Mortimer Clarke

by Cookiemonster2 Mon Jan 04, 2021 12:35 am

Hi Ive sent up to letter two to Mortimire Clarke, they sent me a so called reply form giving 30days, is it worth filling to request the documents I asked for in the 1st place with letter3?

by **Lopsum** Mon Jan 04, 2021 1:53 am

is this what you have asked for?

by **Mrblue2015** Mon Jan 04, 2021 7:57 am

Good morning.

Let's see if we can help. First, please answer the following questions very clearly:

1) Typically, this is a form that comes with a letter headed 'Letter of Claim'. Was that the case for you?

2) How much is the alleged debt for? Please do not state the exact amount and only round up to the nearest £1K.

3) Have you sent a Subject Access Request to the Original Creditor (OC) i.e. the company which first issued the credit card, or loan (NEVER to the Debt Purchaser)?

4) Once the alleged debt defaulted (i.e. when you received a Default Notice from the credit card or loan provider) have you EVER made a payment even for as little as a penny since and/or have you ever, in writing, acknowledged that the debt exists / that you owe a debt?

5) On what date was the Default Notice issued? Or, if you don't have this information, can you check a credit reference agency e.g. Clear Score (free) and locate the account against either the OC or Debt Purchaser and on there you'll find the 'Default End Date' e.g. 31/01/21

by **daveiron** Mon Jan 04, 2021 9:16 am

I would acknowledge their letter and tell them you rebut any and all
presumptions it may contain. Do not answer any of those questions,
if you look closely everyone refers to the debt
I personally never complete anything contained within a box inc government
forms. anything within a box is counted as a seperate document.

by waylander62 Mon Jan 04, 2021 12:16 pm

this is what accompanies a letter before claim so in essence they have begun the court process

be a little wary of not returning any of the forms because it is part of the pre action protocol.

where is the box that states you require more information because that is the ONLY one i believe you need ?

by **Mrblue2015** Mon Jan 04, 2021 12:28 pm

Yep I too am sure your form came with a Letter of Claim but we shall await your (cookiemonster2) responses to my 5 questions.

(And please also the question from Waylander62 i.e. his last paragraph)

Once we have these (6) answers, we can give you further support. For example, I will give you clear instructions on how to respond to a letter of claim / how to go about a Subject Access request.

by Cookiemonster2 Mon Jan 04, 2021 12:36 pm

It has box I: to request documents from them documents or infomantion. Do believe this is pre action protocol.

Have asked for deeds of assignment, OC note etc.. from them in 1st and second letter. defult notice cant rememberif I ever recived one. No have not requested Subject Access. Alledged debt is around 1k

by **Mrblue2015** Mon Jan 04, 2021 12:41 pm

I am not sure if you intend to add any more cookiemonster2?

I’ll happily respond when you answer 1 to 5. Please clearly provide your answers against 1), 2), 3), 4) and 5)

by Cookiemonster2 Mon Jan 04, 2021 12:55 pm

1, letter head is "letter of claim"

2, Alledge debt around 1k

3,have not sent subject access to OC

4, cant remember ever reciving a defualt notive, no not made payment scince

5, looked on Clear Score, just say defulted, Cabbot updated 2019 and all dates in 6 years prior are grey dots meaning no DATA.

by **Mrblue2015** Mon Jan 04, 2021 1:15 pm

Perfect much more useful to know.

I will get back to you later today to send you instructions as to how to respond to their Letter of Claim and a SAR to the OC.

If the debt is around the £1K mark I strongly suspect they won’t apply to the courts anytime soon as the amount is so little / it costs them to go to court etc. And so long as you follow my instructions etc properly (responding to a Letter of Claim) I think it will make them even less likely to take you to court.

We have seen many others on here succeed in fighting off these Mickey Mouse ‘solicitors’ and for greater amounts as soon as we start asking these ‘solicitors’ pressing questions for evidence....!

by Cookiemonster2 Mon Jan 04, 2021 1:16 pm

ok thatyou Mrblue, look forward to the instructions

by **Mrblue2015** Mon Jan 04, 2021 1:22 pm

You’re welcome

by **Mrblue2015** Mon Jan 04, 2021 1:32 pm

The Letter of Claim respond instructions will come later today. In the meantime, get a SAR over to the OC ASAP.

Obtain the best address for the OC and use that.

When you write to the OC make sure your letter / your envelope says “The Legal Department” at the top of their address.

The content of your letter will be as follows:

This is a Data Subject Access Request. Please supply all of the personal data you hold for me.

My name is <enter your name>.
My address is <enter your address>.
My previous addresses are <enter your previous addresses ESPECIALLY the one you had when you had an account with the OC>

Please supply all data held, within the one calendar month as per the DPA requirement.”

That’s it. Send it via Royal Mail signed for delivery and you’ll know when it has either been signed for or delivered.

Send using the Royal Mail Signed For service (approx. £1.90) That's really all you need, so just keep it simple.

by Cookiemonster2 Mon Jan 04, 2021 1:36 pm

waylander62 wrote:this is what accompanies a letter before claim so in essence they have begun the court process

be a little wary of not returning any of the forms because it is part of the pre action protocol.

where is the box that states you require more information because that is the ONLY one i believe you need ?

