CCJ Mortimer Clarke/Cabot

[Henry896]

Have received a letter from Mortimer Clarke advising I had not made payment as per CCJ issued in February 2016 and as such if I do not contact them within 7 days to work with them to review my income and expenditure and agree a monthly repayment amount they will apply for an Attachment of Earnings.

I was unaware of existence of CCJ but after some research have identified it is for a Welcome Finance Loan on which last payment was made in March 2011 through a CCCS plan (so not statue barred).

Court papers were sent to an address I left in 2009 so unable to act at the time.

CCJ stated repayment at a rate of £50 a month. Can I contact Mortimer Clarke and insist on paying that amount as it was ordered by a court rather than reviewing income and expenditure?

Any alternative advice on other strategies also appreciated.

Questions

1. Court Claim stated I took out a loan agreement with Welcome Finance on or about 28/11/2006 - this is incorrect, the agreement was taken out 10 months earlier - does this error create any grounds to set aside?

2. Court papers were sent to address at time loan taken out. Welcome would have been aware of my new address from CCCS correspondence so assume Cabot would receive this address details when purchasing debt. Does this have any bearing - as in deliberately sent papers to old address?

[Diana M]

Re: CCJ Mortimer Clarke/Cabot

I was unaware of existence of CCJ but after some research have identified it is for a Welcome Finance Loan

Court papers were sent to an address I left in 2009 so unable to act at the time.

. . . .

1. Court Claim stated I took out a loan agreement with Welcome Finance on or about 28/11/2006 - this is incorrect, the agreement was taken out 10 months earlier - does this error create any grounds to set aside?

2. Court papers were sent to address at time loan taken out. Welcome would have been aware of my new address from CCCS correspondence so assume Cabot would receive this address details when purchasing debt. Does this have any bearing - as in deliberately sent papers to old address?

If you didn't receive the claim because it was served on an address where you weren't living then an Application for a set aside would be the way forward.

When making a set aside Application my firm always files a Draft Defence to demonstrate to the court what you would be arguing in court if you were to be given the opportunity.

You seem to have issues with the Welcome Finance loan which is not unusual.

Mortimer Clarke are solicitors, so is the Claimant Cabot Financial (UK) Ltd or Cabot Financial (Europe) Ltd or someone else?

How much is the Default Judgment (CCJ)?

Di

[Henry896]

Re: CCJ Mortimer Clarke/Cabot

Claimant is Cabot Financial (UK) Ltd. Value of CCJ is £2300 of which £800 is fees and interest.

Will I need to prove they were aware of new address to use wrong address a =s reason for out aside?

Someone suggested a make a SAR request to Welcome as it may provide helpful information. Is this advisable?

[Diana M]

Re: CCJ Mortimer Clarke/Cabot

Claimant is Cabot Financial (UK) Ltd. Value of CCJ is £2300 of which £800 is fees and interest.

Will I need to prove they were aware of new address to use wrong address a =s reason for out aside?

Someone suggested a make a SAR request to Welcome as it may provide helpful information. Is this advisable?

Cabot Financial (UK) Ltd are unlicensed so that may help when you consider what to include in a Draft Defence.

Your Application to set aside should include as much factual information as possible to prove that the Claimant should have known your address at that time or could have found it if they wanted to.

For example are you on the Electoral Roll at your new address? Are you visible at the address on the Credit Reference Agencies' files because you have a bank account or credit card etc?

The fact that Mortimer Clarke have now written to you at your new address (seeking enforcement of the CCJ) suggests that they didn't find it too difficult to trace you when it suited them.

Yes you do need to send a Subject Access Request to the original creditor to see the history of this account and whether the credit agreement you may/may not have signed has been retained. It will also contain the Transaction Log which can be illuminating.

If you didn't receive the claim form which would presumably have been issued/served in January 2016 (if Default Judgment was February 2016) does this suggest that you also didn't receive any Notice of Assignment when the debt was sold to Cabot?

Out of interest, who was the "someone" who has been advising you?

Di

[Henry896]

Re: CCJ Mortimer Clarke/Cabot

The 'someone' is a friend I confided in who had a similar experience (hadn't actually got to court).

I have been on the electoral role at every address I have lived and have had the same bank account for 25 years which have been informed every time I have changed address. For clarity, I left the address against which the claim was made in February 2009 and have moved address on 2 further occasions since then, the last time in April 2016.

To the best of my knowledge I did not receive notification of assignment.

Is there a form to apply for set aside? Also, is it an actual court appearance or a review of documents by a judge and what is the time frame from application for set aside to court case/review?

[Guest]

Re: CCJ Mortimer Clarke/Cabot

Cabot Financial (UK) Ltd are unlicensed so that may help when you consider what to include in a Draft Defence.

Your Application to set aside should include as much factual information as possible to prove that the Claimant should have known your address at that time or could have found it if they wanted to.

For example are you on the Electoral Roll at your new address? Are you visible at the address on the Credit Reference Agencies' files because you have a bank account or credit card etc?

The fact that Mortimer Clarke have now written to you at your new address (seeking enforcement of the CCJ) suggests that they didn't find it too difficult to trace you when it suited them.

Yes you do need to send a Subject Access Request to the original creditor to see the history of this account and whether the credit agreement you may/may not have signed has been retained. It will also contain the Transaction Log which can be illuminating.

If you didn't receive the claim form which would presumably have been issued/served in January 2016 (if Default Judgment was February 2016) does this suggest that you also didn't receive any Notice of Assignment when the debt was sold to Cabot?

Out of interest, who was the "someone" who has been advising you?

Di

There does seem to be some evidence that DJ's tend to rule against attempts to evade paying on "technical grounds". Their view is a simply, "You owe the money so you should pay"

On LB there are many giving advice so who is the someone ?
Why the reticent?

[Henry896]

Re: CCJ Mortimer Clarke/Cabot

Not reticent, just a friend who had a similar experience, gave what advice they could and directed me to this site for further guidance.

[Diana M]

Re: CCJ Mortimer Clarke/Cabot

On LB there are many giving advice so who is the someone ?
Why the reticent?

I didn't see it as reticence since it's not relevant to the OP's enquiry.

I asked out of curiosity in case it was advice from another law firm and I didn't want to be in a position of giving conflicting advice (out of courtesy).

Di

[Diana M]

Re: CCJ Mortimer Clarke/Cabot

Is there a form to apply for set aside? Also, is it an actual court appearance or a review of documents by a judge and what is the time frame from application for set aside to court case/review?

My approach would be to write to Mortimer Clarke solicitors putting them on notice that you'll be making an Application to set aside the Default Judgment. Ask then to consent to the set aside to avoid court costs.

They've written to you threatening an AOE Application and have demanded a response within seven days. Your letter will be your response to their letter.

I'd give them seven days to consent and then issue the Application if they don't.

Di

[Henry896]

Re: CCJ Mortimer Clarke/Cabot

I am not opposed to paying off the debt. I am just unhappy about the CCJ as I had no opportunity to resolve due to sent to the wrong address.

Is their any value in my letter to Mortimer Clarke stating i am happy to make an arrangement to repay but want judgement set aside?