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Mortimer Clarke theatening on old Black horse CCJ

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Hi ,

Blackhorse finance gained a charging order on my property a few years ago ,

they then got a CCJ which i had money taken from my wages to pay.

 

Since July 2011 i have been unable to work and now live on benefits , no payments have been made since.

 

I received a letter from their solicitor saying that they are going to seek a warrant for sale of goods.

 

Can i do anything to stop this as i am unable at present to pay anymore than £1.00 / month and my budget sheet from the CCCS shows this.

 

Is it worth asking for the debt to be written off or the Judgement set aside because of illness?

 

Thanks

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Hi Nic

 

Is the CO and CCJ for the same debt ? Its just if they are you seem to have them in the wrong order of process.

 

 

Regards

 

Andy


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Hi , it is the same debt ,

not sure if the CCJ was gained but the charging order was and then they wanted payment towards the CO.

 

When my protected earnings level is reached no payments are made by my employer.

 

As i am now on benefits no payments have been made since July 2010 but now they are wanting the Warrant.

 

Cheers

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Ok If and when they do get a Warrant you will simply make application to suspend; this application must state reasons, for instance an offer to pay by installments, and usually requires payment of a fee. The court will inform the creditor of the application and require them to confirm whether they agree to the suspension and if not to state why and, in the case of an offer, what they would accept.

If the suspension is contested the Court will list the application for a hearing. The court will there decide whether the warrant should be suspended, and whether terms attach to the suspension. The Court is not bound by the party's suggested payment regimes.

 

 

Regards

 

Andy


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Yes, apply to suspend the warrant. And in the meantime ensure that any bailiff who calls is never allowed access to your home. They have no right of entry, except if you allow them in once and thereafter they can break in. They are, essentially, impotent and most creditors only use them as a last resort for nuisance value. No chance of getting judgment set aside as there is no dispute to the debt, and nor is there any reason for them to abandon the security of the charging order.

 

Incidentally warrants can, and in fact must, be issued for debts in excess of 5K if the judgment arises out of an agreement regulated by the Consumer Credit Act. Creditors cannot use High Court Enforcement Officers.

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Hi ,

 

I have just been contacted by Mortimer Clarke solicitors about a CCJ that Black Horse finance had against me.

 

I believe Black Horse no longer exist and Mortimer Clarke are now wanting the payment arrangement making with them , if I do not contact them they say that they will apply for the CCJ to be transferred to them.

 

Is it worth me sending CCA request to Mortimer Clarke or has anyone any advice on dealing with this.

 

Nic

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black horse are still around but that makes no odds

 

lots of people are getting the letters on old Lloyds/TSB/Blackhorse CCJ's

[and your old thread says you've a CO on this debt too?]

 

to put it bluntly its willy waving trying to fleece you.

 

what date was the CCJ?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi ,

Not quite sure of the date but think it was around 2012.

When I searched my record through Trust online there was no record of it.

 

Nic

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prob attained at an old address so you need to search that address

 

 

should be on your credit file that's free


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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.


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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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


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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