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Cabot/Mortimer claimform - claim stayed - now N244 - old Likely Loans PDL *** Settlement Agreed***


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Yes we can help...but you will have to put a lot of effort in a middle man. So their application is only a threat as yet ?

 

We will require you to scan redact and upload copies.....

 

1.Copy of the original claim form or particulars of claim.

2.Copy Defence.

3. Copies of the documents received today

3.Copy of their letter today and Application and statement/documents to lift the stay N244.(when /if ever made)

 

Andy

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Plenty of time if your prepared to put the leg work in...if you can get this latest letter and N244 and witness statement with documents in support.....that should be enough to draft a statement in  response...but a statement in response must be submitted...normally its within 7 days of the hearing.

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The claim number is referred to within the statement...contact MCOl and ask if they could provide a copy of the claim form or particulars of claim.

 

Andy

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  • dx100uk changed the title to Cabot/Mortimer claimform - claim stayed - now N244 - old Likely Loans PDL
Quote

She has emailed MCOL asking for copies of defence.

 

It was copy of the particulars of claim or claim form we require.

 

Andy

  • Like 1

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Great that's all we require.

We could do with some help from you.

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No we don't require anything further think we have enough...I will look at the details over the next few days and advise a course of action...tell her to calm down and stop worrying...far worse things to worry about at the moment.

 

 

Andy

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Have you uploaded a copy of the actual N244 application notice ?  I have read their witness statement in support.

Has the court informed of a hearing date ?

 

Andy

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Thanks...so as per your upload of the n244 you will see at point 3 that a statement in response can be submitted to oppose their application and this must be filed and served not less than 7 days pre hearing (12th March) so Ideally ready to go at the latest 28th Feb. 

 

They refer to a copy of the agreement which was taken out on line within their statement and state that a copy is attached as a disclosure in their bundle.. I cant seem to find this upload ?

 

They refer to a default of the agreement around 4th May 2017 (copy enclosed in bundle) I cant see to find this either ?

 

Please upload redacted copies.

 

Andy

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Never seen a credit agreement that states claim number/exhibit number on it before...still we have until 28th Feb to file a response statement.

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Certainly....give me a nudge next week

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:thumb: leave it with me..should have a draft by Thurs latest.

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Unfortunately I am really struggling to find any errors on behalf of the original creditor...the paperwork appears water tight.

I would suggest now with a matter of urgency given that the hearing date is close to contact the solicitor and try to agree a settlement...possibly by way of a Tomlin Order if they are prepared to vacate the hearing of 12th March and let the claim remain stayed.

 

Try to agree a monthly affordable payment plan and if a Tomlin Order could be reached...it would appear to be a good outcome.

If they lift the stay and get their summary Judgment they state that a charge will be placed on the property. Now if a CCJ and a charge do not bother the lady...then you need not do anything...or attend the hearing.

 

Sorry it wasn't better news 

 

Andy

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The charge would only be to secure the judgment debt...possibly sit there forever unpaid but the CCJ will show on her credit files for 6 years.

The Tomlin suggestion would be the best outcome if they would agree...it stays the claim no CCJ no Charge and an agreed affordable monthly payment.

 

Its a big If and if they would agree..but the key is moving fast because they cant get a refund of their application/hearing if left past this weekend...I would contact them tomorrow ask for the solicitor dealing with the claim and try to thrash out a Tomlin Order agreement.

We could do with some help from you.

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  • 2 weeks later...

Okay firstly its vital you check with the court to see if the hearing has been vacated...and if so its okay to complete their form and make an affordable monthly offer...then see what their response is.

 

Must check with the county court first though.

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Its not on hold they have vacated the hearing..their application to lift the stay and request Summary Judgment is no longer.

Only she can complete the budget and offer an affordable monthly payment its something which is impossible to advise.

 

Basically she is now back to where she was before you started this topic...if she does not make an acceptable offer they will make a further application....last chance saloon.

We could do with some help from you.

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  • AndyOrch changed the title to Cabot/Mortimer claimform - claim stayed - now N244 - old Likely Loans PDL *** Settlement Agreed***

Delighted that this has been resolved and our sincere condolences to your friend...topic title amended to reflect the out come.

 

Andy

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