kjw327 replied to kjw327's topic in Financial Legal Issues
Received updates today: A copy of an Order made that lifts the Stay and directs Claimant to provide Court with their intent. MC have provided a reply, this is also included. I'd welcome thoughts on this. 20230413-Order and MC Reply.pdf -
Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts
kjw327 replied to kjw327's topic in Financial Legal Issues
No DX, there is nothing where my signature should be. -
Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts
kjw327 replied to kjw327's topic in Financial Legal Issues
It's their signature DX. -
I made the payment on 29 November via bank transfer. They sent me a letter confirming my balance was zero and I have not had anything else since. It hasn't come up on my credit file as a CCJ.
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Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts
kjw327 replied to kjw327's topic in Financial Legal Issues
Thanks for your comments, I'd never considered the differences before. On post 34 in this thread, there is an earlier upload of the agreement. That one is as good as it gets, it really is quite hard to read even in the paper copy. -
Hi @albouk, I wanted to let you know that your full name appears several times within your upload in post number 3. It is on pages 70, 83, 88, 97, 111 and 127. Thanks for sharing your experience to date, I too am at the N244 stage following the lifting of a stay and my case is progressing. It is really helpful to be able to see how they have constructed their WS and exhibits and being able to understand what compliant and non-compliant documents may look like. I hope you are able to resolve this in a way that is manageable for you.
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Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts
kjw327 replied to kjw327's topic in Financial Legal Issues
Today's mail brought a bundle from the CC, this included copies of both orders made to vacate the hearing and to transfer the case to my local CC. In addition they provided a photocopy of what MC had submitted when they applied to lift the stay and progress the claim. MC also sent me a letter with a copy of their bundle, saying that this in now served upon me. Their bundle consists of the N244, a WS and a 51 page exhibit. The exhibit consists of a reconstituted agreement, a print out of a customer summary, 12 pages of transactions, a DN, NOA, several letters prior to the claim in 2019, 1 statement of my account between 27 Nov 18 - 29 Mar 19, copy of the Claim Form, letters from Aug 21, Oct 21, Dec 21 and two from Dec 22. Of the letters sent since the Claim was stayed, the Aug, Oct and Dec 21 were all sent to me via email, full letters on headed paper, full addressed to me with the words 'Sent by way of email only to: xxxxxxxxxxxx'. I did receive these letters via the email. The last two letters in the bundle are both dated Dec 22, are not on headed paper and do not have the annotation in reference to email sending on them. I do not believe that these were sent, they were certainly not sent via email and I have not received these in the post at all. It is these letters that are offering me the opportunity to make a settlement and avoid the resumption of legal matters. The upload contains the following: Covering letter, N244, WS, Recon Agreement, 1 page of transactions, DN, NOA. I would welcome thoughts in relation to the strength of these documents. 20230323-N244 & WS.pdf -
Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts
kjw327 replied to kjw327's topic in Financial Legal Issues
Update from today. I was able to better articulate my position today when I contacted the CC. This led to the member of staff taking a different approach than yesterday. I was asked to submit an email to them outlining what had occurred to date, with this I was able to provide a copy of a letter from MC to my current address and also the screenshot of my change of address to HMCTS/MCOL. The member of staff used this to discuss with the DJ and I was called back later in the day to confirm that the hearing has been vacated, that the case will be transferred to my local CC and that the case file is already packed and ready to be mailed to the the receiving CC. This member of staff also confirmed that the orders made to effect these changes will be sent to me today. In addition, the CC office contacted MC and advised them of the actions taken today. MC informed the CC office that it was a mystery as to how the mistake had been made. When waiting for an update from the CC, I also contacted MC myself to request all documentation and for them to vacate the hearing as advised by Andy. They have yet to return contact regarding this, but my sense of concern is now less given the CC staff members support. I am really grateful for all of the advice provided by DX & Andy to date, the information provided by Andy in his last post gave me the specific details to help better structure, word and articulate my point. This also transferred into my email and helped me to secure a good outcome for today. Thank you for helping me. -
Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts
kjw327 replied to kjw327's topic in Financial Legal Issues
Thank you Andy and DX, I will speak to the CC again and then Mortimer...hopefully this can be corrected. -
Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts
kjw327 replied to kjw327's topic in Financial Legal Issues
They said that the HMCTS/MCOL system does not transfer the data submitted by a user. So even though I updated in Dec 2021, the stayed claim details would not have been changed. The local CC said that they have nothing to do with what Northampton do, and they work with the information that is transferred to them. If something has changed, that I or the claimants solicitors should have updated. I pointed out that I did not have an awareness of a requirement for details to be changed because I was not aware that the stay had been lifted and the claim transferred. It is my belief that I had taken all appropriate actions with address updates, I had notified the claimant, notified their solicitors and updated my registered details with HMCTS/MCOL. I am not sure what else I could have done to have prevented this. Should I complete the N244 to request adjournment and re-listing? They said it is £108 fee, i don't want to do this if it is not the best action for me to take.
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