Mortimer Clarke notice of discontinuance

[bloo]

Hi,

A little advice pls..

 

brief outline of my case,

 

received notification from mortimer clarke solicitors concerning an alleged debt from a pre 2006 loan with northern rock..

 

. fired off a CCA request and didnt receive a reply

 

until court proceedings arrived some 4 weeks later..

 

. sent failure to respond to CCA letter and filed defence stating that account was in dispute.

 

.. have just received apology from mortimer clarke and a notice of discontinuation..

 

my question is

 

will any future court claim be unlikely or will it make no difference to any further claim ?

[dx100uk]

if this does not show on your credit file

 

its now statute barred?

 

dx

[bloo]

Hi,

thanks for quick response, sorry my post was a little vague.. i fell into financial trouble 2009 and made reduced payments to northern rock until 2011 when they off loaded me onto a DCA. I havent aknowledge debt with them, which is why they issued court proceedings. now this action has been withdrawn, if they do manage to locate my signed credit agreement will they be able to start fresh court proceedings againts me for same debt ? cheers

[BRIGADIER2JCS]

Hi was this a secured loan?

Not Statute Barred as payments have been made.

Yes if they " discover" the agreement and it is compliant then proceedings can be started again, the discontinuance does not affect this as no hearing/judgement exists.

 

 

Which DCA is concerned here?

[andydd]

But they will have to ask courts permission to start again, as per CPR 38.7, I assume if they did start again without asking, you could apply for it to be struck out.

[bloo]

Hi was this a secured loan?

Not Statute Barred as payments have been made.

Yes if they " discover" the agreement and it is compliant then proceedings can be started again, the discontinuance does not affect this as no hearing/judgement exists.

 

 

Which DCA is concerned here?

Hi, its our friends Marlin and loan wasnt secured.