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Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**


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Oh, excellent news spam!! I'm delighted for you :):)

 

As Andy says, check with the court, don't trust 'em an inch.

 

Then get them to agree to remove the defaults from your credit file, mark the account satisfied & obtain an offer of compensation for the wrongful entries that have affected your credit rating or tell 'em you'll go for a set aside of the discontinuence, get a judgment in your favour & claim costs!!

 

If you need help with the letter, shout...

 

You want to go for Judgement also Spam?

 

Andy

 

oh my Lord. now that's almost sexual.............

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oh my Lord. now that's almost sexual.............

 

What have you been eating or drinking today R&B:D

 

Ok normaly you can apply for judgement in your favour if the claim as been struck out.Must admit i have not tried it in a NoD as FG states you would decline and set a side using it as a threat, however heres the letter if you wish to have a go:-

 

I would advise you (on reciept of the order) to make an application (N244) without hearing and at no cost to you.

 

I would suggest something along the following lines

 

In the light of the order of Judge ???? dated ??/??/?? striking out the statement of case of the Claimant, I hereby apply for judgement to be entered against the Claimant.

 

I further apply for defence costs under CPR 27.14(2) of £??.??, which is calculated as follows:

 

 

 

Costs under CPR 27.14(2)(g)

 

I also respectfully ask the court to award costs of £?.?? due to the claimant's unreasonable behaviour in issuing a claim without following pre-action protocols, and their subsequent failure to provide evidence to substantiate their case. I estimate that it has taken me ?? hours to research and prepare my response to their action @ £9.25 per hour, which is a total of £??.??, plus £?.?? which I estimate I have spent on postage, printing and stationery.

 

 

 

He may agree these, he may not - but if you don't ask, you don't get!

 

Regards

 

Andy

Edited by Andyorch

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oh my Lord. now that's almost sexual.............

Methinks he's been at the wine gums or sniffing the barmaids apron..:rolleyes::p

 

Thank you Andy...I see what you mean now.

 

I'm going to give the court a ring in a mo to see if they've got anything yet and we'll go from there...

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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What u beeen eating or drinking today R&B:D

i think that may be the problem Andy...not enough!!!!

 

Methinks he's been at the wine gums or sniffing the barmaids apron..:rolleyes::p

id settle for either Spam........oops no that was another life wasnt it;)

 

think id better log off n get some more medication..........

 

well done Spam hope u stick it to em :D

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You must do what you feel comfortable with Spam if its just costs then leave it at that.Im sure you have had enough of this without further prolongment.

 

Regards

 

Andy

We could do with some help from you.

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Well,

 

Apparently the court haven't received their copy yet so I'll give them a day or so to see if it turns up... Court suggested I ring Mort Clarke... but I'd rather not!!

 

Assuming that the court does get a copy.... what happens about the order for costs that I got awarded at the Set aside if I were to 'win the case'.

 

Will I lose them if I agree to the discontinuence? This may well be a deciding factor in what route I take from here..

 

Help please..

 

Thanks, Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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Well,

 

Apparently the court haven't received their copy yet so I'll give them a day or so to see if it turns up... Court suggested I ring Mort Clarke... but I'd rather not!!

 

Assuming that the court does get a copy.... what happens about the order for costs that I got awarded at the Set aside if I were to 'win the case'. Not if you bargain with them in your acceptance.You want costs and any adverse information removed or you will set a side and apply for judgement in the matter along with costs-get the picture Spam?

Will I lose them if I agree to the discontinuence? This may well be a deciding factor in what route I take from here..

 

Help please..

 

Thanks, Spam. :)

 

Andy;)

We could do with some help from you.

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Thanks Andy...

 

One last question.. (Yeah right:rolleyes:)

 

If I agree to the discontinuence to this claim, could they then make another one at a later date and/ or still come after me for payments as the agreement hasn't yet been judged 'unenforceable'?

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Thanks Andy...

 

One last question.. (Yeah right:rolleyes:)

 

If I agree to the discontinuence to this claim, could they then make another one at a later date and/ or still come after me for payments as the agreement hasn't yet been judged 'unenforceable'?

 

Spam.:)

In a word yes providing they have the Courts permission which would be difficuilt.That why I gave you the option to seek Judgement in your favour then they cant.

Alternativly you can request that in your acceptance and agreement that they put it in writing that the case is now dead and no comebacks.

 

How do you want to play it?

 

Regards

 

Andy

We could do with some help from you.

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How do you want to play it?

 

Think I'm gonna have to sleep on this one..

 

I don't want it coming back and biting me on the bum at a later date and I know I have a very strong defence, so I would love to see Marlin squirm .... but it would also be nice to let it drop now...

