Another "Mortimer Clarke Solicitor Judgement for claimant" letter

[beastofbobmin]

This is a similar story as per http://www.legalbeagles.info/forums/...ement+claimant

I have basically just received a similar letter from the Northampton County Court detailing that I have missed my court date and that I owe MCS £5894 inc fees .
However like the above thread I have not received any letters informing me about anything until today
I also find that amount weird and i dont recognise it as a debt i owed or owe.

Background
My credit past is a bit shady as when I was at uni i ended up racking up £21000+ worth of debt, I have finished UNI in 2007. I agreed with all my creditors at the time a informal payment plan with the help of the CAB, I have nearly finished paying the debts with around £700 left.
Since then ive not heard much about it with the exception of the annual/monthly letter to say "I should increase the payment".
I have never missed a payment from 2007 onwards and have never seen a letter from MCS before.
I've been at my current address for the past 3 years and my previous address, my family lives at and forwards the post to me on a weekly basis(if any).
My credit file is currently showing me only owing 2 debts which are currently being satisfied by my repayment plan.
I've also today been notified that a valid public records exists with my name,
Recently due to my job (started in august this year) i got asked to provide proof for paying/satisfying the debts


I dont know if this is a coincidence but could asking the debtors for proof of payment or satisfaction cause unknown debts to come up?
I am also not sure what to do or where to go with this as the letter dated the 10th of this month has only just arrived. Which means that i have only 9 days to do something about it.
One of the bigger issues with this is that ideally I need the CCJ record struck off my file as when my employer checks my file, I will probably get fired/released/suspended (different conversation to have and i will probably inform them tomorrow when i go in for work)
This will mean that I wont be able to pay a penny back if that happens.

I am also getting confused as im getting conflicting advice from the National Debt Line and also what i am reading on-line.
The NDL are suggesting is best to pay and try to claim money later however i cant afford to pay the full amount.

Any help is appreciated.
Thanks
beastofbobmin

[Amethyst]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

Hi and welcome to LB


First question, and sorry it's brief, what was the original debt ?

Also - telephone the court tomorrow and ask them what address the court papers were sent to as you knew nothing of this until today. Ask them to send you the set aside forms and note on your file you will be applying to set aside.

If you have the judgment set aside it will come off of your file (or not be entered as it won't be until 28 days after judgment) and you will go back to the point of having acknowledged the original claim and can work on your defence from that point.

But need to know a bit about the original debt firstly.

Talk tomorrow

Sharon
xx

[beastofbobmin]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

Hi Sharon
Thanks for the very quick reply and the welcome.
I owed 3 (Halifax,capital one,barclays) credit card balances, 2 loans (egg, alliance and leicester) and 3 (barclays, nationwide, halifax ) overdrafts all with different creditors all totalling around the 21000, the agreement with details is currently at work so can provide it tomorrow once i am back tomorrow if necessary
Thanks again

[Amethyst]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

So you're not sure exactly which debt this judgment is for.

Definitely give the court a ring tmw - it will be northampton county court business centre 0300 123 1056 / 01604 619400 and get the process of setting it aside started.

There's a brief guide here -> http://www.legalbeagles.info/forums/...lication-notes - which will give you an idea of the process and an outline to help you get started.


Something going on either with Mortimer Clarke or Northampton Court Centre as this shouldn't happen - if the courts have the right address to send the judgment order too, the court claims should come through as well... definitely need to ask some questions.

[beastofbobmin]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

Thanks for the reply.
OK
I've done a little digging as i couldn't sleep and i have traced it back (i think)

• MCS are claiming for an egg loan that was setup in 07/04/2006 for £4000.
• I stopped paying Egg due to financial difficulties on the 30/04/2008.
• This debt was then bought by westcot and that's whom i had an arranged informal plan which i have paid in full.
• However i contacted the court and asked for some details that were included in the court documents.
• It turns out that MCS acquired the debt on the 04/11/2008

So after reading docs after docs online i think i have enough to claim the debt is older than 6 years (statute barred debt)
Am i correct in assuming this?
I gathered I need to collect all the evidence i can to prove this.
I have not asked the court to do anything yet so i will need to ring them back asap. I take it i still need to do the above.

Thanks
Dario

[Amethyst]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

Had you not said

• This debt was then bought by westcot and that's whom i had an arranged informal plan which i have paid in full.

Then I'd be inclined to agree with you

So we need to know a bit more about that arrangement with Westcot. Did you get anything to say it had been settled ?
How long were you paying it over and when did you stop ?

[beastofbobmin]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

The informal agreement was to pay £100 a month until the £4000 was paid off. So probably safe to say i paid it off in january 2013.

I need to scour the many boxes of paperwork to try and find the correct papers and I will need to contact Westcot to get something in writing to say that it has been settled as I cant find the paperwork, otherwise my defence is non-existent.

[Amethyst]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

Okay so were Mortimer Clarke acting as solicitors for Westcot - or acting on their own behalf ?

[Amethyst]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

Ah also, that you finished paying in Jan 2013 will mean it is definately not statute barred.


Your defence isn't non existent but you may have trouble evidencing what you say, but Mortimer Clarke will have to evidence otherwise.

[beastofbobmin]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

Hi Again,
Thanks for the prompt response and help/suggestions.
OK i have a full set of events now and unfortunately it gets more complicated.

• I entered a loan contract on 07/04/2006 with egg
• I stopped paying Egg due to financial difficulties on the 30/04/2008.
• Egg then got westcot involved (dates aren't clear as egg or westcot don't hold records for that long so i get told.)
• I went through the CAB and got a reply from all my accreditors that they accept all the conditions and repayment plans on 29/09/2008
• However on the 04/11/2008 somehow the debt got transfered to Cabot.
• I carried on paying westcot as per our agreement and because ive not been told otherwise.
• however on the 09/11/2008 i get a letter from cabot saying that we need to talk about something (no other information), i chose to ignore that letter at that time for what ever reason.
• Since then i cant find anymore letters from cabot or Mortimers about anything at all.
• I finish paying westcot in 30/01/2013
• 15/10/2014 i get a defaulted CCJ.

What i would like to know is how to proceed from this.
Do i plea with Mortimer and get them to cancel the ccj and accept a repaiment plan and then put a claim against wescot so that i can regain the money and pay the moneys to Mortimer
Or do i go and try and defend my self in court?
thanks

[beastofbobmin]

Re: Another "Mortimer Clarke Solicitor Judgement for claimant" letter

Hi Again,
Thanks for the prompt response and help/suggestions.
OK i a full set of events now and unfortunately it gets more complicated.

• I entered a loan contract on 07/04/2006 with egg
• I stopped paying Egg due to financial difficulties on the 30/04/2008.
• Egg then got westcot involved (dates aren't clear as egg or westcot don't hold records for that long so i get told.)
• I went through the CAB and got a reply from all my accreditors that they accept all the conditions and repayment plans on 29/09/2008
• However on the 04/11/2008 somehow the debt got transfered to Cabot.
• I carried on paying westcot as per our agreement and because ive not been told otherwise.
• however on the 09/11/2008 i get a letter from cabot saying that we need to talk about something (no other information), i chose to ignore that letter at that time for what ever reason.
• Since then i cant find anymore letters from cabot or Mortimers about anything
• 15/10/2014 i get a defaulted CCJ.

What i would like to know is how to proceed from this.
Do i plea with Mortimer and get them to cancel the ccj and accept a repaiment plan and then put a claim against wescot so that i can regain the money and pay the moneys to Mortimer
Or do i go and try and defend my self in court?
thanks