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claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'


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You must acknowledge service by the 1st September (19 days from the date the date being day 1) and defence will therefore be 15th September.

 

Go to the legal library and look for CPR 31.14 (Current Account version) and get that away today.How long is it since you made any deposits to this account?

Have you now isolated this account and set up a fresh banking facility?

 

Regards

 

Andy

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Makes no odds its the claimant (name) on the claim form that matters....have you sent the CPR to MC? Who were the original Sols named on the summons?

  • Haha 1

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Yes, I sent the CPR to Mortimer Clarkes Solicitors, address in Worthing, although should that have been to Cabot instead who are based in Kent as they are listed as the claimant on the claim form? neutral.gif The address for sending documents and payments on the claim form has listed Mortimer Clarke solicitors.

 

Yes thats correct...to the Solicitors

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  • 4 weeks later...

MCOL does not show anything apart from acknowledgement and defence then it ends as the claim is transferred out to your local county court.

 

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Andy

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  • 2 years later...

So whats the N244 application for and whens that dated ?

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Thought so ...you did have 7 days to set this aside and submit a defence...given that the order is dated 10th August....7 days is to day...what day did you receive the court order ?

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ah ok, you've got a bit of time to object (with reasons) to the judgment order then.

 

It would have to be sharpish Ford and of course a valid reason and defence ?

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Obviously not that bothered logged off after my post.

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Set a sides require a hearing..you can claim the fee back and your costs if the application is successful.

 

Dont forget to draft an order to attach to the N244

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As the claim was issued – 14/08/14 and you think your last payment to your loan from this account was 2012...then Im not sure how you can consider it to be statute barred functions ?

 

" I made nominal payment of a £1 towards this debt back in 2012 but nothing since."

 

The claim stopped the clock with regards to limitations

 

 

 

Andy

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The issuance of the court claim suspends time running with regards to limitations and the stay holds it until its either set a side or discontinued/withdrawn then the clocks restarts

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I can only assume the differing sums will be section 69 Interest added to the judgment (8%) up until judgment.You can make application to vary the forthwith payment to monthly by submitting the N245 (See Legal Library fee is £50)

 

Downside is the CCJ will be registered and remain on your CRAs for 6 years.....paying it in full by the date stated will remove it completely.

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Well a court can award anything up to 8% on top of a judgment...may be 3 in this instance

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In all honesty functions you are about 3 years too late with all this...you should have submitted your defence in 2014...you cant back peddle so may as well take my advice in post#48 or pay it in full by the date stated.

 

Andy

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It would be a waste of the application fee £255 and believe me we despise losing to this crew as much as you...but 3 years on would be flogging a dead horse.

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