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Mortimer Clarke - Phoenix Civil Procedure Rules


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I have an ongoing case with Mortimer who currently have an interim charging order over my house and are taking me to court for a final charging order. I was quite happy paying off my debts through payplan, this one was previously a sainsburys credit card and was down to about £6k, when it was sold to Phoenix, who immediately demanded full payments, started charging me interest and daily charges and then took a judgement out (which I found out about later), then the interim charging order. It goes on and on.. Now I sent a letter to them which I found on this site I think, demanding a copy of my cca, bank statements, details of all charges and interest etc. Only to get a letter back stating... We will not respond to your request as disclosure under the Civil Procedure Rules only applies to ongoing disputed cases. Despite the fact that I am disputing their charges, they are claiming because there is already a judgement and I am waiting to go to court for a final charging order they dont have to supply this information. I find it totally unbelievable. Whilst all this has been going on, not once have I missed any of the originally agreed payments and I still continue to pay them and I will until it goes to court. Has anyone ever heard of this Civil Procedure Rules and can they legally deny supplying the information I have requested? I have referred this back to Payplan, but at present even they are struggling with this one!

HELP..

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You are going to court to fight the charging order, the judge will ONLY look at that, he can't address how the original charging order was made unless you submit a court form to get the charging order removed.....

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We will not respond to your request as disclosure under the Civil Procedure Rules only applies to ongoing disputed cases. Despite the fact that I am disputing their charges, they are claiming because there is already a judgement and I am waiting to go to court for a final charging order they dont have to supply this information. I find it totally unbelievable.

 

The term B*llsh*t springs to mind here - I would also ensure that this is mentioned in court

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I am really hoping that what they are claiming is not legal, and hopefully I can bring this up in court. Although I would like to challenge this legally before I go to court. I am really out of my depth legally with all of this.

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If you have kept up any repayment agreements, then a judge will not be happy !! if you have children under 18 in the house it is highly unlikely he will allow also......but spend some time reading through these forums, and if you feel you have a good case then apply to have the charging order removed....(there was one cagger on here who was in the same situation, as soon as the charging order came through, he submitted N244 (I think) to get the original CCJ removed and they were both heard at the same time....

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They applied for the judgement about 3 or 4 months after they took over the debt, I heard about it too late and did submit some sort of form, but it was too late.

I have kept up all my repayments, despite wanting to tell them to shove it!

I dont have children under 18, but my son (in his 30's) does own half the house, so I know that will go in my favour, plus I have other creditors so I can state this is unfair to them (the final charging order application). Plus the reason I got into debt in the first place was through ill health, so I know I have a lot in my favour. But I would really like to get one over these B'***ds legally for all they have put me through.They do have a bad reputation and it would be great if someone could get them struck off or shut down or something!!

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They applied for the judgement about 3 or 4 months after they took over the debt, I heard about it too late and did submit some sort of form, but it was too late.

I have kept up all my repayments, despite wanting to tell them to shove it!

I dont have children under 18, but my son (in his 30's) does own half the house, so I know that will go in my favour, plus I have other creditors so I can state this is unfair to them (the final charging order application). Plus the reason I got into debt in the first place was through ill health, so I know I have a lot in my favour. But I would really like to get one over these B'***ds legally for all they have put me through.They do have a bad reputation and it would be great if someone could get them struck off or shut down or something!!

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Many thanks for that, It made good reading. I had the CCJ back in may and I now realise that it was issued just over a week after the summons, I now know they are supposed to allow 28 days (but didnt know that back then) As it is some months now, I dont know if I can now challenge that CCJ, At the time I new I owed the debt and believe I justed signed whatever court paperwork I was sent.

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