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

[twikideaky]

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?

[SabreSheep]

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

[i hate bailiffs]

 

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

[SabreSheep]

Indeed

I would cca request IF the set aside is granted

[AndyOrch]

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?

[BankFodder]

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.

[AndyOrch]

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 ?

[dx100uk]

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