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Cabot/Mortimer old stayed Claim - Yorkshire Bank overdraft - Threat of lift Stay/ Summary Judgement


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Thanks for re-opening.

 

I've just had some more letters from Mortimer Clarke recently and just looking for a bit of advice if possible. Until a few weeks ago, the last letters I received off them were in August (which prompted this thread), and then a very similar one in December. I ignored these and heard nothing for months.

 

I received a letter on 24/07 referencing the letter from August last year, and asking to set up an arrangement or that the next step is for them to apply to lift the stay. 

 

At this point I replied a couple of weeks later with a very low settlement offer (£150 - without prejudice) just to try and get this wrapped up and move on. This was rejected in the letter from 14/08, although they did offer a 25% discount.

 

I then didn't reply to this latest letter and got another reminder on 27/08- the general message is they still want to set up an arrangement, but that the next steps are still to lift the stay on proceedings. This letter is slightly different though as it mentions they will would be requesting summary judgement.

 

I'm not too sure where to go from here so any advice would be welcome - I don't know my chances of successfully defending the claim (FOS rejected my complaint)? If I have no chance then is it best to negotiate an arrangement? I've been trying to look at the summary judgement process - does this mean I have no representation/chance to defend it? Is there a chance that the judge won't let them lift the stay on the case after all this time (I believe it was stayed around April/May 2017, then docs provided August 2018) - is it reasonable to re-open it after all this time? Thanks for any advice - the latest letters are attached (24/07, 14/08 and 27/08).

 

 

EDIT - I can't upload the letters to the message (error message ***filepath*** could not be created. Please contact us for assistance.) The PDF with the letters is viewable here if needed: https://docdro.id/lrNi0w6

 

 

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Don't respond...wait and see if they make application .....they have had plenty of time to make one and yet still threatening.25% discount simply reduces the court fee and sols fee not the debt...which is all bank charges and self created by the OC.

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court will write

 

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 , there would be a hearing anyway for this type of application and you can submit your own statement in opposition to application

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 Topic please PM me a link to your thread

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  • Andyorch changed the title to Cabot/Mortimer old stayed Claim - Yorkshire Bank overdraft - Threat of lift Stay/ Summary Judgement

next time

don't respond

only makes them think they have some magical powers ..

 

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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