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Sneaky CCJ obtained cabot/mortime, was Equidebt, was MBNA card


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In November 2014, I had a CCJ issued against me,

pursued by Mortimer Clarke Solicitors on behalf of Cabot Financial, and citing an original debt to Equidebt.

 

 

I had confirmed the debt when the papers were issued and made a repayment offer.

 

In May, I got a letter from Mortimer Clarke saying that they had now been sold the original debt didn't relate to Equidebt at all, but to MBNA.

 

I wrote to them asking them to get the CCJ set aside on the grounds that it was obtained with incorrect information.

I also issued a CCA request at the same time.

They have failed so far to provide the information and have told me that they will take no further action for the time being.

However the CCJ is obviously still going to be on my file.

 

Does anyone think I have a good case for having the CCJ set aside?

Or am I just going to have to live with it?

If they are unable to enforce the debt on the grounds of the CCA request,

 

 

can I reasonably stop paying it,

or will I then be in breach of the CCJ regardless?

 

Any thoughts?

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You could try to get the ccj set aside as you have that letter, but you will have to pay a fee and have a defence against the MBNA

 

AndyOrch is the guy to talk to :)

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I wrote to them asking them to get the CCJ set aside on the grounds that it was obtained with incorrect information. I also issued a CCA request at the same time.

 

Any thoughts?

That will never happen asking them that

They have a potential doubtful debt now secured as a CCJ

CCA request after the CCJ is pointless

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Indeed

I would cca request IF the set aside is granted

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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May of have had grounds if you had acted 8 months ago........set a sides must be made promptly...why have you left it so long?

We could do with some help from you.

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Hmmm, I think that attributing the debt to the wrong creditor is pretty fundamental. If the OC is unable to supply a CCA, then that seems to be a perfect defence against the debt.

 

Just to be sure, renew the CCA request. If it doesn't come then I would suggest that you write to MC and tell them that you will be asking for a setaside on the basis that there has never been a debt to the creditor they identified in the claim and that there has been no response to your CCA request in respect of MBNA.

It is correct that your should apply for a setaside promptly but I take this to mean that you must react quickly once the circumstances of the setaside grounds become known to you. In this case, you only became aware a few weeks ago.

 

I should act now and get everything in writing so that you have a paper trail showing that you haven't wasted any time.

I think that you can safely asks for the cost of the application as well because the problem was caused by MC's error.

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I wrote to them asking them to get the CCJ set aside on the grounds that it was obtained with incorrect information. I also issued a CCA Request at the same time. They have failed so far to provide the information and have told me that they will take no further action for the time being. However the CCJ is obviously still going to be on my file.

 

Have you actually checked ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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usual game where Equidebt are involved

quite a few on here already.

 

 

they sell it on and on in the hope of hiding that the original 'debt' is very dodgy indeed.

 

 

and usually an old MBNA card too!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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