Marlin/Mortimer claimform - Shortfall of Credit acceptance Corp uk car finance, **Claim Discontinued***

[LorryMan]

Thanks for your advice theoldrouge, I've just tried to PM andyorch but for some reason it wont let me send any messages.

[AndyOrch]

Take a look shortly LM.

 

 

Regards

 

 

Andy

[LorryMan]

Take a look shortly LM.

 

 

Regards

 

 

Andy

 

 

 

 

Cheers Andy, I appreciate it.

[AndyOrch]

Apologies LM I got sidetracked.

 

 

Ok the defence you propose is rather dated and screams debt avoidance apart from your own input that you have added.An initial defence should be short.... accept..or agree or refute...don't expand.Put the claimant on notice that you will challenge and request proof of their claim.

 

 

Have a look at the slymon thread I have posted him an example and he has edited it to suit his claim.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?413578-MKDP-court-claim-on-2001-HSBC-loan-please-help/page3

 

 

Regards

 

 

Andy

[LorryMan]

Apologies LM I got sidetracked.

 

 

Ok the defence you propose is rather dated and screams debt avoidance apart from your own input that you have added.An initial defence should be short.... accept..or agree or refute...don't expand.Put the claimant on notice that you will challenge and request proof of their claim.

 

 

Have a look at the slymon thread I have posted him an example and he has edited it to suit his claim.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?413578-MKDP-court-claim-on-2001-HSBC-loan-please-help/page3

 

 

Regards

 

 

Andy

 

 

 

 

Hi Andy Thanks for your advice, Can you take a look at my revised defence and let me know if it's ok.

 

 

All the best,

LM

[AndyOrch]

Far better ...I personally wouldn't add the last paragraph...if they do disclose you simply make application to amend your defence.

 

 

Regards

 

 

Andy

[LorryMan]

Far better ...I personally wouldn't add the last paragraph...if they do disclose you simply make application to amend your defence.

 

 

Regards

 

 

Andy

 

 

 

 

Cheers Andy, I will delete the last paragraph as you suggest.

[LorryMan]

Defence is filed. Checked with Northampton CC who confirmed everything is ok and filed on time. Not sure what to do next, do I just wait until I hear from court with a date. Is there something I can do in the meantime to prepare for the court appearance.

[AndyOrch]

They now have 28 days to respond so until you know if they wish to there is little to be done...if they don't respond the matter is stayed.

[LorryMan]

Cheers Andy,

Sorry for all the questions but does stayed mean, just put on hold until they respond.

[AndyOrch]

Cheers Andy,

Sorry for all the questions but does stayed mean, just put on hold until they respond.

 

 

Yes.

[LorryMan]

Just a quick update, received an email from Mortimer Clarke agreeing to allow extra 28 days for filing a defence. The problem is I received it a day after my defence deadline. Do you think this was intentional hoping I wouldn't make the deadline and they could get a judgement by default, or am I just thinking too much. Either way the defence was filed on time so all is fine.

[LorryMan]

Hi all,

Hope everyone had a god new year.

I've just received a letter from MK sols stating they have received my defence, and have sent me copies of docs that they have sent me before, Stating that There is no default notice as CAC(uk) issued a notice pursuant to s(98)(1) cca1974 which is the duty to give notice of termination on non default cases.

They also claim that their client has complied with my s79 request and sent me another copy of the agg. However this is the same copy posted at the beginning, still with no t&c's attached, even though the agg makes reference on two occasions to the t&c's overleaf.

Am I correct in assuming that with no t&c's their client is still in breach of my s79 request.

They conclude by saying that "their client does not consider that I have a valid defence and if I wish to continue with my defence please explain the precise legal basis for this". Otherwise I should withdraw my claim and invite me to put forward payment proposals to their client.

[AndyOrch]

If it does not contain the T&Cs from inception a copy of the current statement balance and a copy of the Ombudsman handbook then they are still in default.

 

 

"They conclude by saying that "their client does not consider that I have a valid defence and if I wish to continue with my defence please explain the precise legal basis for this". Otherwise I should withdraw my claim and invite me to put forward payment proposals to their client."

 

Its not for them to judge the defence a Court will preside over that and you do not have to justify its legal basis pre trial...of course they want you to withdraw the defence it costs them further expense to proceed with allocation.

 

You can respond to them in your Witness Statement ...if it gets to that stage and they pay the fee....that their attempt of complying with your CPR request failed miserably.

 

Regards

 

Andy

[LorryMan]

Cheers Andy, thanks for the clarification.

 

 

LM.

[LorryMan]

Hi all,

I have now received notice of proposed allocation to the fast track, and N181 to complete from Northampton CC.

I have also received a letter from MC sols with draught proposed directions for me to agree to or propose alternative suggested directions.

 

 

They also remind me that their client does not think I have a valid defence and invite me to complete a statement of means and put forward proposals.

 

 

They conclude by saying that if they do not receive the signed draught/suggested directions or a completed statement of means form within 7 days they have been instructed to make an application on notice for summary judgement.

 

 

The proposed directions seem pretty standard, I have to go out now but will post them up when I get back for any advice.

 

 

Thanks LM.

[AndyOrch]

Hi

 

Yes it is pretty standard stuff but beware of the threat of Summary Judgment (CPR 24)...keep an eye open if they do make application...they should confirm if they have on their completed DQ?

 

Regards

 

Andy

[LorryMan]

Hi I have just attached the proposed directions for me to sign and return if I agree with them. as I said earlier it all seems pretty standard but would be greatful if someone could take a quick look and give me their opinion.

Just one thing i'm not to sure about. In paragraph 2 they say about serving all docs relied upon 14 days before. I'm not sure what they refer to when they say (These should include the letter making the claim and the reply.)

 

 

Thanks LM.

[AndyOrch]

Its just a duplicate of the Directions in your Notice of Allocation...set by the DJ... not the Claimant.

 

Andy

[AndyOrch]

Responding to your PM

 

That fact they remain in default of your section 77/78 has no bearing on mediation...all parties are expected to participate...unless of course you have either payed it since the claim issued or its a case of mistaken identity.

 

Your defence I assume requested proof and disclosure of the agreement and as the claim proceeds they will have to disclose said agreement at Standard Disclosure (as per your Directions you have just posted) or at the conclusion (trial).

 

Dont chase or remind they are aware of your request and of your defence.

 

Regards

 

Andy

[LorryMan]

Cheers Andy for the clarification.

 

 

LM.

[LorryMan]

Just a quick question. on the DQ question J other information asks if I intend to make any application in the future. not sure what to put. if I put no, will it prejudice me later if I ask for the case to be struck out because they still haven't or can't supply the T&C's from my S79 request. I notice on Mortimer clarkes DQ which they have served me with, they have left the question blank.

 

 

Thanks for your advice

 

 

Regards

LM

[AndyOrch]

Then you leave it blank.

 

Regards

 

Andy

[LorryMan]

Just a quick question do I serve the DQ on MC Sols or MCE Porfolio.

 

 

Thanks,

LM

[AndyOrch]

On the Solicitor representing