Mortimer clarke & claimform for Egg Debt -***Settled by Consent/CCJ avoided***

[AndyOrch]

Just just check now that the court has sealed the consent and that the claim is stayed...then sit back and let them either approach you with view to settlement or if they wish to proceed.

 

You dont file a defence unless they lift the stay..then the claim proceeds.

 

Andy

[jcoop66]

Just just check now that the court has sealed the consent and that the claim is stayed...then sit back and let them either approach you with view to settlement or if they wish to proceed.

 

You dont file a defence unless they lift the stay..then the claim proceeds.

 

Andy

 

Thanks Andy.

 

 

It has been some time without hearing much, but to give n update:

 

 

The court returned the consent order as it wasn't signed by Mortimer Clarke. I sent a letter to Mortimer Clarke asking them to confirm that they are going to sign the consent order and send it to the court as they stated.

 

 

I have received a letter today from the court informing me that the deputy district judge has deferred the application. The deputy district judge has said that if we have come to an agreement then we should send a Tomlin order to the court, we haven't.

 

 

Is deferment a good thing?

 

 

I still haven't had any paperwork through to substantiate the claim. Oh and egg returned my CCA request saying the letter needed to be signed! They kept the fee though!

[AndyOrch]

Deferred is merely delayed jcoop.....obviously the DJ is not happy with the Consent Order and would prefer a Tomlin Order....consult the claimant and agree same by way of a TO and ask if they would sign it this time.

 

Regards

 

Andy

[Pipster2797]

I'm in a very similar position to this with the same mob and

the same story except I'm right at the start and just received the claim form

and don't want to start my own thread straight away as feel comfortable handling it.

 

What got me thinking with this though, is like mine,

the account is nearly SB and by you agreeing to the stay,

will that effectively override the SB?

i.e. SB will not count because the case has been stayed by the agreement of both parties?

 

My first thoughts with this mob were that tested the water with phishing letters

and people that ignored them got sent a claim

and they would be hoping people didn't respond so they got a judgement by default.

 

I now think that by staying the case's they will overcome the SB limitation.

What does everyone think?

 

I'll be keeping an eye out and watching for how your case progresses.

[dx100uk]

i'g be starting a new thread of your own

 

dx

[Pipster2797]

i'g be starting a new thread of your own

 

dx

 

Why?

 

I've said I'm comfortable with my own case and

 

I'm not posting about my case and

 

think the question I have asked is very relevant to the original poster.

 

I'm not trying to hijack the thread but merely offer a reason of why the claimant would be wanting to stay the case.

 

It may also be something that has been overlooked by the original poster and a bit like yourself I'm trying to help!!

 

The more minds the better!!

[dx100uk]

ok fine

 

wasn't sure

 

dx

[AndyOrch]

What got me thinking with this though, is like mine, the account is nearly SB and by you agreeing to the stay, will that effectively override the SB?

i.e. SB will not count because the case has been stayed by the agreement of both parties?

 

The clock stopped on the issue of the claim...stays have no effect...it only restarts if they discontinue or its struck out.

 

Regards

 

Andy

[Pipster2797]

The clock stopped on the issue of the claim...stays have no effect...it only restarts if they discontinue or its struck out.

 

Regards

 

Andy

 

So the claimant would benefit by the case not going ahead and it being stayed then? Because as you say the clock has stopped on SB and will not restart again until the case is discontinued or it's struck out. It will never become SB if the case continues to be stayed.

 

Whereas if the case continued and was then either struck out or discontinued the SB clock would continue and then become SB next year.

[AndyOrch]

Correct or the case could continue and you lose and get a CCJ so think before striking out or pursuing statute barred.

[jcoop66]

Hi all,

Sorry for not keeping this up to date.

 

(I hated reading incomplete threads ).

 

to give you an update:

 

all the Subject access requests, CCA request etc as advised.

 

They missed the deadline and wanted a stay while they tried to get the paperwork together.

 

Foolishly I agreed to this, but I also sent an email to the courts saying that they had no paperwork at all.

 

The judge didn;t like the "stay" and wanted an agreement in writing.

 

I send a letter to the claimant offering a very small settlement (in the hundreds) if they just finish the case now.

 

I did remind them that they had no CCA and the debt was unenforcable in court.

Now,I know I took the cowards way out, but

 

since getting the claim letter my nerves have been shot to pieces.

I am borrowing the money and settling the claim at roughly 5% of the claim value.

 

Having said that, since I signed the new agreement (with the setllement figure)

Barclaycard have written to me confirming that no paperwork other than statements is able to be located by them

 

.Had I been courageous / angry enough I may have won the case.

However, if getting in debt has taught me anything it is to be sensible.

 

The judge may have been one of those that I read horror stories about that would not have listened to me,

and even though my case was strong I may have lost.

 

I would rather not take the risk and just cough up.

 

Oddly, I feel I have let down the people on this forum.

By paying a settlement I have provided funds for them to torture more people and to extort money from them.

 

Sorry about that folks, but I was in no position to be a hero.

 

Good luck to any that get the same treatment.

If you can stomach the fight I would love to hear how you get on.

[AndyOrch]

Did you settle by consent then ? Did you avoid a CCJ?

 

Regards

 

Andy

[Louisamc107]

Jcoop, can you answer Andy's question please about the CCJ? I'm keen to understand the outcome. many thanks

[jcoop66]

Did you settle by consent then ? Did you avoid a CCJ?

 

Regards

 

Andy

 

Yes. CCJ avoided. Just waiting for them to reply whether I pay the solicitor or the claimant. Will be payment by consent.

[Louisamc107]

Yes. CCJ avoided. Just waiting for them to reply whether I pay the solicitor or the claimant. Will be payment by consent.

 

Great thanks for the update jcoop