mortimer clark/court claim/mbna

[diddydicky]

This lot are a bunch of monkeys in my opinion. Their aim is indeed for a CO. They will apply for the CCJ forthwith which of course if granted you won't have a snowball's chance of paying in full all at once and hence will default on which means they can then APPLY for the CO (it does not automatically follow that they will get it but that's another thread!!)

 

It doesn't sound like it will come to this judging by the state of their paperowrk but that's the way they're playing it and you need to look at the bigger picture just in case so that you can stay ahead of them.

 

If they get the CCJ forthwith, you need to find a way of either getting it set aside or getting it redetermined so that you can get an instalments based order which they currently cannot apply for a CO against unless you have defaulted on the instalments.

 

Keep fighting back though - they really don't like that

 

forthwith orders are usually used in commercial debts - if you have provided the court with I & E sheets and your offer of payments it would be a rare event for the court not to make an order for monthly payments

 

and even if they did make a forthwith offer you could immediately appeal it

 

obviously if you are going to offer 5 quid a month for the next 60 years you might end up with a forthwith order!!

[diddydicky]

there are then considerations such as other unsecured creditors since it would not normally be allowed for one of your creditors to seek security for his debt to the disadvantage of the others

 

if i were in a position before being taken to court and there was the slightest hint of a co being in the pipeline i might be minded to allow my brothers fathers butcher who lent me 20,000 a couple of years ago and who i have not paid back to take a second charge a bit quick

[moneyworries]

LOL!! Mortimer Clarke are trying to do the same thing with me at the minute but as yet there are no court claims (although seven days from their last letter is tomorrow so we'll see!!)

 

I think that where this lot are concerned it's best to cover all the bases as believe it or not they've somehow managed to win a few court cases recently. It would seem from this site that the law does not actually come into the equation if you work at Mortimer Clarke....

[diddydicky]

LOL!! Mortimer Clarke are trying to do the same thing with me at the minute but as yet there are no court claims (although seven days from their last letter is tomorrow so we'll see!!)

 

I think that where this lot are concerned it's best to cover all the bases as believe it or not they've somehow managed to win a few court cases recently. It would seem from this site that the law does not actually come into the equation if you work at Mortimer Clarke....

 

winning legal cases means nothing if you dont know what the quality of opposition was

 

Ie scared debtors not having a clue how to represent themselves, summary judgments etc

[Spamalot]

Hi there,

 

Just wanted to post the Assignment validation thingy...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/149916-notice-assignment-both-parties.html#post1587659

 

Hope it's helpful,

 

Spam.

[postggj]

like i said

 

mortimer clark are going for sumary judgement this monday

so this is what i throw back at them with the judge

 

DEFAULT NOTICE FROM ARROW DOES NOT HAVE THERE NAME AND ADDRESS ON THE NOTICE

 

CAN THEY PROVE WHEN THE DEFAULT NOTICE WAS SERVED BY RECORDED OR SPECIAL DELIEVERY, I AM ASKING FOR STRICT PROOF

 

DEFAULT NOTICE DOES NOT ALLOW ENOUGH TIME TO REMEDY THE BREACH

 

THEY HAVE TERMINATED THE AGREEMENT BEFORE THE TIME TO RECTIFY THE DEFAULT WAS UP

 

THE NOTICE OF ASSIGNMENT NEEDS TO BE SENT BY REGISTERED POST TO COMPLY WITH THE LAW OF PROPERTY ACT 1925, I WILL DEMAND TO SEE THE TRACK AND TRACE NUMBER

 

to sell an account to the likes of Arrow means that by design the account terminates as Arrow do not lend money so cannot continue the account if any default is remedied within the default time frame,

 

 

THE TERMINATION NOTICE HAS BEEN ISSUED UNDER SECTION 98 OF THE CONSUMER CREDIT ACT

 

SECTION 98 DEALS WITH THE TERMINATION OF AGREEMENTS WHICH ARE NOT IN DEFAULT

 

 

QUICK QUESTION A DEFAULT NOTICE IS DEEMED SERVED 14 CALENDER DAYS AFTER SERVICE

 

SO TWO DAYS AFTER SERVICE WOULD BE A SATURDAY

 

THE 14 DAYS WOULD THEN START ON A SUNDAY

 

CAN THIS BE RIGHT

I MEAN LEGAL PROCEEDINGS BEGINNING ON A SAT/SUN WHICH ARE NOT WORKING DAYS

 

JUST COVERING THE BASIS

 

WHICH EVER WAY YOU LOOK AT THIS, THEY ARE STUFFED

[B3rty]

Do they have a valid agreement?

[postggj]

Not Even Gone Over The Agreement Yet

 

Its Mbna From 2001

[Spamalot]

Despite it being a saturday... unless they can prove that the default was received in time for 14 day remedy they must allow 14 days + 2 days for 1st class and 4 Days for 2nd class post... unless they can prove how it has been sent they seem to be 1 day shy of the 14 days

 

Spam.

[postggj]

Hi Spam

 

Just Break It Down For Me

 

Default Notice Dated The 3rd

Two Days For Service Takes It To A Sat Thats The 5th

 

14 Days For Service Takes It To The 19th

Or Am I Missing Some Thing

[Spamalot]

Were there any unlawful charges on the account?

