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Demmy4joy

Mortimer/Cabot CCJ - vanquis credit credit 'debt'

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Please help,

 

I recently attend a county court for claim made against me by Mortimer/Cabot to be set aside.

 

this is going to be a lengthy story but please bear with me

 

. My story below;

 

I obtained a vanquis credit credit in 2007.

The limit was £1800, but I did not realise that they have increased my APR from 19.9% to 29.9% without any notification from them

 

.i realised nearly a year they have done so and that was in 2009,

I gave them a call immediately to find out why,

but their response was they will investigate and get back to me but they never did.

 

I called them on numerous occasions but I never get an answer why the APR was increased without any notification.

 

I wrote them in 2010 after months of calling that I will stop paying them if they don't tell me why they increased my APR without any notification and that was exactly what I did.

 

The last correspondence I had with Vanquis was in 2011.

At this time the debt on my account was £1258

 

I moved out of that address in June 2014 to a new address.

 

I found out in January 2016 on my credit file that the CCJ was set against in me in July 2015 for the total debt of £3909,

 

I immediately file for a dispute and explained the reasons above and Noddle credit agency got back to me saying I should contact Cabot which I failed to do because I didn't want to have any conversation with them.

 

I received a notice Attachment of Earnings from the county court in November 2016 which I provided and I did applied for the case to be set aside also.

 

Judge dismissed this case and ask me to arrange a payment plan with Mortimer/Cabot.

I thought the judge was very unfair,

he did not listen to any of my reasons,

despite that I have tenancy agreement that proof that I moved out of the old address and that I did not receive any letter prior to CCJ, he did not even look at my documents.

 

He said I should have contacted the court in January 2016 when I found out on my credit file and that I should have contacted vanquis also of my changed address.

 

Thank you for patience for taking your time to read this lengthy story.

 

Please your advice on How do I moved forward from here.

 

Thanks

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Hello and welcome to CAG.

 

People should be along later with advice for you. We'll probably move your thread to another forum here, but you'll have a link to follow.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi,

unfortunatly the rules in England and Wales are that a court action can be raised against someone at their last known address

 

. As you moved and did not tell your creditor,

they have not done anything wrong in obtaining a Judgment at your old address and i think that may be why the Judge dismissed your application to set Judgment aside.

 

it sounds like they are now trying to do an Attachment of Earnings with your employer if you have received a notice of earnings.

 

you should receive a full Attachment of Earnings Order if this is the case stating how much your employers have to take from your wages.

 

However, if you havent received this yet (it can take a while as the courts can be quite slow) then you may still be able to offer a repayment arrangement.

 

have a think about what you can realistically offer as payment and contact the creditor with your offer.

 

If they feel like it is a better deal than what they would get by going via your employer they may accept it and cancel the Attachment of Earnings.

 

Try and start a dialoge with them about setting up an arrangement tho, and dont ignore the Judgment.

 

if the debt is for over £600 they can upgrade the Judgment to the High Court and send out High Court Enforcement agents, which you would not want as this will only increase the debt and they can remove goods or vehicles from your property.

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You have left it too late really.

The Judge was correct.

 

With a set aside application, the rules are that you have to apply for the set aside without any undue delay. Also if you move address you do have a responsibility of advising creditors of your new address. If you fail to advise of your new address, then a CCJ can be obtained by sending the court claim to your last known address.

 

I can only suggest that you set a payment arrangement with Cabot based on what you can afford.

 

Also you should send a Data Protection Subject Access Request to Vanquis to find out why the debt has increased by so much and also how they increased the interest rate without advising you. In the request, ask for copies of all documents, including all statements of account.

 

You might be able to pursue complaints about excess charges and the interest rate change etc, to recover a sum of money, which can go towards paying the debt off.


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Thread moved to Financial Legal Issues.

 

Regards

 

Andy


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Thank you so much @unclebulgaria67 and pinkjellybaby

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Get the subject access request off to Vanquis as soon as possible, so you can make a complaint to Vanquis as soon as possible. You might be successful in getting them to refund you some amounts.


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And what has since happened with the Attachment of Earnings application of Nov 2016?


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@andyorch I went to the court hearing on the 9th of January 2017

 

 

my request to set the judgement aside was dismissed by the judge.

 

 

I'm in the process of arranging a payment plan with Mortimer now.

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Thank you, I will do just that

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@andyorch I went to the court hearing on the 9th of January 2017 and my request to set the judgement aside was dismissed by the judge. I'm in the process of arranging a payment plan with Mortimer now.

 

But that does not dismiss their application for an Attachment of Earnings ...? Did the court suspend that also ?


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I have already provided attachment of my earnings to the court in November prior to my request for the judgement to be set aside.

 

 

Judge advised that I should discuss a payment plan with Mortimer,

because it will be of no benefit to anyone if they go through my employer

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So it was suspended then


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It was not stated by judge whether it was suspend or not. Judge just said that I should arrange payment plan while Mortimer representative was present

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Did you not opt to suspend it when you completed the n56 knowing that you was in the process of making application to set a side the CCJ ?


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I submitted both earnings attachment and form n244 to request for the judgement to be set aside the same day.

 

Court then decided the hearing date after submission of this two documents, which was January 9th. And that was the date request for judgement to be set aside was dismissed by the judge

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So the Attachment of Earnings application may still be live and valid...I would ring the court and enquire as to what is happening with it ...if its been dismissed wait for the claimant to approach you with regards to payment arrangements.


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The attachment of earning process can take a while.

If judgment was not set aside it is likely that it is still ongoing.

 

I would not wait for the claimant to approach you.

If attachment of earning is still ongoing they won't, and will continue with the process until attachment of earnings order is granted.

 

 

Then you will not have a say in how much is deducted from your wages.

Contact the claimant as soon as possible with an offer or payment and state that it is in order to stop the attachment of earnings.

 

Even if the attachment of earnings has been suspended,

they can apply to reinstate it

or they may take another approach such as charging order against your property,

a third party debt order where they can take money from your bank account

or any third party who is holding funds on your behalf,

warrant of control where county court bailiffs may appear to take goods

or they can have it upgraded to the high court where high court enforcement officers will be instructed to collects goods.

 

 

Offer payment so that it doesn't go further to any of these stages as that would increase the debt each time another method is applied for.

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But that does not dismiss their application for an Attachment of Earnings ...? Did the court suspend that also ?
what is the name of the form I need to fill to suspend the attachment of earnings.

 

Thank you

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Its the N56 the one you have already completed and submitted...the last box on the form asks if you wish to suspend the order.


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Its the N56 the one you have already completed and submitted...the last box on the form asks if you wish to suspend the order.

Ok thank you

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There is CCJ against my name.

The Debt was sold to Cabot/ Mortimer Clarke solicitor by Vanquis bank.

The Cabot/Mortimer requested for attachment of earning through the court and I have since arranged a payment plan with them to prevent the attachment of earning.

 

But now the debt has been removed from my credit file because the debt is more than 6 years but the CCJ is still there because it was set against me in 2015.

 

My question now is since the debt has been removed from my credit file must I still continue paying as agreed?

 

I look forward to receiving your replies.

 

Thanks for your assistance

Edited by Demmy4joy

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Yes you must continue paying...the default market has nothing to do with enforcing the CCJ

 

Andy

 

 

Thread moved to Data Protection and Default Issues Forum.


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The default marker will have been removed due to its age, and replaced with the CCJ marker, which will be there for another 6 years.

 

As you now have a judgement against you, you will definitely need to keep paying, otherwise you run the very real risk of bailiffs turning up.

 

How did they get this CCJ?

Did you not defend it?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Old and new threads merged


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