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Moon phases


Cabot- is there a realistic chance to fight them?

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Post by Mrblue2015 on Mon Apr 29, 2019 12:58 pm

@mitch wrote:Did they also agree to remove their entry from your credit file?

Hi Mitch! In my experience (inc. what I've seen and read on other posts - old and new GOODF) that's never happened. They might not be able to evidence any alleged debt, but they're happy to at least leave us with some sort of 'pain (poor credit report) until Statute Barred). B@ggers.
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Post by Jimmyjack on Thu May 23, 2019 11:59 am

Great thread with tonnes of brill knowledge ... well done annap on sticking up to these scumbag bullies. shame you can't take out a claim against the DCA for stress caused by their poor attempt at a court case.
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Post by annap on Sun Jun 30, 2019 2:23 pm

Hi everyone,
So... Mortimer is back. Yesterday, I have received a letter in which that say I didn't make my monthly payments that was ordered by the court apparently a few months ago(???), therefore it is now overdue and if I will not pay in the next 7 days they will apply for my wages to be garnished??? They refer to the same claim number that has been discontinue. I have a written confirmation from a few months back from the court that the claim Mortimer is referring to, was discontinue and that I don't have to do anything about it. I have also in addition an email from the court confirming the case being discontinue. I have also a letter from Mortimer itself from a few months back where they admitted that claim was sent because of an administrative error....
I haven't heard from them or the court since than until yesterday.
What I am planning to do is to send them tomorrow a copies of letters from the court along with their own letter and will as for explanation.
What are your thoughts guys? I would appreciate any comments. What do you thing they actually trying to do?

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Post by daveiron on Sun Jun 30, 2019 4:02 pm

Hi annap , My first step would be to contact the court to ascertain that it remains discontinued.
If it is ,I would imagine MC have screwed up big time.
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Post by annap on Sun Jun 30, 2019 4:52 pm

@daveiron wrote:Hi annap , My first step would be to contact the court to ascertain that it remains discontinued.
If it is ,I would imagine MC have screwed up big time.
Hi,
Ok but is it possible the court re-opened the same case and ordered payments without even notifying me about it? Only thing I have is a letter from MC saying that apparently I suppose to pay them.. Shouldn't I receive a copy of the court order if this is what really happened?

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Post by daveiron on Sun Jun 30, 2019 5:06 pm

I cannot imagine that could ever be the case. You are the defendant therefor you must be given the chance to defend.
MC appear to be in total disarray by the way they have handled things so far ,I suspect this is just more of the same.

Phone the court tomorrow & all will become clear.
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Post by annap on Sun Jun 30, 2019 5:15 pm

@daveiron wrote:I cannot imagine that could ever be the case. You are the defendant therefor you must be given the chance to defend.
MC appear to be in total disarray by the way they have handled things so far ,I suspect this is just more of the same.

Phone the court tomorrow & all will become clear.

I will contact the court tomorrow than. Thank you for responding.

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Post by daveiron on Sun Jun 30, 2019 5:30 pm

I would also hold off until you have confirmation from the court before you contact MC.
If they have screwed up again I imagine there could be several courses of action you could take.
For one, look at the definition of blackmail.
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Post by annap on Sun Jun 30, 2019 6:03 pm

@daveiron wrote:I would also hold off until you have confirmation from the court before you contact MC.
If they have screwed up again I imagine there could be several courses of action you could take.
For one, look at the definition of blackmail.  

I will phone the court and write an update as soon as I know more. Thanks again.

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Post by annap on Mon Jul 01, 2019 7:11 pm

@daveiron wrote:I would also hold off until you have confirmation from the court before you contact MC.
If they have screwed up again I imagine there could be several courses of action you could take.
For one, look at the definition of blackmail.  

Hi,

A quick update as promised. I've got confirmation from the court that this claim is discontinued. I will send a letter to MC tomorrow and will keep posting any news.
Thank you.

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Post by daveiron on Mon Jul 01, 2019 7:43 pm

Hi
Thats good to have it confirmed. Up to you if you want to pursue the issue .
At the very least it should make them reluctant to try again.
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Post by annap on Mon Jul 01, 2019 8:44 pm

@daveiron wrote:Hi
Thats good to have it confirmed. Up to you if you want to pursue the issue .
At the very least it should make them reluctant to try again.

First, I will ask them for a copy of the court order they are referring to. We will see what they are going to come up with.

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Post by Mrblue2015 on Fri Aug 16, 2019 10:59 am

Good morning Annap, hope you're well! Did MC get off your back once and for all?
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Post by Mrblue2015 on Fri Aug 16, 2019 11:05 am

@assassin wrote:It is essential to get a letter from the DC stating they have have stopped the claim, and then a letter from the court stating the claim was stopped, but why?

By having this documentation you have proof of an invalid claim, they may sell it on again and this is a lesson for everyone to learn. Many debt purchasers buy claimed debts in blocks and many specialise in debts which are close to, or are statute barred and chance their arm on collecting them by hoping threats may convince a small number to pay them.

These are the epitome of bottom feeders and will try to put them through the courts, if they do you go through the case and to court and wave these documents to the judge and ask "if they couldn't provide proof of claim then, why can these scum sucking pondlife do so now" and watch their faces when they know this claim was previously stopped.