[postggj]

Looking Through His Paperwork

Yes There Were Charges So The Noa Is Out The Window

 

Any Coments On Post 60 Spam

[diddydicky]

Hi Spam

 

Just Break It Down For Me

 

Default Notice Dated The 3rd

Two Days For Service Takes It To A Sat Thats The 5th

 

14 Days For Service Takes It To The 19th

Or Am I Missing Some Thing

 

the date of the DN was (thursday) 3r July

 

it is considered served on Monday 7th July

 

you have then 14 days 8,9,10,11,12,13,14,15,16,17,18,19,20,21 in which to remedy the defect

 

21st being the last day and this means close of business on that day

 

they served the Termination on the LAST day (so depriving you of a day)

 

however it would be better if you could show from their records that

 

a/ they didint actually post it on the 3rd - OR

 

b/ it was sent second class

 

just to make the defective DN look more defective

 

that is why you need a SAR (which takes up to 40 days so you need to get your skates on)

 

hope that makes the date side of things clear

[Spamalot]

Hi Spam

 

Just Break It Down For Me

 

Default Notice Dated The 3rd

Two Days For Service Takes It To A Sat Thats The 5th

 

14 Days For Service Takes It To The 19th

Or Am I Missing Some Thing

 

Assuming it wouldn't actually get in the post until the 4th which is a Friday 2nd class wouldn't arrive before wed 9th + 14 days = 22nd

 

My original calculations were out cos I didn't realise sunday was in the middle of service time... they're 2 days short by my reckoning.

 

They're wrong anyway..

 

Spam.

[diddydicky]

You cant just ASSUME it didnt get into the post until the 4th- unless you prove otherwise it will be deemed to have been posted the day it was dated.

 

 

nor can you just ASSUME it was sent second class just to fit your argument - if you havn't kept the envelope you have to FIND OUT when it was sent

 

they ONLY way you can do that is from THEIR records

 

the only way you can access their records (before court) is to SAR them

 

No

[Spamalot]

Looking Through His Paperwork

Yes There Were Charges So The Noa Is Out The Window

 

Any Coments On Post 60 Spam

 

Yes....but too late diddy beat me to it.

 

The charges also render the default and termination defective if they have included them in the arrears and or full payment..

 

Spam.

[postggj]

Thanks For This People

 

What I Need Confirmed Is

 

Can Documents Be Served On A Saturday

 

This Was There Response To The Defence Ref The Default Notice

 

the Civil Procedure Rules Were Ammended On The 1 October 2008 However, Prior To That It Was Accepted That Documents Could Be Deemed Served On A Saturday

 

So If True And Not A Smoke Screen, Whats The Score

 

I Dont Want To End Up With Egg On My Face

[diddydicky]

Thanks For This People

 

What I Need Confirmed Is

 

Can Documents Be Served On A Saturday

 

This Was There Response To The Defence Ref The Default Notice

 

the Civil Procedure Rules Were Ammended On The 1 October 2008 However, Prior To That It Was Accepted That Documents Could Be Deemed Served On A Saturday

 

So If True And Not A Smoke Screen, Whats The Score

 

I Dont Want To End Up With Egg On My Face

 

you need to google the relevant legislation and find out

 

i still cant emphasis enough that yu need also to get the SAR request off

[postggj]

Thats The Prob

 

He Has Had His Head In The Sand

 

The Hearing For Summary Judgement Is This Monday

 

Is Pt Looking In For Confirmation

 

Ill Post The Agreement And Part Of The Defence In About An Hour

Scanner Knackered

[Spamalot]

Thanks For This People

 

What I Need Confirmed Is

 

Can Documents Be Served On A Saturday

 

This Was There Response To The Defence Ref The Default Notice

 

the Civil Procedure Rules Were Ammended On The 1 October 2008 However, Prior To That It Was Accepted That Documents Could Be Deemed Served On A Saturday

 

So If True And Not A Smoke Screen, Whats The Score

 

I Dont Want To End Up With Egg On My Face

 

To be honest... When it comes to CPR I thought it only related to court documents... service of a claim etc.

 

I didn't think a default notice was included in that but I could be horribly wrong...

 

Here is a link to CPR

 

CPR - Rules and Directions - Ministry of Justice

 

I don't have much time today but if you want to have a skim through you might find what you need.

 

Spam.

[Spamalot]

This bit might be the relevant section.

 

PRACTICE DIRECTION – SERVICE WITHIN THE UNITED KINGDOM - Ministry of Justice

 

Spam.

 

Just found the amendment..

 

Notes to Accompany – 1st October 2008 47th Update - Ministry of Justice

 

I think what you really need to discover is whether a default notice comes under these rules or whether it just relates to the service of court documents..

 

Sorry not much help.

Edited June 25, 2009 by Spamalot
adding link..

[diddydicky]

Thats The Prob

 

He Has Had His Head In The Sand

 

The Hearing For Summary Judgement Is This Monday

 

Is Pt Looking In For Confirmation

 

Ill Post The Agreement And Part Of The Defence In About An Hour

Scanner Knackered

 

the sar will come in handy later on down the line

[postggj]

 

 

[diddydicky]

well i'm not legally qualified but it seems to me that a default notice is not served under the CPR rules - and therefore is not covered by them

 

in any event the poster needs to see the PRE october rules s not the amended ones

 

i think this is a big con

[diddydicky]

is the copy of the agreement you have a s unreadable as that which is posted?