 

Decisions decisions... not good at them.. :rolleyes:... I shall make a pros and cons list and then toss a coin ;) (if I can find one)

 

Thanks again Andy,

 

I'll let you know as soon as I do!

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Just putting my 2p in FWIW (& completely non-sexual r&b! :D)

 

I am guessing from you above comments that you really don't want to pursue the legal route if you can avoid it, so I would suggest the following options in order of what I would favour:

 

1. Write to MC with a proposal along the lines of what I suggested in Post 324 (& incl. the costs for the set aside) stating what you are willing to settle for in return for not applying for a set aside of the discontinuance but you require a written acceptance of their agreement to such (I'll help you with the letter if you need help). Carefully worded, this would prevent them attempting to start proceedings at a later date/passing it on to another DCA etc.

 

2. If they don't play ball, apply for your costs to court as Andy says above, incl. your set aside costs but be prepared to fight it again within the next 6years & live with your defaults etc.

 

3. In the last resort, go for a SA of discontinuance, go through with the hearing, WIN & counterclaim. No guarantee of the win of course but sounds to me as though MC know they have no case.

 

Sleep on it, it's your decision & you have to be comfortable with it.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Exactly jon, this is the route that in effect, spam could take by getting a written agreement from them. She may not get all the cash she would like but she would get the debt written off & peace of mind.

 

Have you got a link to your thread that might help her?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Mynewt Update.. (for Robcag:rolleyes:)

 

Got an alert from Credit Expert today... CCJ has been removed from my file... Woo hoo.:D

 

Having slept on my dilemma... (not as good as a bed I admit. :p) I have decided to accept the discontinuence but with lots of stipulations and if they don't agree to them I'll let it run to trial.

 

As my defence is due in next wednesday I will continue to prepare it and submit as directed just in case. (Unless anyone with more experience advises me otherwise of course.)

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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Got an alert from Credit Expert today... CCJ has been removed from my file... Woo hoo.:D

 

Hooray, one down...

 

Having slept on my dilemma... (not as good as a bed I admit. :p) I have decided to accept the discontinuence but with lots of stipulations and if they don't agree to them I'll let it run to trial.

 

You would have to physically apply for a set aside to 'let it run to trial'. make sure you head any proposal for an agreement 'without prejudice'. If you nee help shout or PM me

 

As my defence is due in next wednesday I will continue to prepare it and submit as directed just in case. (Unless anyone with more experience advises me otherwise of course.)

 

Good idea - be prepared. If you don't get confirmation from the court of discontinuance, submit the defence with a covering letter re. the discontinuance scenario.

 

 

Have a good day, hopefully you're getting closer to the champagne corks popping...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Tis me again..:)

 

I rang the court today and they confirmed that they had received a notice of discontinuence from Mortimer Clarke... so there we have it, all over bar the shouting and my 'Costs'...

 

I can't believe how it was only their greed and them telling me they'd been awarded 8% interest after judgement that led me to this site which in turn led me to get the judgement set aside etc...

 

If they hadn't have done that I'd have still been paying them and accepting what they said like a good little uninformed Spam..:rolleyes:

 

MEGA THANKS to my constant companions...( in alphabetical order so there's no scrapping :p)

 

Andyorch, Foolishgirl, Jon888999, R&B and Robcag..

 

Your advice and guidance has been awesome...:D

 

Thank you for the Bouquet of Tomatoes FG... ;) & thank you for the rep from yesterday also Andy... This experience has taught me a lot and I hope I can pass on my knew found knowledge for the benefit of others..

 

I'm going to ask for my **stars** now as I've achieved the set aside and discontinuence... and I'll keep updating as far as the costs issue goes..

 

If it turns out they don't comply with my requests and I have to set aside the discontinuence then I'll start a new thread...

 

Just the all important letter now please FG.... :-D

 

Thanks again everyone...

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Thank you Spam delighted to assist and even more to get your result now go get the iceing on the cake;)

 

 

Kindest Regards

 

Andy:D

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thank you spam for the public acknowledgement

 

I am delighted that you got what you wanted out of the chaos. Your story is a lesson to all who read it - perserverance, research & adherence to deadlines is essential for a successful outcome. You did good, girl!

 

Now on to the letter - will post up something later when I can think straight; builders, painters etc. all just left for the weekend leaving my house full of dust & I have to now cook a meal. Hmm.. s'pose it could be mud pie :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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perserverance, research & adherence to deadlines is essential for a successful outcome. - I have taken notice dont worry, and will re read the thread later for part of my "research" ;)

 

congrats it must be a fab feeling and that it really does matter that sometimes you must do what you feel right to pursue

 

Fab work and help as always given by everyone it just shows a little kindness restores faith in the human breed#

 

have a sunny weekend laters all angel x:)

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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