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Mortimer Clarke - Chasing CCJ settlement

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Hi All :-)

 

Around 2010/11 I was in heaps of debt, various cc, loans etc, totalling c £30k. I took some great advice from this site, worked hard, and managed to settle everything. Finally debt free by summer of 2016, credit score still not great, but heading in the right direction.

 

And now I receive a letter from Mortimer Clarke (Cabot):

 

‘As you are aware a County Court Judgement has been entered against you under Claim Number QWERTY123 and we ask you to pay the outstanding sum of £2244 direct to this office within 14 days.’

 

The letter encloses an income and expenditure form with a view to arranging a monthly payment, but goes on to say:

 

‘…our client may be willing to accept a reduced amount for a lump sum payment to settle the debt’.

 

First I’ve heard of it, and I’m gutted, thought all this nonsense was behind me.

 

I’ve established that the CCJ was issued at Northampton and has subsequently been transferred to my local court. All paperwork was sent to an old address, which is why I knew nothing about it. All of this happened just over 3 years ago, and I’m just finding out about it now. And strangely, it doesn’t appear on my credit file?

 

As I thought I was debt free, my circumstances allowed me to become a student, so I’m currently studying full-time, with negligible income (averaging about £200 pm).

 

Seems to me I have 2 choices (unless any of you can suggest a third way?)

 

1. Offer about £20 pm, which they are unlikely to accept, as it would run for 9 years.

2. Offer a lump sum, I think I could scrape together £600 - £700, but again this probably wouldn’t be enough.

 

All I know about the CCJ is what the lady at Northampton told me:

That it has been transferred to my local court (don’t know when),

That the payment terms were ‘Forthwith’ and,

That the claim said it was in respect of a CC agreement ‘entered into on or about 19/05/2004’. (Is it suspicious that the date of the agreement isn’t precise? Suggests to me that they don’t have a copy of it).

 

In the scheme of things, the debt isn’t that big (given my situation 7-8 years ago), but this is hanging heavier than those bigger debts ever did, because my circumstances are different now, and I have no real income to work with.

 

I really don’t know which way to turn with this. Would be so grateful for your thoughts.

 

Cheers

 

Scarboro

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are all your old addresses showing on your credit file?

if you don't own a property and are a student theres not really a lot they can do

 

its a discount phishing letter

 

and only about 2 yrs to go before its too late for them to do so [6yrs from judgement date]


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" I’ve established that the CCJ was issued at Northampton and has subsequently been transferred to my local court. All paperwork was sent to an old address, which is why I knew nothing about it. All of this happened just over 3 years ago, and I’m just finding out about it now. And strangely, it doesn’t appear on my credit file? "

 

Given it was issued from Northampton CCBC and you didn't defend it (wasn't aware)...then there would be no need to transfer it to your Local County Court...they should simply request a default judgment.Plus they wouldn't know which was your local county court.? (no response from you)

 

You state its not appearing on your credit files...so there is something a miss here ?

 

I think you need to inquire further as to why its was transferred to a local county (for what purpose) and which County Court ?

 

 

Andy


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Thanks to DX and Andy for your responses, much appreciated.

 

I've telephoned my local court.

 

The Judgement (May 2015), was transferred to my local court in July 2015.

The reason for transfer was to do with an Attachment of Earnings Order (which wasn't served).

 

I asked whether I could obtain a copy of the claimant's original claim or any other relevant paperwork; was advised that the file had been destroyed (in July this year) so this would only now be available from the claimant themselves. The only info my local court has, is the bare bones of the case which appears on their screen.

 

Think perhaps my original 2 options still stand, then application to vary (N245?) if they don't agree?

 

Scarboro

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I would go straight to N245...then its agreed with the court..otherwise they will be contacting you every 6 months for a I&E and trying to change your agreed payment.


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Thanks again.

Agree that the N245 route makes sense, the down-side being that the whole process will drag on for years.

As an alternative, do you have any thoughts on the 'lump-sum to make them go away' idea? Like where do I start?

 

Also, why are they offering / suggesting a discounted lump sum? I understand this tactic if they know the debt is unenforceable, but in this case they've already secured the CCJ, so could go for the full amount.

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I doubt they really know what their doing.....applying for attachment of earnings and failing to serve notice...not registering the CCJ on your credit files...offering a discount on a Forthwith judgment.

 

Give them a ring and ask how much a discount ?

 

Given that they have not done anything with the judgment in over 3 years I would possibly be tempted to do nothing and wait a further 3 years see what they try to do next.

 

But its your call.


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yes that was my thought too....


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Thanks Guys,

 

Think I'll sit tight for now.

 

In the meantime, and so I have something to ponder while I wait... I've read elsewhere on this forum that paying a discounted lump sum can result in the unpaid part simply being sold on to another DCA. Could this happen in this case, i.e. can it be sold on once the debt is subject of a CCJ?

 

Scarboro

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No...because its already been adjudged.


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