Hi All

Received a letter from Mortimer Clarke today regarding a debt to Cabot Financial.

Letter claims their client obtained a judgement against me on 04/02/2016.

First paragraph says "Because you have failed to pay the judgement debt in accordance with the terms of the judgement our client is now entitled to take action to enforce the judgement order against you. Our client has instructed us to apply to the County Court for an Attachment to Earnings order to be made against you."

Final paragraph says "If you do not contact us within 7 days , then our client has instructed us to apply for an Attachment of Earnings Order against you."

Notes:

1. I have checked Trust Online for my current and previous 3 addresses and there are no ccjs registered against me.

2. I did not receive any correspondence threatening to take me to court, advising I was being taken to court or asking if I wished to defend and finally I did not receive a judgement.

3. The letter makes no mention which court they obtained the judgement from or any judgement reference number.

4. The debt is from 2007 and I believe it may well be statute barred now.

Can anyone provide any thoughts or advice on how I should proceed at this point?

kind regards

have you the CCJ number

it will be an alpha numeric code

dx

The only number stated on the letter is:

Claim No: [removed]

that'll be it.

give northants bulk a ring in the morning

ask for a copy of the claimform and the CCJ by email PDF

Wonder if it was a judgement by default because it was sent to an old address... Suddenly they have found your new address?

Will do, so do this mean they do have a ccj? and can I fight this in any way as I was not in any way notified of the claim or the judgement?

I moved address in April 2016 after judgement date and have had mail forwarding since moving

I moved address in April 2016 after judgement date and have had mail forwarding since moving

I believe the court forms are do not redirect? OR maybe im mistaken here....

yes you can fight it esp if its statute barred

very easy to do

and you should get your fee back too if you are clever.

lets see get the info 1st.

I have now received data from Nottingham.

Particulars of claim state:

By an agreement between Welcome Finance and the defendant on or around 30/11/2006. (the Agreement) Welcome Finance agreed to lend the defendant monies.

The defendant did not pay the installments as they fell due and the agreement was terminated. The Agreement was assigned to the claimant. The claimant therefore claims the sum of.....

Claim was issued 11 January 2016.

Judgement states:

You have not replied to the claim form. It is therefore ordered that you will pay the claimant £..... plus interest to judgement date in installments of £50 a month.

Judgement is dated 4th February 2016.

The claim and judgement where sent to an address I left in January 2009. Amazingly they now seem to know my current address.

Any advice on how to proceed from this point greatly welcomed.

As i thought, claim issues to old address and suddenly they've found your new address.

When was the last payment made to this Welcome Account? Important in case this is Stat Barred

This must be LOADED TO THE TEETH with charges you could reclaim?

what's cabot doing with a welcome finance debt?

don't think they bought any of those in any portfolios ...

last payment date please

Last payment was February or March 2011.

Charges on debt are:

£207 in costs and approx £600 interest. Interestingly, claim has 2 tables showing costs. One states Total Costs £207 and the other states costs £105 court fee and £80 solicitor fee. If the breakdown of costs is intended to equal total cost it is £27 short. Fees and interest represent 35% of total judgement

so wasn't statute barred then.

the stuff FK is going on about is from welcome

every welcome finance loan/debt will be 90% insurances and letter and default fess etc

car loan?

not car loan, cash

you mean a shopacheck doorstep loan

that would make sense

dx

Further research reveals that I was making payments as part of a CCCS plan. I stopped paying this plan in February 2011 (made redundant, marriage collapse - life pretty much fell apart).

Strange thing is first payment to plan was in July 2006 which is 4 months before the court claim states I took out the agreement with Welcome.

Any advice on what to do?

was the a doorstep loan or you said cash, do you mean just a std welcome loan for a few grand to prop you up

then you fell on hard times hence CCCS time..

standard welcome loan

ok strange they don't usually get them.

have you had an N56 form from the court yet.

or is this just a willy waving letter by cabot?

Had a letter from Mortimer Clarke... dont reply 7 days, request AOE etc.

No N56

Can anyone give some advice on what I should do to fight this?

many thanks

Steve

as far as i'm aware...

you could use N244 and get it set aside but you'd need a reason for the set side [serving to an old address is not good enough if you did inform CCCS of your new address before you finished with them or you moved after that date]

you'd also need a defence for the actual debt, them not now having enforceable paperwork, it nulled by the default judgement sadly.

I believe there a way using the N56 when it comes from the court by disputing the debt that way.

i'll or you'll have to read up

but await the N56 no need to do anything else.

have you got all the paperwork still?

if not send welcome finance an sar get it all

like statements etc

READ the sar and aLL its posts

Thanks for the advice so far.

i would wish to avoid an attachment to earnings.

Once I receive the N56 is it too late to agree are payment structure with Cabot if making an arrangement to pay proves my only path?

if I have to agree a payment figure can i just use the one ordered by the court or will I have to go through an income and expenditure exercise?

can I use errors in the court claim to my advantage?

if required is it possible to avoid paying the extra costs and interest that have been added?

the N56 IF one comes has an I&E as part of it.

no you cant object to the interest added by the court if the judge agrees it.

id get that sar running

it could reveal gold

just remember their letter is willy waving..

dx

You have 2 options......

You can ring them within 7 days and confirm you will start paying the £50 from X...assuming they are not bluffing re AoE..

If they wont agree to that .....state you will suspend any AoE application and make your own application N245 to reduce the figure to £25 per month.

Regards

Andy

Does anyone have any prior knowledge as to whether they are likely to be bluffing or not?