• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

ME111 mortimer solicitor letter

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • ME111 mortimer solicitor letter

    I have a claim form with a county court stamp from ME111 as claimant refering to a credit card issued 08/07/1999. In breach of the agreement the defendent failed to make minimum payment due and the agreement was terminated. The agreement was assigned to the claimant on 20/08/2010.
    THE CLAIMANT THEREFORE CLAIMS: 2455.36
    Interest pursuant to section 69 of the county court act 1984, namely 857.35 & continuing until judgment or sooner payment at the rate of 0.54.

    I left the UK in 2007 and returned in 2012 and have had no contact from anybody during that time.

    What should I do? Should I fill in the dispute section of the claim form?
    Tags: None

  • #2
    Re: ME111 mortimer solicitor letter

    Originally posted by drovers View Post
    I have a claim form with a county court stamp from ME111 as claimant refering to a credit card issued 08/07/1999. In breach of the agreement the defendent failed to make minimum payment due and the agreement was terminated. The agreement was assigned to the claimant on 20/08/2010.
    THE CLAIMANT THEREFORE CLAIMS: 2455.36
    Interest pursuant to section 69 of the county court act 1984, namely 857.35 & continuing until judgment or sooner payment at the rate of 0.54.

    I left the UK in 2007 and returned in 2012 and have had no contact from anybody during that time.

    What should I do? Should I fill in the dispute section of the claim form?
    Welcome to LB
    Your first step should be to acknowledge service which you can do online. :typing: State your intention to defend the claim in full. You have 14 days from date on claim (+ 5 for service) to acknowledge, then a further 14 to submit a defence.

    Normally people would send a CCA request to the account owner (Marlin Europe) and a CPR request to the solicitors (presumably Mortimer Clarke) as noted here: http://www.legalbeagles.info/forums/...it-Court-Claim

    Having said that, if no payments of written acknowledgment have been made since 2007, the account would be statue barred and you could just use that in your defence. :thumb:

    Comment


    • #3
      Re: ME111 mortimer solicitor letter

      Originally posted by FlamingParrot View Post
      Welcome to LB
      Your first step should be to acknowledge service which you can do online. :typing: State your intention to defend the claim in full. You have 14 days from date on claim (+ 5 for service) to acknowledge, then a further 14 to submit a defence.

      Normally people would send a CCA request to the account owner (Marlin Europe) and a CPR request to the solicitors (presumably Mortimer Clarke) as noted here: http://www.legalbeagles.info/forums/...it-Court-Claim

      Having said that, if no payments of written acknowledgment have been made since 2007, the account would be statue barred and you could just use that in your defence. :thumb:

      Thankyou for the welcome and your swift response :thumb::thumb:

      With my limited knowledge I would think that statue barred due to no contact for 7 years, but how do I word that in my defence/ response? Do I need to use any quotes or any thing.

      thanks again.

      Comment


      • #4
        Re: ME111 mortimer solicitor letter

        Originally posted by drovers View Post
        Thankyou for the welcome and your swift response :thumb::thumb:

        With my limited knowledge I would think that statue barred due to no contact for 7 years, but how do I word that in my defence/ response? Do I need to use any quotes or any thing.

        thanks again.
        You'd just submit the following as your defence:

        The claimant’s claim was issued on the [DATE ON CLAIM FORM].

        The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

        The Claimant's claim to be entitled to payment of £2455.36 or any other sum, or relief of any kind is denied.
        If you're positive there's been no acknowledgment or payments, you can submit the SBd defence straight away. :ranger:

        Comment


        • #5
          Re: ME111 mortimer solicitor letter

          On the claim form issued by ME111, particulars of claim it states that- The agreement was assigned to the claimant on 20/08/2010. They may of made an agreement between themselves but I have not seen or had any correspondence since 2007.

          Comment


          • #6
            Re: ME111 mortimer solicitor letter

            As they are claiming the agreement was asigned on 20/08/2010 can I still claim statue barred? as 6 years are not up from then?

            Comment


            • #7
              Re: ME111 mortimer solicitor letter

              Originally posted by drovers View Post
              On the claim form issued by ME111, particulars of claim it states that- The agreement was assigned to the claimant on 20/08/2010. They may of made an agreement between themselves but I have not seen or had any correspondence since 2007.
              Originally posted by drovers View Post
              As they are claiming the agreement was asigned on 20/08/2010 can I still claim statue barred? as 6 years are not up from then?
              Statute barred is 6 years without payments or written acknowledgment, assignment doesn't make any difference since it's a transaction that doesn't involve you at all. :thumb:

              Comment


              • #8
                Re: ME111 mortimer solicitor letter

                Originally posted by FlamingParrot View Post
                Statute barred is 6 years without payments or written acknowledgment, assignment doesn't make any difference since it's a transaction that doesn't involve you at all. :thumb:
                I have received notice from Mortimer Clarke solicitors claiming I did not complete the signature or name boxes and therefore my defence contains no truth.

                they are also claiming the 6 year limitation period runs from the latest date on which;
                a payment was made
                the agreement was terminated
                or I acknowledged the debt in writing.

                in this case they claim the agreement was terminated on 18th January 2010 and is not statue barred.

                what can I reply for this? Is it correct?

                Comment


                • #9
                  Re: ME111 mortimer solicitor letter

                  Also can I reply by email to their info email address? Would this count as signed or do I have to do it in writing?

                  many thanks for all help

                  Comment


                  • #10
                    Re: ME111 mortimer solicitor letter

                    Did Mortimer Clarke sign their claim form as a person or as Mortimer Clarke ?.... ie. two can play at that game - see CPR PART 22. I'd be tempted to mention that in response to them.

                    But yes you should have signed your defence. Why didn't you? Did you submit it online and via the claim pack forms?

                    Anyway yes sign it with the statement of truth and send a replacement copy to both Mortimer Clarke and the Court. Give the court a buzz and say you realise you forgot to sign the defence and is it ok just to sign it and send it over.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: ME111 mortimer solicitor letter

                      It has a printed Mortimer Clarke style hand written signature.

                      as far as I am aware I did sign it, maybe it needed 2 signatures, shouldn't they of sent it back? How do I get another copy to sign?

                      Comment


                      • #12
                        Re: ME111 mortimer solicitor letter

                        Give the court a call and ask them if your defence is signed as the claimant is saying it isn't and what you should do about it if not.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: ME111 mortimer solicitor letter

                          Many thanks Amethyst and flaming parrot, I have called the court and asked them to return the original or send me a copy so I can check what is missing.
                          i will update when I receive it and future outcome, hopefully positively

                          Comment


                          • #14
                            Re: ME111 mortimer solicitor letter

                            The latest response from Mortimer Clarke.

                            We note your assertion that limitation runs from the date the agreement is terminated, We would respectfully disagree. The case of BMW Financial services (gb) ltd v hart (2012) EWCA civ 1959is authority for this point. In that case it was held that the limitation period runs from the date of service of the termination notice or creditors acceptance of debtors repudiation of the contract.The creditor accepts the debtors repudiation of the contract by terminating the agreement. The limitation can therefore run from the date of termination of the contract.
                            If you disagree would you please provide us with the legal basis for your dispute.
                            The only issue raised in your defence was limitation. If you still believe the claim is statute barred kindly advise us accordingly, giving us the date you believe limitation runs from and the legal basis for this.

                            SO, if anyone can please advise me what to do I would be most gracious.

                            Thanks for reading.

                            Drovers.

                            Comment


                            • #15
                              Re: ME111 mortimer solicitor letter

                              Can anyone help me with this please? I was led to believe I could claim statue barred but mortimer clarke are saying this is not the case.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X