cabot/MBNA card Debt - Begging letter received om Mortimer Clarke

[jasmineuk]

Help!  Today I got the attached letter from Mortimer Clarke.  I was under the impression that Mortimer Clarke couldn't enforce the judgment?  Is this correct - that they can take me to Court to enforce the judgment?

IMG_20210203_0001.pdf

Edited February 3, 2021 by jasmineuk
typing mistake

[dx100uk]

read it properly..

doesn't say will anything 

 

i could instruct my dog to sit 

if it does is a totally different matter!!

 

it also says that no payments have been made - wrong you were paying this until recently

and again

it says our client obtained judgement in 2010...no they didn't, MBNA did, cabot purchased the debt with the CCJ/restriction k already in place...so cabot didn't obtain any judgements at all.

 

just shows you they havent a clue what they are talking about...

 

dx

 

 

[AndyOrch]

Just skimming through this thread......wasn't it MFS Portfolio that got Judgment and Optima legal representing them ?

 

MBNA never took you to court .....have you ever received a Notice of Assignment informing you that Cabot now legally own the debt ?

 

Andy

[dx100uk]

On 14/10/2017 at 21:47, jasmineuk said:

The restriction on the documents from the Land Registry reads

 

" 24.1.2011 RESTRICTION: No disposition of the registered estate other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to MBNA XXXXXXXXXX at care of Optima Legal, Arndale House, Charles Street, Bradford BD1 1UN being the person with the benefit of an interim charging order on the beneficial interest of XXXXX (i.e. me) made by the XXXX County Court on 14 January 2011 (Court Reference xxxxx)"

 

I didn't think to challenge it as I was with Payplan at the time and they told me to go to Court.

 

Uncle Bulgaria67 above seems to think that I have no option to pay it?

 

 i think..

 

dx

[AndyOrch]

Quote

 MBNA XXXXXXXXXX at care of Optima Legal

 

So what does that letter from Optima Legal dated 5th Oct 2017 referring to its client MFS Portfolio fit in ? has this been assigned twice ? or did Cabot take over MFS Portfolio ?

 

Either way there has to be a Notice of Assignment...and a debt with a judgment attached can be assigned.

[jasmineuk]

I'm almost sure that I was sent a Notice saying that this debt had been transferred and that Mortimer Clark were now dealing with it and told me to pay them and not Optima legal.

 

so - bottom line, do I have to pay or not?  I'm a pensioner and so an attachment of earnings order doesn't frighten me....

 

The restriction on my deeds says that notice has to be sent to ........ etc. not that it is a secured charge

[dx100uk]

On 23/03/2017 at 08:09, jasmineuk said:

MBNA have placed a charging order against my house this has been passed to Cabot.

 

Thank you.

 

dx

 

[jasmineuk]

I'm almost sure that I was sent a Notice saying that this debt had been transferred and that Mortimer Clark were now dealing with it and told me to pay them and not Optima legal.

 

so - bottom line, do I have to pay or not?  I'm a pensioner and so an attachment of earnings order doesn't frighten me....

 

The restriction on my deeds says that notice has to be sent to ........ etc. not that it is a secured charge

[dx100uk]

Pers id let this run.

noThing they can do.

its a std threat -o-gram

if they'd bothered to actually look at your situation theyd see you are on a pension and you cant have an AEO as you dont work.

 

Ignore

 

[AndyOrch]

I would have to disagree ...this is for a debt of  £11,313.14.....although an AOE may be pointless.....they could apply for a Warrant of Control to move goods. Now the judgment is over 6 years old...they already have security by way of the restriction...and you have previously been paying towards the debt.

 

Its quite simple for Carboot to substitute names as Judgment Claimant , to request permission to execute further may be a little difficult but not impossible. There is no requirement to change the name on the Land Registry as the charge is connected to the judgment number.

 

I agree there are a lot of ifs and could and maybes above...but it would be far more simple to resume payments of £20 pm than having the constant worry of whether the above may happen.

 

Just my opinion considering the amount involved.

 

Andy

 

 

[London1971]

Personally,

 

Looking at the wording of the letter, your circumstances etc, I'd ignore for now.

 

It's worth the price of a few stamps to try and terrorise you into paying them twenty quid a month again, but probably not worth the massive expense of a court case (that they might well lose) to get you paying them twenty quid a month again .

 

That said they are pretty stupid, so do run any further correspondance past us

[AndyOrch]

Quote

 but probably not worth the massive expense of a court case (that they might well lose)

 

It does not require a hearing to change Judgment Claimant name....£100 N244...job done.

 

If needs be offer a payment of £10 per month....as least you have responded..their choice of they decline.

[AndyOrch]

Also to add.....reading back payments where being made up until 2017.....therefore they might not need to permission from the court to execute further given that there has not been a 6 year gap re acknowledgment/payment.

 

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.

 

 

.

[jasmineuk]

Thank you so much!  I just sent them £10.

[AndyOrch]

  It really craws me to have to give that advice having to pay a DCA and alternate to my colleagues advice ....but for the amount of debt in question.....for the sake of resuming payment...and as little as £10 per month.....Im sure you will sleep better at night.

[London1971]

That is indeed an important thing. 

[jasmineuk]

Thank you to everybody!

[London1971]

Very welcome