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Mortimer Clarke theatening on old Black horse CCJ

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Hi,

I have just received a letter from MC about a Black Horse debt which I believe is from around 2003/4.

They are correct in stating that there was a CCJ obtained on this debt and that regular payments have not been met.

 

The CCJ does not show on my credit file nor on my partners which makes me believe that it is over 6 years old now(how relevant this is I don't know).

They are asking me to contact them within 14 days to tell them our current circumstances which I am reluctant to do.

I cannot remember the exact date of the CCJ but I feel it was around 2010/11.

 

Could anyone advise us on the best way forward please with this.

 

Thanks

 

Nic

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Hi Nic

 

Do not contact them.....

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Regards

 

Andy


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So we just wait to see what they do next ?

 

Mortimer Clarke are working for ME111 who we have never heard of , is it worth sending a CCA request or maybe another letter asking for them to prove the debt ?

 

Nic

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No its too late now.....they have judgment and not compelled to respond.

 

Sit tight if they wish to escalate this further you will be informed by the court.


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Hi Andy,

 

The CCJ was obtained by Black Horse before ME111 took over the debt.

The CCJ has expired and I guess that ME111 have purchased the debt , does this mean that ME111 can still work from the original CCJ as they are a different company and are not the owners of the CCJ that was issued.

Apologies for asking so many things.

 

Nic

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CCJ s do not expire unless paid. However as Andyorch said because of the delay in progressing the action, any Court would need a very good reason before allowing

proceedings to be even taken against you.

 

Just ignore and don't worry. I cannot remember any Court case on here that has been brought six years after the initial CCJ was issued. They are probably rarer than droppings from a rocking horse.

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Hi Andy,

 

The CCJ was obtained by Black Horse before ME111 took over the debt.

The CCJ has expired and I guess that ME111 have purchased the debt , does this mean that ME111 can still work from the original CCJ as they are a different company and are not the owners of the CCJ that was issued.

Apologies for asking so many things.

 

Nic

 

Makes no odds..they inherit as it is...nothing changes.


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lots of threads here on people getting threat-o-grams here from this lot on CCJ that are outside 6yrs.

stuff and all they can do in reality

 

moved to legals and title amended


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Just received another letter asking for us to contact them to discuss our current circumstances and a payment arrangement.

They have given 14 days before they consider further enforcement action.

 

I take ir that we just ignore it again ?

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Ofcourse


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