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Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Clarke

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Re: Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Cl

Postby discodave75 » Tue Jul 21, 2015 1:45 am

So just to clarify for info and gague opinions folks,

Do i stick with my original CPR, or go with Tiggy's?

Im wondering wether its worth coming upfront with the basis for dispute now, or take the line I'm considering off tiggys letter, establishing wether lowell/mckenzie/crapquest etc have the deeds as they will be responsible for PPI claims etc if they do - thats my plan of attack in the court defence -account dispute ignored under welcome finance due to PPI insurances and UTCCR and therefore account balqnce is incorrect and welcome had no right to sell, DCA's failed in duties to check and are responsible -no deeds no responsibility and therefore counter claim for bullying and harassment and damage to creditworthyness just for good measure
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Re: Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Cl

Postby discodave75 » Tue Jul 21, 2015 1:50 am

Iirc marlin, lowells, canot, these solicitors have all had a hand in, sure another firm also gets involved at some stage, would confusion over number of firms involved also be used in my favour? I havent a clie ho is actually responsible here (and therefore require the deeds!)
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Re: Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Cl

Postby discodave75 » Tue Jul 21, 2015 5:06 pm

Since yeaterday i have clocked 6 missed calls so far from 03331214454 which apparently is mortimer clarks phone number according to whocallsme.com
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Re: Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Cl

Postby discodave75 » Wed Aug 05, 2015 7:03 pm

Received in the post today. Two court papers claim forms from Mortimer Clark Solicitors and Cabot financial through CCbC Northampton issued 3rd August.

The letter i sent requesting CPR documents was signed for on THE VERY SAME DAY!

Hmm....

So i have 5 days from the date of issue plus 14 days to tick "defend All Of The Claim" then a further 28 days to file a defence.

I guess at this stage my defence remains to deny any knowledge of the debt, CPR letter filed with a 21 day limit and no documentation has been provided at this stage. Therefore i am unable to provide any defence in respect of the claim. Obviously i will see what happens within that time.

Thinking here - have i already got them for a tort of abuse of process seeing as tho the previous letter is NOT clearly and without doubt an LBA?
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Re: Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Cl

Postby discodave75 » Wed Aug 05, 2015 8:04 pm

Im thinking my line of defence is a, lack of documentation or b, account under legitimate dispute sold and resold and it is unclear who is responsible for resolving the dispute. Abuse of process as third parties have failed to check status of account which was in a legal dispute and as such any default, ccj etc cannot be legitimately awarded as figures are incorrect, inaccurate and made up of UTCCR charges and Mis-sold PPI insurances
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Re: Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Cl

Postby Tiggy » Wed Aug 05, 2015 9:25 pm

Did you send them the Pre Action Conduct letters within the timescales they pit in their letter before action? If so, you can apply for these claims to be stayed.

In the meantime you need to send a request for further information CPR 18 if claims are below £10k (one for each claim). See link below 5 posts down

viewtopic.php?f=5&t=86170&start=10#.VZ_B-YZ4WK1

Then you need to work on submitting your Defence which has to be submitted 33 days from issue date. There's one on here to adapt about 5 posts down, only for loans & credit cards NOT overdrafts. Add into it that you request the Originals of any documents upon which the Claimant intends to rely to be made available at any subsequent hearing.

viewtopic.php?f=5&t=87401&start=10#.VZ_BgIZ4WK1
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Re: Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Cl

Postby discodave75 » Wed Aug 05, 2015 11:23 pm

Thats the thing, its not clear on the letter its a LBA and there was no timescale given.

Edit - Ah, yes there was. 14 days on the back of the first page. However the response was indeed sent within 14 days. It appears the weekend pushes this to 19 days by the time the letters were signed for. Typical!
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Re: Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Cl

Postby discodave75 » Wed Aug 05, 2015 11:27 pm

Just had a look at that CPR18, looks good. Will give a week or so to see if i get a response from the original letter then send it off when i acknowlege service and defend all of the claim
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Re: Disco Dave vs Lowell/Cabot/Welcome Finance ->Mortimer Cl

Postby discodave75 » Sat Nov 17, 2018 6:04 pm

To update:-

Mortimer Clarke filed in court. I submitted the defence as above to which MC admitted not having the documents and would return to the originator creditor to obtain them.

Nothing.

3 whole years have passed.

Today I received a letter from MC. It says,

[Quote=Mortimer Clark]
We are solicitors acting on behalf of our client and are responsible for receiving your future payments.

We want to work with you to find a repayment plan that is fair and sustainable sp we have included an income and expenditure form ho helpnyou work out what is the most affordable plan for your circumstances.

If we don't hear from you, we will refer the matter to client for further instructions.

[/quote]

And very helpfully includes a financial recoed form for me to fill in

The last case is still sitting on Northampton CCBC for the last 3 years still awaiting the paperwork proving the debt is valid (which it isnt as the balance has significant PPI and interest added to that)

They must be desperate! XD

Obviously enticed the inexperienced office junior with a christmas bonus to push their luck. Think Im going to let them sweat this one out then if they file in court again Ill go for a counter claim for damages and abuse of process. Unless anyone wants to have a laugh with this one and give MC some grief on my behalf....

If you need any further info or docs posting let me know. Not sure if I still have the paperwork so gonna have a hunt on t'interweb and my HDD to see what i can find. Think I still have a CCBC log in....
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