unknown CCJ by Cabot for old MBNA Virgin Money Card - set aside ok - Now what?

[JonnyJonJon]

Morning, folks.

 

I'm in a particularly odd and confusing situation so any assistance in clarifying where exactly I stand would be greatly appreciated.

 

In 2010 I took out a credit card with Virgin Money.

In 2012 I defaulted on this due to financial difficulty and depression.

I do not remember receiving a default notice from Virgin Money.

It's possible I received a default notice from MBNA, but I closed an account with them in 2006 (I have the letter) so would have discounted it.

In January of 2017 I found out a CCJ was registered against me with Hillesden Securities as the claimant. I did not receive any correspondence prior to it being registered, as I was not living at the address the CCJ is registered at.

 

As soon as I found out about the CCJ (through a mortgage adviser telling me!) I attempted to contact Hillesden. This led me to DLC, which led me to Cabot, which led me to Mortimer Clarke. I spoke to a representative of theirs on the phone, explained the situation and asked if the judgement could be set aside. They said no, and that the best I could do was satisfy the CCJ.

 

After some digging online I sent an N244 to my local court and received a hearing date. Mortimer Clarke did not show, the judge decided they hadn't been very helpful, and duly set aside the judgement. Happy days.

 

This was earlier this month. Today I found a letter sent from Mortimer Clarke 4 days before the hearing, with the claimant now being ME III Ltd. The letter states they agree to the setting aside but that a full defense should be submitted within 21 days. They attached a draft order, assuming that the judge would made this order. She didn't.

 

What happens now? Given that the draft order was not formalised, I'm assuming I do not have to submit any further defense (which I already submitted in full as part of the N244). And what are Mortimer Clarke likely to do when they receive the actual order from the court?

 

Many thanks

[AndyOrch]

Check with your court to see if the draft order is legit.

 

Andy

[JonnyJonJon]

I have good reason to believe it's not given that the judge has issued an order and I have received no other order. A draft order first has to become an order by being signed off by a judge, right?

[dx100uk]

nothing they've lost.

 

 

you don't pay any attention to stupid letters the claimant sends demanding this or that of you

[not them under one of their many alternative group names - its all the same lot]

 

 

and you should NEVER EVER ring any of them and speak on the phone

 

 

a DCA is NOT A BAILIFF!!

[JonnyJonJon]

Okay,

well I was just trying to do the right thing at the time

- I do owe the money but I didn't deserve a CCJ.

 

 

I'm not trying to avoid paying the debt,

I just want fair opportunity to agree payment terms with the creditor without a court getting involved unnecessarily.

[AndyOrch]

I have good reason to believe it's not given that the judge has issued an order and I have received no other order. A draft order first has to become an order by being signed off by a judge, right?

 

Safer to ring and enquire...rather than assume......is the draft order stamped and franked from the court or is just a draft from the claimant?

[JonnyJonJon]

Safer to ring and enquire...rather than assume......is the draft order stamped and franked from the court or is just a draft from the claimant?

 

The latter. It was postmarked 4 days prior to the hearing and the judge did not have it during the 5 minutes the hearing lasted. Her order was simple - the judgement is set aside. Had she been able to refer to the draft a discussion would have discussed it. But I certainly could check.

Edited May 30, 2017 by JonnyJonJon

[dx100uk]

tell us all about the debt first

before you blindly go pay a debt buyer..

who says is even owed or enforceable.

[AndyOrch]

I would for the sake of a quick phone call it may have been submitted again since the hearing.

[JonnyJonJon]

tell us all about the debt first

before you blindly go pay a debt buyer..

who says is even owed or enforceable.

 

Fair enough. I mentioned in my first post most of the details and what I do know is only what I found out from a) checking online and b) speaking to the Mortimer Clarke (who have been phoning me but there's no way I'm speaking to them now if they told me the judgement wouldn't be set aside when the court decided it would be. They've been misleading at best and I know courts don't take favourably to that).

 

So:

 

- Found out I had a CCJ registered at an address I wasn't living at and in the name of a company I didn't recognise (Hillesden Securities)

- Ended up speaking to Mortimer Clarke who told me it was an MBNA debt. I told them I paid this off in 2006. They told me this one was from July 2012 and I said I didn't have a credit card with MBNA.

- They told me it was originally with Virgin Money. I did have a card with this organisation. Credit limit was £1,800, closing balance was £2,096, CCJ says £2,303.

- I was unaware of MBNA's involvement as a creditor.

- I was unaware of the debt being resold to Hillesden, DLC, Cabot, ME III or any of the companies involved.

- I have received one letter from Mortimer Clarke, which was their response to my N244.

 

Anything else?

[dx100uk]

ok go do as Andy said ring northants bulk and findout the state now.

 

then i'd be inclined to go ring MBNA

you have the 16 digit card number?

ask when the last payment was made.

 

and if they have any records of you paying it off.

 

you wouldn't have gotten any of the paperwork prior to the claim

as you didnt inform your creditors of your move.

lucky you got the set aside too!

 

 

dx