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Mortimer Clarke and Marlin Default CCJ


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In Oct,we received ccj papers for an old debt from egg. The claimant was Marlin and the solicitors was Mortimor clarke. I sent the court paper to the solicitors in Oct with a request contest jurisdiction as we had received no warning from anyone re the debt. Not even a 14day warning letter. We heard nothing until a letter dated 23 January from solicitors saying the ccj had been awarded by default. What do I do now? Should I have sent it to the court? Have I done it wrong, anyone advise? Regards

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Thread moved to Financial Legal Issues.

 

The court papers should be submitted to the court or online using their web portal MCOL......not returned to the solicitor...that's why you now have a default judgment.

 

Andy

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It would depend on what you filled in......contesting Jurisdiction has nothing to do with the debt.....its contesting the courts jurisdiction that they are not allowed to try the claim...(example you now lived in Timbuktu)

 

Which sheet did you fill in N9 acknowledgment of service..... N9a admission... or N9b defence ?

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N9 acknowledgemnt of service, but then sent it to solicitors not the court back in october. I contested jurisdiction as I had received no prior warning to such debt, no letter from anyone.

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As stated jurisdiction is irrelevant if you live in the UK.....

 

3 months have passed since issued and set a sides should be made promptly...its your choice if you wish to try to set a side...the fee is £155 using an application N244...you will need a valid reason for your application and also a proposed defence.

 

Before you do decide what to do I would reiterate that it is clearly explained in the response pack on how to respond to a claim....so the court may not show any leniency.

 

Regards

 

Andy

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Thankyou, I wish for it be set aside under the civil rights of not being notified, eg, not receiving 14 day letter of warning that court proceedings were about to be issued. It looks like I did send the right document to the solicitor with my accompanying letter, but I failed to acknowledge with the court at the same time as I assumed replying to the solicitor was all I had to do. (One or the other so to speak). Surely the fact we DID reply is relevant enough to have it set aside and start the whole thing again where WE can be given a chance to fight the debt?

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Is it too late to request CCA now CCJ has been awarded, or can I still do this? If I can, and they can't supply me with it or ignore it, can I then have the judgement set aside on these grounds???

 

No they are not grounds to have the CCJ set aside.

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Thankyou, I wish for it be set aside under the civil rights of not being notified, eg, not receiving 14 day letter of warning that court proceedings were about to be issued. It looks like I did send the right document to the solicitor with my accompanying letter, but I failed to acknowledge with the court at the same time as I assumed replying to the solicitor was all I had to do. (One or the other so to speak). Surely the fact we DID reply is relevant enough to have it set aside and start the whole thing again where WE can be given a chance to fight the debt?

 

Not getting a letter before action is also unfortunately not a reason to set aside the CCJ.

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