Mortimer Clarke Issued a CCJ to an old address

[nickynak82]

Wow what a horrendous few days,

im in desperate need of advice and

after stumbling across the site i hope and pray you guys can help me,

Its a little long winded but i will try and keep to the facts and not ramble on in frustration

 

Logged onto check my file to see a CCJ issued on the 27th nov 2014 (mortimer clarke)

 

Called the court listed on credit file,

to tell me the debt etc £3,379 from a car finance agreement through online finance (gmac) 2001,

 

 

COURT LETTERS WERE SENT TO AN OLD ADRESS,

when speaking to mortimer they state that is the address they have for me, so bear that in Mind

 

Car was repossessed approx 2005

 

here is where it gets interesting

 

the issue for me is

in 2009 i made some payments to marlin

then i moved address and updated marlin of this address to which is where i live now STILL

 

THIS IS THE INFO I HAVE COLLECTED FROM MARLIN TODAY ON THE PHONE

 

November 2011 i contacted marlin via post to rearrange payments, they have this on their system

 

 

December 2011, letter from Marlin stating they have received my letter of offer for £10 a month again

and enclosed expenditure forms, THE ADDRESS ON THE LETTER IS THE ADDRESS WHERE IM STILL LIVING NOW

 

 

February 14th 2012 I posted to marlin the expenditure forms back

and the completed direct debit mandate

( this was sent first class recorded, also showing on marlins system

 

 

February the 22nd 2012,

A computer system error at marlin has changed my address to one from 2002????,

as quoted by a member of staff today it looks like a computer error

 

 

in 5 days of them receiving the expenditure and mandate the address has changed on the system by itself lol

 

 

March 5th 2012 a letter has been sent to the address that system has changed from 2002,

to let me know there has been an error with the mandate!!!

 

 

All this time ive been under the impression that the £10 a month has been paid out of my husbands account, never checked to be honest

 

After failing to get hold of me regarding the direct debit mandate issue

a letter was sent to really old address (REMEMBER SYSTEM CHANGED MY ADDRESS

AND I HAVE CORRESPONDENCE FROM MARLIN WITH MY CURRENT ADDRESS ON)

they passed the debt onto Advantice then onto Ruffbrige now in the hands of Mortimer clarke

 

 

who issued the ccj at another old address that i have not lived at for 6 and a half years,

claiming that they had no details on my current address

 

I have been lucky enough to speak to lovely chap at Marlin who gave me all of this information

 

If the ccj would have been issued to my current adress

i would have sorted this,

for as far as i was concerned it was getting paid,

due to the system changing my address ive been issued with a CCJ

 

I want to get this set aside as i feel like this is sooooo unfair

 

Please help me

[dx100uk]

who is the claimant and sols on the CCJ please

 

 

dx

[nickynak82]

I only have very limited information as i have no paperwork due to finding this out yesterday, the lady from the court told me mortimer clarke that is the only name she mentioned

 

sorry x

[dx100uk]

if you can prove the claimant on the CCJ knew you new address

you have a set aside reason.

 

 

but if you have a defence after that is another matter

 

 

I would suspect it was issued by northants bulk

 

 

a quick call to them might get you a copy of it if you know the CCJ number.

 

 

your main task is gather info.

 

 

SAR to online finance is a must ASAP

 

 

get all the statements etc etc.

 

 

have you any old paperwork at all or letters.

 

 

dx

[nickynak82]

i have requested the SAR from Mortimor clarke today,

 

 

should i also requested from online finance?,

 

 

i have no original paperwork due to unfortunate circumstances of a fire in 2002,

 

 

i accept the debt,

 

 

i have the proof of documentation that i did want to clear the debt to the original debt agency marlin,

 

 

but due to therir system error i was never informed of the issue with the mandate as the address was changed by their computer system grrrrr

 

if i would have been made aware of this i could have sorted it thats the frustrating thing

 

xx

[nickynak82]

sorry fire was 2002 not 2012 as i have all correspondence from marlin

[dx100uk]

who said sar Mortimer?

 

 

dx

[nickynak82]

marlin did as the said they cant send me anything

[dx100uk]

so they said give us an sar and they will send all the evidence to nail them?

 

 

dx

[nickynak82]

It's very confusing as I know Mortimer clarke are acting in behalf of the client

 

 

but I feel like this is the original dca's fault due to system changing my address,

 

 

I think I will start the process of having the judgment set aside,

 

 

surely in the grounds that as far as I'm aware I've been paying this money but only to find out the system changed my address

and I've since been unable to trace, therefore the original dca has sold the debt on and after 2 other dca's being involved

they have passed it onto the solicitor Mortimer clarke,

 

 

an error at there end so surely I stand a good chance of ha if the ccj set aside x

[dx100uk]

nothing to be confused about

 

 

you simply need to prove the claimant knew your present address

 

 

and purposefully served a claimform to an old address

 

 

thus gained a default non contested judgement

that the defendant knew nothing about.

 

 

if you cant do that

the set aside will fail.

 

 

dx