Good morning assassin. If annap - or anyone else - ends up in this situation (having proof of an invalid claim) then would it not be better to simply send both a copy of the letter from the claimants solicitor (stating they have contacted the court to stop the claim) and a copy of the written confirmation from the court (that the claim has been discontinued) to the next scumbag DCA (IF one comes along) BEFORE going through the pre action protocol process again / ending up in court again? Or was that implied? haha
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Post by LionsShare on Fri Aug 16, 2019 11:13 am

when it comes to the debt side of goodf, I am not an expert but what Mr.Blue states to me makes sense.
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Post by Mrblue2015 on Fri Aug 16, 2019 1:03 pm

Thanks LS, I'm sure it's what assassin implied as well.
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Post by waylander62 on Fri Aug 16, 2019 2:31 pm

MC admitted yet again that they made a further error and confirmed that the claim had been discontinued.

their last letter can certainly be construed as attempting to obtain monies through deception.


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Post by Mrblue2015 on Fri Aug 16, 2019 4:37 pm

@waylander62 wrote:MC admitted yet again that they made a further error and confirmed that the claim had been discontinued.

Thanks for clarifying Waylander62.

Wow, what sort of mickey mouse practice is Mortimer Clarke Solicitors! Laughing

(And I thought the DCA's were useless when it came to getting their paperwork and processes sorted haha)
@waylander62 wrote:their last letter can certainly be construed as attempting to obtain monies through deception

Now wouldn't it be just lovely for annap to turn the tables.... (Granted, it's up to annap and he may understandably just want to put all this nonsense behind him!) Smile
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Post by waylander62 on Fri Aug 16, 2019 5:29 pm

it may be worth complaining to the SRA and also to anybody in respect of the OC because at the end of the day the OC is responsible for the behaviour of their representatives.

however they discontinued prior to issuing a claim so may try and submit a further claim, but again no letter before action has ever been received so they would have to send a letter before claim if they failed again to do that then..........


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Post by assassin on Fri Aug 16, 2019 6:41 pm

Mrblue wrote:
@assassin wrote:It is essential to get a letter from the DC stating they have have stopped the claim, and then a letter from the court stating the claim was stopped, but why?

By having this documentation you have proof of an invalid claim, they may sell it on again and this is a lesson for everyone to learn. Many debt purchasers buy claimed debts in blocks and many specialise in debts which are close to, or are statute barred and chance their arm on collecting them by hoping threats may convince a small number to pay them.

These are the epitome of bottom feeders and will try to put them through the courts, if they do you go through the case and to court and wave these documents to the judge and ask "if they couldn't provide proof of claim then, why can these scum sucking pondlife do so now" and watch their faces when they know this claim was previously stopped.

Good morning assassin. If annap - or anyone else - ends up in this situation (having proof of an invalid claim) then would it not be better to simply send both a copy of the letter from the claimants solicitor (stating they have contacted the court to stop the claim) and a copy of the written confirmation from the court (that the claim has been discontinued) to the next scumbag DCA (IF one comes along) BEFORE going through the pre action protocol process again / ending up in court again? Or was that implied? haha

First and formost is your own "private record of the parties" and having this information is crucial, any claim can be discontinued and they can also initiate further proceedings down the line if they bring in another debt collector, or sell the debt.
Yes, you have the documentation to hand and you have proof the claim was discontinued, but if they sell an alleged debt to a new company you have the proof of a discontinued debt being sold and this is fraud and governed by the Fraud Act 2006 and bring a prosecution, private prosecution, or a civil tort against the company, and you have a chain of events which can readily show a course of unlawul action; and remember they dont sell individual alleged debts, they sell off blocks of them and there are willing buyers of these types of alleged debts.
You can then choose other options and those mentioned are merely other options.
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Post by Mrblue2015 on Fri Aug 16, 2019 6:44 pm

Thanks assassin, that’s good for people to know and armour themselves with...
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Post by assassin on Fri Aug 16, 2019 6:46 pm

@waylander62 wrote:it may be worth complaining to the SRA and also to anybody in respect of the OC because at the end of the day the OC is responsible for the behaviour of their representatives.

however they discontinued prior to issuing a claim so may try and submit a further claim, but again no letter before action has ever been received so they would have to send a letter before claim if they failed again to do that then..........


Oh yes, always make an official complaint to the Solicitors Regulation Authority as any solicitor has a duty of care, and professional standards to meet; as a bare minimum it will cost them a lot of time and billable man hours to defend such claims and either way, win or lose, you win by costing them a lot of money.
My solicitor charges £475 per hour or part hour and 10 hours soon adds up a lot of expense and losses.
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Post by assassin on Fri Aug 16, 2019 6:49 pm

Mrblue wrote:Thanks assassin, that’s good for people to know and armour themselves with...

Mr Blue, you have to have the paperwork and this is crucial as many people win or lose a case and throw their paperwork away, these companies rely upon this fact and try to use your ineptitude against you, and often get away with it.
One current case I am dealing with against my favourite scum, the DWP, is using paperwork going back to 2004 which is 15 years ago, and this is merely one example of many.
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Post by Mrblue2015 on Fri Aug 16, 2019 6:53 pm

100% agree Assassin, my big black binder is a few inches thick... Wink
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Post by Stevro on Thu Aug 29, 2019 9:46 pm

Report them to the FCA.

@daveiron wrote:I would also hold off until you have confirmation from the court before you contact MC.
If they have screwed up again I imagine there could be several courses of action you could take.
For one, look at the definition of blackmail.  

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