Marlin/Mortimer unknown CCJ Black Horse loan - help with

[kken67]

Hi all,

 

 

I am in the process of restarting my DMP with Stepchange

after not being able to pay it for quite a while due to the financial impact of my daughters ill health.

 

However,

I have come home today to a judgement in default for £7000 which is one of the creditors (Black Horse)

that Stepchange were going to be dealing with.

 

 

I did not receive any court papers at all and now dont know what to do about it.

 

 

Obviously it is a huge CCJ and they have demanded repayment in full which we could not do.

 

Strangely enough,

I also received a phonecall today from Natwest who are going to capitalise our mortage arrears

to say that they have received the unsigned paperwork back saying not known at this address.

 

 

The lady checked our address and it was absolutely correct so it resending that paperwork

 

 

I could probably show a court that I am not trying to pull a fast one by saying I hadnt received the paperwork.

 

 

What is my next step?

 

 

Can anyone advise?

[dx100uk]

sure it was black horse and not a DCA

sending papers to an old address

on purpose?

 

 

have you the CCJ number?

[kken67]

sure it was black horse and not a DCA

sending papers to an old address

on purpose?

 

 

have you the CCJ number?

 

Yes or at least the single piece of paper has the claim number on it.

 

 

It looks official and I have seen these before unfortunately.

 

 

It has a solicitors name on it.

 

 

Marlin were dealing before and that is who Stepchange would have been dealing with.

 

 

What can I do now?

Plus, the amount is massively inflated by about 2k plus from what we knew we still owed them.

 

 

Any advice?

[dx100uk]

right so sold to marlins and they got a CCJ through? restons was it?

 

 

dx

[kken67]

right so sold to marlins and they got a CCJ through? restons was it?

 

 

dx

 

Well,

the judgement gives the claimant as Marlin Europe II Limited

but the name and address for payment as Mortimer Clarke Solicitors Ltd.

 

Both in Worthing though.

 

Also,

this debt was standing at 5k when we last paid it but the judgement is for 7.7k.

Dont know how that works out though!!

 

The court costs are listed as £540.

 

What do I do next.

 

 

Tried a few times to contact Step Change for advice but its so difficult to get them

especially when I only have small pockets of time to do so when they are open

and tbh their advice often tends to conflict depending on who you speak to.

 

Trust this forum much more

[dx100uk]

50% chance of it being restons or Mortimer with marlins

[dx100uk]

ok back to basics then.

 

 

have you moved in recent times

 

 

were BH aware of your current address

 

 

was the Claimform served to that address.

 

 

to find a way of attack we need a good bit of info and background.

[kken67]

No, I havent moved at all in 20 years!

 

 

BH were aware of our address as were Marlin.

 

 

I have had some correspondence from Marlin and

I was aware we needed to restart our payments to them

(if you recall, we had a dmp which due to my daughters illness became impossible to keep to).

 

 

We are in the process of setting up a new dmp and I have listed the debt to BH on the initial paperwork.

There is no good reason for the court claim forms to have gone astray

but I do find it strange that the 'good' paperwork that Natwest sent to us recently was returned to them

as not known at this address when it did have the correct details on it.

 

 

We have in the past received correspondence for a street with a very similar name in our town

and we have gone and given it to the correct people

so that could be something

but the new correspondence from Natwest arrived safe and sound yesterday

even though it was addressed exactly the same as the first time they sent it.

 

 

I just know that the court are going to think 'oh yeah, that old chestnut' but it is true.

 

With regards to the debt and its escalation in value,

I still have the old dmp details from the last payment to BH and that balance is 2.5k less so that in itself is strange.

 

 

Is it possible to have the CCJ cancelled somehow on the basis that we couldnt defend it

and even if that isnt possible, can we get the balance looked at?

 

 

I havent a clue what steps to take next and although Step Change are being helpful iro setting up a new dmp,

they dont seem to understand the law and their advice is always different

dependent on whoever answers the phone.

 

 

My experience of CAG has always been much more positive

and you guys always seem to know what to do next.

Thanks for the help:-)

[dx100uk]

sar to BH

 

 

phone the court [northants bulk]

 

 

and ask for a copy of the CCJ

 

 

dx

[kken67]

I have the judgement sheet with the forthright payment.

 

 

Do you mean the claim form?

 

Just taken a look at the SAR link,

 

 

please excuse my ignorance but why would I need that?

 

What do I need to do re CCJ?

[AndyOrch]

Hi kken

 

You can make application to set a side the judgment using an application form N244 the fee is £155 with hearing..

.if you can get the consent of the judgment creditor then it would be £55 without hearing.

 

Being able to set a side is an option if you never received the intial claim pack.

 

 

.I note your residence has been static so deemed served to previous address is not applicable...

 

 

..heres the other problem should you make application to set a side..

 

 

the court decides on the set aside in conjunction with whether you have a viable defence to offer.

 

 

..so you also have to show you do have grounds to submit a defence that has merit.

 

Regards

 

Andy

[kken67]

Thank you for the reply.

 

Tbh,

that appears to be a problem as I guess even I would question the claim form going astray

and it is probably the most common defence.

 

Ok, so bearing that in mind and the likelihood that I cant submit a defence that would result in a set aside,

what other options do I have.

 

 

I am so confused!

[AndyOrch]

If you have no defence then its pointless really making application to set a side.

..but remember claims are issued by normal post and quite a lot do get lost.

..so that may be accepted as a genuine valid reason.

..but as stated then the court will ask for your proposed defence.

 

If you prefer not to challenge the judgment.

..then you need to consider payment.

..I assume the judgment is forthwith and so first you need to make application to vary this to monthly.

 

 

This is done using form N245 again the fee is £55.

[kken67]

Hi Andy,

 

 

I do have a defence in that I didnt receive the claim form

but I figured from what I have read (and maybe misunderstood) that I wouldnt get too far with it as my address has been the same for so long.

 

I am probably frustrating the site team but I just dont understand what to do next

and of course have very little money to deal with it all.

 

Any advice is really appreciated.

[AndyOrch]

None receipt is not a defence as per my previous posts.

..its part way for a successful set a side.

..its the second part only you can decide on

...do you have a defence.

.or let me re phrase it..

.if you had received the court claim what would have been your defence?

 

As for payment....

 

" If you prefer not to challenge the judgment...then you need to consider payment...I assume the judgment is forthwith and so first you need to make application to vary this to monthly.This is done using form N245 again the fee is £55."

[kken67]

None receipt is not a defence as per my previous posts...its part way for a successful set a side...its the second part only you can decide on ...do you have a defence..or let me re phrase it...if you had received the court claim what would have been your defence?

 

As for payment....

 

" If you prefer not to challenge the judgment...then you need to consider payment...I assume the judgment is forthwith and so first you need to make application to vary this to monthly.This is done using form N245 again the fee is £55."

Ok, think I have got it now thanks.

 

 

Btw, I have also been reading about cca's.

 

 

Before I sort out payment amounts for the other creditors or even for this one, is it worth doing that.

 

 

Am I right in thinking that they cant take any further action whilst I CCA them.

 

 

Also, if they dont have the correct paperwork,

even with a judgement in default,

can they enforce anything.

This is all so confusing.

 

 

hen I can get my head clear with my route forward,

 

 

I will stop bombarding you guys with questions.

 

 

Like I said previously,

 

 

I really appreciate your help.

[AndyOrch]

Judgemnt supersedes the agreement...so no you cant CCA this debt and there is nothing to stop them executing it...except for you arranging payment plans.