Marlin/Mortimer claimform old Northern Rock 'debt'

[thered]

It does not show on MCOL if the claim is stayed (which it will be) MCOL finishes once a defence has been submitted.

 

Andy

 

Thanks Andy so just leave it then ?? or unless order

[AndyOrch]

Unless what?...... Its the claimant prerogative if they wish to proceed or not....a stayed claim means nothing.

[thered]

It does not show on MCOL if the claim is stayed (which it will be) MCOL finishes once a defence has been submitted.

 

Andy

 

ty shall i go with an unless order then or leave it?

[thered]

sorry about the last post dont think my browser had refreshed properly

 

I thought an unless order could be used as a way of this never being dug out again

[AndyOrch]

What is an unless order? see post#77

[thered]

I believe you pay for it and its along the lines of UNLESS you provide what i want within xx days the claim is struck out

[AndyOrch]

Wish it was that simple thered....we wouldn't need solicitors:wink:

 

I think it runs more like the following........you make an application using the N244 (fee £155) and you complete the application asking the court to lift the stay and order the claimant to disclose certain documents...the same ones they will be disclosing anyway once and if the claim proceeds at Standard Disclosure and if they dont...comply within xx days the claim be struck out (on what grounds Im unsure because they only have to disclose if they wish to proceed and later in proceedings...correct so far?

 

Court send application to Claimant and orders an hearing to discuss your application...claimant sends a Barrister (his fee is £700 for the day) plus the claimants costs for preparation for hearing.

 

The hearing proceeds and the court issues directions (the ones they would have issued anyway if the claim had not been stayed) the claim is proceeding and now you have your trial date.Claimant discloses all paperwork required to at Standard disclosure......courts asks you what do you wish to state in support of your defence.?

 

So your application with costs has now added nearly 1K extra to the debt...the claim is proceeding...they have disclosed the documents and you face trial in 2 weeks.

 

Not better to leave it stayed?

 

Regards

 

Andy

[thered]

Wish it was that simple thered....we wouldn't need solicitors:wink:

 

I think it runs more like the following........you make an application using the N244 (fee £155) and you complete the application asking the court to lift the stay and order the claimant to disclose certain documents...the same ones they will be disclosing anyway once and if the claim proceeds at Standard Disclosure and if they dont...comply within xx days the claim be struck out (on what grounds Im unsure because they only have to disclose if they wish to proceed and later in proceedings...correct so far?

 

Court send application to Claimant and orders an hearing to discuss your application...claimant sends a Barrister (his fee is £700 for the day) plus the claimants costs for preparation for hearing.

 

The hearing proceeds and the court issues directions (the ones they would have issued anyway if the claim had not been stayed) the claim is proceeding and now you have your trial date.Claimant discloses all paperwork required to at Standard disclosure......courts asks you what do you wish to state in support of your defence.?

 

So your application with costs has now added nearly 1K extra to the debt...the claim is proceedings...they have disclosed the documents and you face trial in 2 weeks.

 

Not better to leave it stayed?

 

Regards

 

Andy

 

I take your point i thought as they have not provided certain docs they would not be able to fight the case and they would just call it a day rather than waste money.

[AndyOrch]

If its stayed then they either cant get the documents or its not financially viable to litigate (because you submitted a defence)...but which one and is it worth the gamble?...a stayed claim in nothing...only if it proceeds to trial do you start fighting it.

[thered]

sound advice i think, makes sense you see that much different sometimes its hard to know which route to follow and sometimes there is more than 1 way to skin a cat, just suppose there is always the chance it may get lifted

 

thanks for the replies as always much appreciated

[thered]

Update

 

Mortimer Clark have written 2 letters one saying they do not agree with my defence and sent paperwork saying they have agreement ect, but no default or termination notice and whatever else i wanted. Not sure if clutching at straws

 

The next letter is a reduced settlement of about 1/3, with reference to court. Its still higher than the original alleged debt though

 

good sign??

[AndyOrch]

Means nothing unless they intend to proceed thered.

 

Andy

[thered]

Means nothing unless they intend to proceed thered.

 

Andy

 

Il take it that atm they don't because they have sent me nothing they had not already.

 

Interestingly or not looked on mcol and theres nothing now says something like claim unsubmitted. I could view it before

[AndyOrch]

I believe that is in connection with recent software changes applied at MCOL....once a defence has been submitted the claim is blocked.(Barred)

[thered]

I believe that is in connection with recent software changes applied at MCOL....once a defence has been submitted the claim is blocked.(Barred)

 

 

Cheers Andy i think that makes sense with regards to claim il take it as no news is good news as they sent nothing they did not originally send.