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Cabot/mortimer backdoor CCJ - old Newday Aqua Credit Card


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County Court Judgment was obtained on 07/10/2019 and the first payment of £50.00 per month was due by 04/11/2019.

I wasn't aware of the goings on at the time due to moving around and the CCJ got issued and the balance started building up with out my knowledge,

when I finally got on top of it, we went into lock down, with mortimer clarke placing my account on hold due to the virus.

 

Coming out of the hold period, I have informed them my circumstances have changed since the CCJ was issued (mainly I am now on Universal Credit having lost my job due to the virus) but rather than try and settle on a smaller repayment fee for the foreseeable, they have placed my account on hold for another 35 days whilst I seek debt advice?!

Where do I stand with this?
Do I HAVE to pay now the CCJ has been issued?
Why are they refusing to accept my payment offer within my means?
This is mortimer clarke on behalf of cabot

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tell us about the CCJ

you say you were moving around and you got none of the court forms nor the claimform so they got a default judgement against an old address?

 

who was the claimant and what was the debt?

have you got a copy of the CCJ and the claimform?

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Cabot/mortimer backdoor CCJ - old Newday Aqua Credit Card

when did you 1st become aware of the claim or the judgement etc?

were you aware they were going to court?

you being registered there is of little importance

when did you last live there properly?

was your mother not  telling you of old mail?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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first became aware when the judgement was issued and letter turned up explaining that around october time,

was not aware of CCJ proceedings would have done everything to stop them

had last lived there about 3-4 years prior to this

no, used to be terrible at this sort of stuff, trying to get on top of it all now

 

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Might be best to wack in an n245 to the court and vary the judgement to a low figure say <£10 pcm that way cabot etc cant do anything about it then

 

I cant see a defence for a set aside.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 6 months later...

Open

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So an update on this case,

 

wrote to MC to ask them to accept an offer to bring the account up to date, then accept a token payment offer due to Covid situation, to save the messing of n245 etc.

They then misread what I had put and started demanding more than what I could pay, and the letters got out of control again. I raised a complaint over their lack of being able to keep on top of what they were sending me, refusal to take a payment against the account and refusal to issue documents digitally when requested (income and expense in this case).

 

They admit they had misread the income and expense forms back in March 2020, which led them to contest everything I had said after that point. They however don't feel despite this that the notice of applying for warrant of control was out of order.

whilst they have offered something, I just wanted to check they are not having the pants off me still. I feel the admitting they were wrong but that they were fine to still harass for larger amounts is a cop out on their behalf?

I have attached their response which probably explains it a bit better than me trying to elevator pitch it.

COMPFREML_33799221_20210212131023366 (1)_Redacted.pdf

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Its always better to use n245 then you dont ever get these issues and its cast in stone that stops them keep coming back demanding more and more.

 

are you realistically able to afford £50pcm going fwd?

 

id accept the compo too

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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