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    • Hi, we've received your message pointing out that this thread has received no replies and also asking us to delete it. First of all have to say that I'm very sorry that nobody has come back and commented on your letter – which looks very thorough and obviously because it appears that you've now had a result (according to your message) it has been very effective. Once again, I'm very embarrassed that you had no response to this thread. It's extremely interesting and I don't know why it has passed us by – except that everything is very difficult at the moment for everyone due to the crisis, and a rise in the number of problems been posted in other parts of the forum. You shouldn't have to do it of course, but I suppose that if we had received a contact message earlier pointing out that this thread needed attention, then we would have dealt with it. Once again, you shouldn't need to do that and I'm sorry. I'm afraid that we don't delete material. Everything contributes to the knowledge base and your circumstances seem to be so interesting they are especially useful to other people who might find themselves in the same position – and that's what makes our collection of stories here so useful. Finally, I have to congratulate you on the result. It would be very helpful if you would come and tell everybody exactly what has been agreed – and you think that it is a really fair result given the amount of time and trouble and embarrassment you have been put to. If we understand what has now been promised to you, we might be able to suggest some further move by you to claim some kind of compensation – but maybe you have managed that already. Once again, well done on having achieved a resolution of this problem. It's very good that you managed to get Vodafone to listen – most often they don't and that is one of the problems about this company. Please do let us know what happened
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Constantly troubled

Hillesden/DLC/Mortimer Clarke - Claimform - Blackhorse Loan***Claim Discontinued***

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no!

 

 

read it properly

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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No its your defence you are the defendant stating.....


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:lol:

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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form?

file it on mcol website..

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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All sent (via the website Andy) and I promise to update developments as they occur. Thanks for all your help, you truly are amazing :whoo:

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Just to clarify a thought that popped into my head. I haven't sent the CPR 31.14 request to the solicitor because I've already submitted a defence. Should I do that anyway?

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No harm....you can always refer to their none compliance in your witness statement ...if it gets that far.

 

Andy


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I have received a response from the solicitors as follows:

 

We have received your defence.

You have alleged that the claim is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

The six year limitation period runs from the latest date on which:

 

1. A payment was made towards the debt; or

2. The agreement was terminated; or

3. You acknowledged the debt in writing.

 

We are instructed that in this case the cause of actin accrued when the agreement was terminated on 27/08/2010. Therefore, proceedings were issued within the 6 year limitation period, and so the claim is not statute barred. If you disagree please set out the precise legal basis giving the date on which you believe the debt became statute barred.

 

 

This was also sent in response to the CPR request:

 

Thank you for your letter dated 22/1/2016

For the avoidance of doubt this firm does not hold documentation and we have passed the request to our client who may in turn need to liaise with the original creditor.

We have been instructed to place this matter on hold while we await further instructions from our client. While on hold we will not advance court proceedings any further.

 

 

In the same envelope, they also sent a letter stating that their client would like to offer a discount of 50% and avoid court proceedings!!

 

 

I completely plan to ignore them and wait for the courts to come back to me but thought you might like an update :lol:

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yep std letter sent to everyone that filed SB on these BH debts.

 

 

yep ignore them

you found cag!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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The claim form for this was issued on 13th January 2016 and I filed my defense on 21st January. Should I not have heard something by now or am I being too enthusiastic?

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You dont want to hear anything.....you will only hear something if the claimant wishes to proceed.


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Won't the courts write to say it's no longer proceeding? Am I right in thinking that their 28 days response time will have lapsed?

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They already have wrote to you when you submitted your defence and the court acknowledged it...it states the procedure therin if they don't respond.


We could do with some help from you.

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Update for anyone reading this in the future.

 

 

I completely ignored Mortimer Clarke and just sat tight.

 

 

Yesterday, I received notification from them that they are no longer pursuing the claim.

Apparently their client does not wish to proceed. :)

 

Not a massive debt but another small victory against the DCA's.

 

Thanks for all your help. I couldn't have done it without CAG.

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Excellent

 

Now check with the court to see if they have filed a discontinuance with them


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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hey great news

glad we helped

 

 

dx

 

 

 

 

 

 

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Please help.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Will show on the website or will I need to call them?

 

Thanks

 

Also, can someone amend the header, I can't see how I can do that myself?

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Ring the courts to be on the safe side


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Will show on the website or will I need to call them?

 

Thanks

 

Also, can someone amend the header, I can't see how I can do that myself?

 

Great News....and thread title amended as requested.

 

Please consider making a donation to help us help others.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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I already donate monthly :madgrin: I could never have done what I have without the invaluable help of this site.

 

I have no doubt I'll be back soon :lol:

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:yo: Many thanks.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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