Box I

by **Mrblue2015** Mon Jan 04, 2021 1:41 pm

Can you upload the part of the form that includes ‘Box I’? Would be good for everyone viewing this post to see the exact wording Smile

by Cookiemonster2 Mon Jan 04, 2021 2:36 pm

by **Mrblue2015** Mon Jan 04, 2021 4:26 pm

Thank you. Perhaps Waylander62 might suggest a way to approach this now. I was about to propose the 'I dispute the debt' (Box D).

Waylander62: are you able to advise if / when you would choose:

Box D 'I dispute the debt' OR
Box I 'I need more documents or information'

?

by waylander62 Mon Jan 04, 2021 6:48 pm

i would suggest box I

it admits to nothing and is like saying " what ? i am not sure what this is all about can you please provide evidence of what you are claiming "

what i would also do is write on the lines underneath, please see separate letter(s) then send of an official CCA request and also request information that anybody would be entitled to see under the contract

staple it together and send to whoever sent you the letter before action.

what i would do.

by **Mrblue2015** Mon Jan 04, 2021 6:52 pm

Many thanks Waylander62, lesson learned!

Cookiemonster2: My next post will be the exact instructions you need to follow...

by **Mrblue2015** Mon Jan 04, 2021 7:06 pm

HERE FOLLOWS HOW TO RESPOND TO A LETTER OF CLAIM

You must reply within 14 days from the date shown in the Letter of Claim.

You must follow ALL 3 steps:

1. Filling out the solicitor's 'Reply Form':
From the 'Reply Form' that accompanies their 'Letter of Claim' form, under 'SECTION 4' tick BOX I 'I need more documents or information'. Where BOX I goes on to say "I need a copy of" enter the following text that I have highlighted in bold:

As per the Practice Direction Pre-Action Conduct and Protocols, please find enclosed TWO letters:
a) A formal demand for you to supply a true copy of the Consumer Credit Agreement plus associated Terms and Conditions in relation to the alleged debt, along with the £1 statutory fee (also enclosed).
b) A formal demand requiring you to provide additional evidence in relation to the alleged debt.

(DO NOT fill in any income and expenditure form if they also supply one of these and feel free to rip that up! Your finances are none of their business!)

2. Letters a) and b) - the 'enclosed letters'
For letter a) write a headed etc letter (i.e. your address / the date / the solicitor's address) and state the following text that I have highlighted in bold:

This is an official demand for a true copy of the Consumer Credit Agreement plus the associated terms and conditions in relation to the alleged debt, including the statutory £1 fee (please find enclosed), to be provided to me within SEVEN days of the date of this letter AND NO LATER.

(Also enclose a postal order for £1 with letter a) and on that postal order, ensure you write: payment for Consumer Credit Agreement request only.)

For Letter b) again write a headed etc letter and state the following in bold:

This an official demand requiring you to supply me with true, legible copies of ALL of the following documents in order for your client to evidence their claim to the alleged debt and to be provided to me within FORTY days of the date of this letter AND NO LATER: -

i) Any Default Notice served
ii) Any Notice of Assignment served
iii) Any Statements of account showing how exactly the alleged sums have become due
iv) The Termination Notice
v) The Sale Agreement / Deed of Assignment evidencing your clients title to bring a claim

OR for Letter b) you can use instead the template found here:
https://goodf.forumotion.com/t41-the-3-letters-process - scroll down to the section 'If things do go to court', starting from where the template says SENT BY RECORDED DELIVERY.

3. Photocopy all of the above i.e. the completed Reply Form, your enclosed letters a) and b) AND the postal order. These copies are for YOU to keep. Now send an A4 envelope containing the completed Reply Form, your letters and the postal order via Royal Mail Signed For delivery (better still, using their tracked service) ensuring the envelope gets to the solicitor BEFORE the 14 day deadline. I recommend you send off your envelope with one week to go at the very latest (don't risk leaving it too late!)

If you do NOT carry out the instructions above, they will likely issue a claim and then it gets harder (but not impossible) to fight...

by Cookiemonster2 Mon Jan 04, 2021 7:11 pm

ok thankyou guys

by Cookiemonster2 Mon Jan 04, 2021 7:12 pm

reading and writing carefully

by **Mrblue2015** Mon Jan 04, 2021 7:15 pm

Perfect, that's half the battle. Nothing worse than simply copying and pasting. Ask yourself why we ask what we ask in our response letters...

And you're welcome (we love a 'fight') Wink

Let us know as soon as you have sent this off and when you hear back from them.

In the meantime, also get your SAR off to the OC ASAP and stay organised / keep all letters / keep all postage receipts etc. All in good chronological order.

And relax / DON'T let it / these money grabbing low lives play on your mind.

by Cookiemonster2 Mon Jan 04, 2021 8:58 pm

do I sign and address this form as my name or 'of the family name?'

by **Mrblue2015** Mon Jan 04, 2021 9:08 pm

Just as your name. It's no longer time to use "of the family name" etc. as it's likely you'll lose credibility i.e. in the REAL world the (ignorant) courts won't recognise it...

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