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    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
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Cabot/Mortimer Claimform - old EE 2012 mobile debt


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Hello need some help with a CCJ letter received today from Mortimer Clarke,

for what they say is a 2012 mobile phone account with EE that I can not remember ever having.

 

I have had previous letters but not knowing what they were for just ignored them.

 

It say I have 14 days to reply to the court letter or pay in full with their 75 pound charges on top

what can I do.

Regards

Jdene

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its not a CCJ nor a letter from MC

its a court claimform pack from northants bulk

 

 

please complete this:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

moved to legals

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you I will get the form filled by the weekend and return it, I can not remember having any account with EE, and definately not with any Mortimer Clarke.

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You have 33 days to deal with the court claim...its not a letter.....dont be completing it and sending it back this weekend..please complete the link above telling us the details of the debt and claim and then we can advise you how to deal with it.

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 OTHER

 

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

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

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In order for us to help you we require the following information:-

 

Claimant : ME IV Limited 16-22 Grafton Road [Cabot]

 

Date of issue – 30 June 2017

 

What is the claim for –

1. By an agreement between Everything Everywhere RE EE & the defendant dated 18/04/2012 ('the agreement')Everything Everywhere RE EE agreed to issue the defendant with credit relating to a mobile telephone.

2.the defendant failed to make the minimum payments due and the agreement was terminated.

3.The agreement was assigned to the claimant.

THE CLAIMANT THEREFORE CLAIMS

1. 294.53

 

What is the value of the claim? 294.53

 

The claim Is the claim for - a mobile phone account?

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The account has been assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment? No did not know about any assignment or letter of assignment.

 

Did you receive a Default Notice from the original creditor? Not that I am aware of

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Cannot remember having an account with EE

 

What was the date of your last payment? Don't Know

 

Was there a dispute with the original creditor that remains unresolved? Don't Know

Did you communicate any financial problems to the original creditor and make any attempt to enter into a ? Can not remember

 

Hello spent an hour trying to fill in the details on the link but it keeps saying there are errors and wont post.

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is that the POC as verbatim?

do they not mention s 69 interest?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

unusual. that's typically why they wait almost 6yrs

 

 

well EE aren't creditors so they couldn't of have issued credit

so the POC is utter twaddle.

 

 

issue the defendant with credit relating to a mobile telephone.

 

 

didn't ever have an orange mobile account did you or SIM card?

 

 

never mind

lets stick to tried and tested protocol.

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Well had a reply today a bit strange but this is what it says.

We acknowledge your request for documentation pursuant to CPR 31.14,

CPR 31.14 relates to a right to inspect a document and can be distinguished from

standard disclosure of evidence during the course of proceedings.

 

 

We believe that you may have already "inspected" the documents to which you

make reference because on various dates in the past they would have been sent to you

by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your position

or control relating to this matter to avoid duplication over document inspection.

We will then take our clients instruction.

 

 

They actually want me to do them favours, and I don't have any information on this and can not remember ever having any.

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std reply if you go read like mobile claimform threads

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

you ignore the letter

 

 

the holding/no paperwork defence is on 1000's of threads here

you'll be using that later

go read!

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

you should already know that from the link you filled out

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I need to get this written up and sent first class Monday, I have read the forums but still could do with a hand with the wording to put on the form, do I just respond that I request to have the claim struck out as the solicitors have failed to provide any paperwork relating to the alleged debt ?

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Lots of mobile claim form threads here already

Find the no paperwork/holding defence

And copy it here

Adjusting it to your case

 

And well check it over

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes by day 33 on mcol read that link you answered the questions from

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Had letter back from the court,

they are sending my defence to them and they have 28 days to respond or the case will be stayed,

not expecting them not to respond but it gives me breathing space.

 

Thanks for the help up to now I expect I will need more before this is sorted lol

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so we have it documented

can you post up the defence you used please

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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