Mortimer Clark - old HFC marbles card

[cdmonkey]

Hi in need of some advice from here once more.

 

I have a cc j dated October 2007 which i defended and lost even though there was no credit agreement. (about £12k)

 

Then to make things worse i had a charging order applied against my property.

 

I have today had a letter from Mortimer Clark which says;

 

As we have not been able to reach an amicable arrangement to settle the balance outstanding, we have instructed Marston High Court Enforcement Officers and Certified Bailiffs to act on our behalf in this matter.

 

 

My question is do they not need to go back to court to take such action or does the existing CCJ entitle Mortimer Clark to do this ?

 

Quite worried about this one.

[honeybee13]

Hello there. I can see why you're concerned.

 

I'm checking whether you will get the most help here or on another forum. Someone should be along shortly if the team think your thread needs moving.

 

My best, HB

[BRIGADIER2JCS]

Mortimer Clark must get a Warrant of Execution hand it to bailiffs, no warrant from the court no action.

 

Have you failed to comply with the judgement order???

[cdmonkey]

The judgement order was strange one and made to reference to repayment from memory , i will dig it out tonight and double check.

 

They also quickly obtained a charging order and so turned an unsecured debt into a secured one.

[cdmonkey]

Even more curious the last letter form Mortimer Clark was offering a 25% discount !

[BRIGADIER2JCS]

Was the CO placed on condition that you made regular agreed payments or was it a forthwith order for immediate payment?

[cdmonkey]

Will check this tonight and get back to you.

 

Many thanks

[dx100uk]

could just be a clever threat-o-gram

 

marstons are also DCA's

 

does the letter actually mention the CCJ / CO?

 

you certainly dont get discounts on a CCJ

 

and if they have a CO

 

there is no-need to push for payment.

 

weird...

 

dx

[cdmonkey]

The letter makes no mention of the judgement or charging order.

 

My feeling is why would a court grant a warrant to recover the money via a bailiff when a charging order has already been obtained ? or maybe my understanding is too simplistic

 

thanks for the replies

[BRIGADIER2JCS]

So this was just a letter from her personally, it is very difficult to advise if the facts are not clear.

 

Yes if a CO is in place and was made subject to the defendant making regular agreed payment and the defendant does not adhere to the judgement order the claimant can ask for a warrant.

[cdmonkey]

Hi

Finally found some paperwork

 

The judgement was £12000 with no further interest and says the Judgement order did not provide for payment by instalments.

[BRIGADIER2JCS]

Ok a Forthwith order that was never met, the obvious reason for the enforcement action now is that the CCJ has been inplace 6 years in October.

 

MC must stiil apply for a warrant bailiffs cannot act without one.

[cdmonkey]

Hi thanks for the info.

 

Is it likely they could get a warrant even when they have a charging order ? They have already secured the debt against my house, confused.

 

Thanks

[BRIGADIER2JCS]

This is what I find confusing I would have thought that an order for sale would have been their choice, goods to satisfy 12k even if you have say a flash car.

I am at a loss as to what their plan is.

[cdmonkey]

Thanks for that , it seemed odd they never wanted anything other than a charging order.

 

This debt was with CCCS and they managed to forget to pay this one month even though i had sent my usual monthly sum and manged to pay the other debtors .

 

They (HFC) then through Restons solicitors immediatley went for i CCJ , i defended saying the added fees and charges were unfair (another £3k on top of the £12k) Judge agreed but judged on rest even though no agreement other than a statement was produced.

 

I had better send them a letter and find out what their intentions are, so far the have offered a 25% discount and then a Bailiff threat in same week.

[dx100uk]

something smells badly here...

 

how the hell did pestons manage to get a ruddy CCJ with no paperwork.

 

the judge wants shooting,.

 

anyhow who got the CO?

 

dx

[cdmonkey]

Original CO was in favour of HFC Bank

 

They have since substituted Phoenix Recoveries UK Limited s.a.r.l - Potomac Recoveries in Feb 2009 for HFC Bank via the County Court

[ploddertom]

MC must stiil apply for a warrant bailiffs cannot act without one.

 

If I may butt in for a mo. If a CCJ has gone unpaid then it may be transferred to the High Court for enforcement, if for more than £600 - there is no need to get a Warrant of Execution first. Providing it is within 6 years then a HCEO can be appointed.

[BRIGADIER2JCS]

Just bailiffs mentioned so far in MCs letter, I see your point.

[ploddertom]

Hi in need of some advice from here once more.

 

I have a cc j dated October 2007 which i defended and lost even though there was no credit agreement. (about £12k)

 

Then to make things worse i had a charging order applied against my property.

 

I have today had a letter from Mortimer Clark which says;

 

As we have not been able to reach an amicable arrangement to settle the balance outstanding, we have instructed Marston High Court Enforcement Officers and Certified Bailiffs to act on our behalf in this matter.

 

 

My question is do they not need to go back to court to take such action or does the existing CCJ entitle Mortimer Clark to do this ?

 

Quite worried about this one.

 

Just bailiffs mentioned so far in MCs letter, I see your point.

 

PT

[BRIGADIER2JCS]

If HCOs are instructed then as ploddertom said no warrant needed.

[dx100uk]

i reckon that that MC letter is just a threat-o-gram

and marstons are in their DCA mode here

no relation to the cases nor the fact they are bailiffs.

 

can you scan it up please

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

DO IT IN PAINT.EXE or any photo editing program

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[cdmonkey]

[ATTACH=CONFIG]41008[/ATTACH]Hi Thanks for all advice so far here is the letter

[cdmonkey]

I will upload the right file this time

[BRIGADIER2JCS]

I will upload the right file this time

 

Sorry too small please follw dx100s instructions.