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Mortimer Clarke Attachment of Earnings for 13 year old CCJ

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  • Mortimer Clarke Attachment of Earnings for 13 year old CCJ

    In 2008 I was in a financial mess, and had a CCJ for Northern Rock of 14k granted, which was later converted into a Charging Order. In 2009, the house got repossessed, and I was hit with a mortgage shortfall of 65k. I did not respond either to the shortfall letter or the Charging Order, which I assume became unsecured after the sale, as I also lost my job then.

    I have recently received a letter stating that Marlin V Europe had 'obtained' a CCJ against me, and an attachment of earnings order will be requested for payment of the CCJ. Is it possible for an attachment of earnings to be granted for a CCJ that was turned into a secured loan then became unsecured in 2009? I have never written or replied to any letters, and the CCJ was for the full amount owed, giving no opportunity for payment to be made.

    Mortimer Clarke have the CCJ, but this was for Northern Rock and not Marlin. Are they able to switch the organization that was granted the CCJ, or do they need to go to court for this? I have also read that a CCJ older than 6 years requires a court permission to enforce, but have also seen articles that contradict this - not sure where I stand with this part either, or the Charging order that I assume was unpaid after the sale.

    I am unsure if I should write to them now or wait until the actual action is taken - anyone know if I can dispute an Attachment of Earnings order once applied for or is this not possible?

    Thanks in advance,

    1NDEBT

    Tags: None

  • #2
    Mortimer Clarke / Marlin / ME111/ Cabot. And various other names are the same crowd, just move the tables.

    Comment


    • #3
      Any advice on what to do?

      Comment


      • #4
        Sorry I am not that knowledgeable on this, I would contact one of the charitable debt agencies NOT CAB

        Comment


        • #5
          spend some time looking around the site of other people ,lowells experience and see how things operate. do not talk to lowells unless advised here.

          Comment


          • #6
            Thanks. I have so far ignored all letters from MCS on this so hopefully if an application is made I will get the chance to contest it based on what I can see in other posts.

            I will provide an update as soon as I have one, and will wait for any advice provided as above.

            Comment


            • #7
              The statute of limitations is normally six years but for a mortgage it is twelve years.

              It would be helpful if you obtained a copy of your credit file, then maybe you could tell us more.

              Comment


              • #8
                Thanks.

                My credit file has no reference to the old CCJ / CO or the original debt that it was based on. There is also nothing recorded in Trust Online either at the repossessed address or at my current address for Marlin V Europe. I do have CCJ's that are being paid, and only these show up in my credit file and Trust online report.

                Comment


                • #9
                  I'm in a similar situation with 7 yr old mortgage shortfall with money order and am considering my options.

                  Any update on your situation?

                  Comment


                  • #10
                    Originally posted by jack View Post
                    I'm in a similar situation with 7 yr old mortgage shortfall with money order and am considering my options.

                    Any update on your situation?
                    old thread start one of your own for advice?

                    Comment

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