Cabot / Mortimer Clarke - Threatening Letter ( i think )

[Diana M]

Brilliant, Thank You I am hoping this will ease her worries, before the next step.

The object of the exercise is to take control of the situation.

You start asking them to prove their assertion that there's a CCJ while at the same time you reveal nothing!

If there really is a CCJ and if it was obtained 'behind her back' then that's when an Application to have it set aside may be the next step if she would have had a Defence to the Claim if she had been given the opportunity to defend it.

Cross each bridge as you/she get to it.

Di

[Diana M]

What i do know, is, her ex husband at he time took the loan out, and "cleverly" put her name first in the application. They lived together, he walked out and lumped her with all the debts, there is NO mention if 1st defendant or 2nd Defendant, just XXXXXXX name,

I think you would be wise to delete your wife's name in your post, and replace it with XXXXXX.

Solicitors read these forums so that could help them to identify her.

Di

[Diana M]

What i do know, is, her ex husband at he time took the loan out, and "cleverly" put her name first in the application. They lived together, he walked out and lumped her with all the debts, there is NO mention if 1st defendant or 2nd Defendant, just XXXXXXX name,

On what document have you seen "NO mention of 1st Defendant or 2nd Defendant"?

Di

[Kati]

I think you would be wise to delete your wife's name in your post, and replace it with XXXXXX.

Solicitors read these forums so that could help them to identify her.

Di

sorted

[Quasar911]

On what document have you seen "NO mention of 1st Defendant or 2nd Defendant"?

Di

The cabot/mortimers letters. Unless of course you was referring to the potential CCj.

I will keep you posted, will send of letter today.

[Quasar911]

Update :

Few days ago got a letter from Mortimer Clarke telling my wife to cancel the payment with Cabot and to start paying MortimerC WHILE they are investigating the potential CCJ,

This cannot be right, i have told my wife not to pay anyone and to cancel the previous collectors payments,

She is worried that it will all come back on her and she will start having to pay hundreds.

I said to her not to worry, they are just trying it on, and to get you to pay something,

Where do we really stand on this, i believe Mortimer Clarke cannot even find any proof of debt let alone any potential CCJ,
How long do we give them before we can relax and say to them "go away - not interested"

Regards
Q and a Worried Wife

[Amethyst]

I think you should first send a Subject Access Request to Cabot to find out the history of this - I might also be inclined to send one to Egg to get the original loan information.

I believe the court will have removed the records, and they will have fallen off the register after 6 years, but it may be worth your wife calling them to ask them if they have any record of a judgment in her old name/old address ( likely the details when the egg loan was taken out ). Worth a try while you wait for the SAR information to return.


Put all her old names/addresses in the SAR request for information too.
http://legalbeagles.info/library/gui...ccess-request/

[Amethyst]

Also, the judgment will have been obtained by Cabot - maybe Mortimer Clarke acting for them, but Cabot will be the judgment holder. Therefore you are under no obligation to pay Mortimer Clarke unless they have made an application to the court to change the judgment holder and assign it to Mortimer Clarke.Any judgment would have been to pay Cabot - either forthwith or by installments - I don't suppose your wife remembers precisely about the work CAB helped her with - whether it was an application for redetermination at the court or just a negotiation with Cabot - but if it was a forthwith order and she negotiated these £1 a month payments to stave off any enforcement action they could try to enforce the judgment now her circumstances have improved ( presumably ).... the judgment should also be against her ex btw so he may well have been paying it as well.... so sending the SAR is going to really help get this all sorted out and get you all the information needed to try bring matters to a close so she can move on.

( sorry rambling along there and forgot to put any paragraphs in .... oops )

[Quasar911]

hello., thank you for reply,

when she was consulting with CAB, they got the interest frozen and came to an agreed negotiation.

She is adamant that there has been no CCJ or court order for payments.

We know for sure her ex has/had been paying nothing, as they are trying to demand to full sum plus interest from her only.

Was i right though in telling my wife to stop paying cabot £1 as the mortimer letter instructed her to do so anyway. and to start paying them, which i told her not to.

SAR is free now isnt it ?

[Quasar911]

Hello All, its been a while since we heard back from Mortimer Clarke asking for proof and evidence of any CCJ against my wife,

The letter she got today is basically :

we refer to the above matter and note that we agreed to hold the account pending further contact from you. We have not heard from you as agreed. please therefore contact us within 7 days so that we may discuss the matter further, if we do not hear from you your account will no longer remain on hold.
-_____

Now, my understanding is that we are waiting for them to prove there is a CCJ and to prove that the debt is vaid,

Are they just being cheeky and desperate again ?

I have just done a trust online and paid £10 for my wifes names and current address and it came back with all clear and nothing found, does the search ONLY search for that name i entered or does it scan her as a person and any names used like a credit file

Thanks
Q.

[Quasar911]

Amethyst or anyone

[Amethyst]

That letter doesn't say anything does it. And they haven't provided any evidence of the alleged Court Claim. The CCJ won't be on trust online or the credit file any more as it is over 10 years old. If MC / Cabot want to collect on it they will have to evidence it exists.

Not sure why they are saying they were waiting for contact from you when it was them being waited on... maybe we should reply pointing that out.

Did you get anything back from the SAR ? ( did you send one ?)

[Amethyst]

Dear Mortimer Clarke

Ref: xxxxxxxxxxxxxx

Thank you for your most recent letter dated xxxx 2018 in which you state that the account will no longer remain on hold. If you recall the account was on hold pending your providing me with full details of the county court judgment. As I have previously stated, I have no record of any such court judgment and further request the details so I may obtain details from the court in order to consider my position further;

Claim Reference Number
Date of Issue
Date of Judgment
Amount of Judgment
Court that issued the Judgment
Full statement of the account from Judgment to date.

I look forward to receiving the details.

Kind regards

xxxxxxxxxx

[pt2537]

id add

We reserve the right to draw this correspondence to the Courts attention if required

If they delay then they may try and oppose later any application to set aside on the basis of delay, at least this way youre putting them on notice of the fact that youll flag this with the Court if they mess around

[Quasar911]

fantastic - thank you all - regards the SAR i thought i did send something but alas i must have forgot - who shall i send the actual SAR to ? MC or Cabot