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Cabot/mortimer 2 unknown CCJ's - lived here for +20yrs. no prior paperwork


daverules
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Hi there,

posting on behalf of a friend whom I could kick up the back side for not

confiding in me earlier.

 

Friend is in his late 50's surviving on small amount of ESA and two private pensions,

 

last recalls having credit cards 15 years ago where he got in to debt with them,

had been receiving letters but after opening them he has ignored replying or paying anything until

 

July 2015 when he received post from Mortimer Clarke advising him they had obtained two CCJ's for the clients Cabot for two different debts

of which he is unsure as to which Credit Cards they relate to

 

at this stage he panicked and contacted MC and offered payment of £20 on one debt and £10 on the other and repayments started in August 2015.

 

Have checked on Noddle and his report is completely clear other than the CCJ's showing and nothing in closed accounts.

 

I asked him if he received a claim pack and he advises me he did not and having been through his letters received in the past which he has kept I can find no claim form.

 

He has lived at his current address for the past 20+ years.

 

I don't know if anything can be done but thought I would ask

 

Regards to all

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Thread moved to financial Legal Issues.

We could do with some help from you.

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if hes lived at the address for +20yrs then all the paperwork has conveniently been sent elsewhere..funny that.

 

so theres set aside on each opened

now all he needs is a defence for each one.

 

by the looks of things statute barred could be the answer on each

 

ok set aside will poss cost him £155 a shot

 

but as hes on benefits that'll prob he'll get fees remission too

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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Who sends the paperwork for a claim, I assume it's the court?

 

So a form N244 is the way to go, many thanks DX

 

The court sends the claim to the address they are given by the claimant.

 

 

If he contacts Northampton county court bulk handling centre that deals with internet applied claims,

they should be able to supply full details of the CCJ's, plus the original claim details, address sent etc.

They may tell him to contact the claimant, but from what i have read, it is easier to get the court to supply the full information.

 

Armed with the information, he can then find out from original creditors info which will help him with any set aside application.

E.g statements of account detailng last payment, default date.

We could do with some help from you.

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Question please, on the N244 application it asks how he wants the application dealt with, at a hearing or without a hearing?

 

Bit confused as I read somewhere that with an N244 application you need to attend but form gives the option not too.

 

cheers

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Most set a sides require a hearing...unless its by consent of the claimant...bit of a price difference though £50 verses £150.You can put without an hearing and the court will advise if there will be one and the price difference.

 

Andy

We could do with some help from you.

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Hi daverules, he will have to attend the hearing and state his reasons for set aside, once you have the info from the court regarding the ccj's it will then be clearer which defense route to take. i found the following which may help.

 

Setting Aside Judgment

 

If you are a Defendant and you were not aware of the claim being made against you until after judgment then you can apply to set aside judgment.

 

You may not become aware that judgment has been made against you until a court bailiff contacts you. You should act quickly and contact the court and make an application for:

 

1) A Stay of Execution. See Small Claims Court Case Examples

 

2) An order Setting Aside Judgment. See Small Claims Court Case Examples

 

You should obtain an "Application Notice Form" from the court. You will need to support your application with either an Affidavit or a Statement.

 

Usually a court will agree to set aside judgment if you can show that you did not receive any court papers and therefore were not aware of the court case against you. For example, you may have moved and the Claimant may have given your old address to the court.

 

An application for a stay of execution is necessary to stop the Claimant from trying to enforce judgment. You can make this application without telling the Claimant and the court can make an order without the Claimant being at court.

 

When you make your application to set aside judgment the court will fix a hearing date. Both you and the Claimant will have to go to this hearing. You will have to explain why you want the court to set aside judgment.

 

If the court sets aside judgment you will be allowed to put in a Defence (see Small Claims Case Examples) explaining why you do not agree with the Claimant's claim.

 

The court will also give you a timetable to explain what you must do next. For example, you may have to tell the Plaintiff what documents you want to use to prove your Defence and if you have witness(es) they may have to make statement(s) which you must send copies of to the Plaintiff.

 

If you are the Claimant and you become aware at any stage that the particulars of claim may not have reached the Defendant you should apply to set aside any judgment which has been made.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

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Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Sorry another question :oops:

 

Question 8 asks what level of Judge does your hearing need?

 

Notes for Guidance mentions Master, District Judge or Judge, I am assuming it should be Judge but

want to make sure I don't make an error for him.

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If he hasnt already he should stop paying MC and claim every penny back from them.

 

from the OP they would have been SB'd anyway which probably explains the back door ccj's

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks Martin for the responses.

 

Regarding stopping payment should he really wait for a response from the N244 hearing?

 

Sorry to ask, if it was me I would stop but as it's for someone else I want to be sure.

 

Meeting with him Wednesday to get forms filled and sent off.

 

Many thanks to all that have advised so far.

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pers i'd stop

he should never have been made to pay them in the first place.

 

 

so I cant see anyone being able to do anything to him.,

 

 

the debt didn't exist...

 

 

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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Get the bank to block any payments to that merchant too, otherwise they WILL try and reinstate it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hello and just a quick question, Cabot were the owners of the debt but Mortimer Clarke were the solicitors who got the CCJ and

my friend has been paying them, who should be named as claimant and who should be the defendant.

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Cabot would be the Claimant...the solicitors just present the claim and take payment.

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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