Mortimer Clarke, ME III Ltd

[ghostie]

We have just got a letter from these people saying we owe almost £8000 saying it was for failure to keep up on an agreement for a car that was returned in 2005 and apparently the last payment was made on the agreement in Dec 2011.....they have no documentation at all i.e. original agreement , how much we have paid and said they have issued a CCJ to an address in January this year that we haven't lived in for 10 years ....we are totally gobsmacked , we don;t have £8,000....the car was only around £3,000 and after it was sent back apparently we were paying £50 a month until 2011 .....really don't know where we stand on this....We got a phone call this evening but they couldn't tell us where they have got this figure from ...only that £540 was for their admin costs....any help would be appreciated ...thank you

[warwick65]

Re: Mortimer Clarke, ME III Ltd

If you have only just found this out you could apply for a set aside at which point the whole thing starts again.

How do you know they have no documents?

8000 is a lot so worth considering fighting this and getting it set aside
[MENTION=87380]Diana M[/MENTION] Di might be able to offer some relevant insights

[Diana M]

Re: Mortimer Clarke, ME III Ltd

got a letter from these people saying we owe almost £8000 saying it was for failure to keep up on an agreement for a car that was returned in 2005 and apparently the last payment was made on the agreement in Dec 2011.....

and said they have issued a CCJ to an address in January this year that we haven't lived in for 10 years ..really don't know where we stand on this.

ME III are unlicensed so that would be my firm's starting point as a potential draft Defence to accompany any set aside application.

Di

[ghostie]

Re: Mortimer Clarke, ME III Ltd

They told us they have no documentation...

[Diana M]

Re: Mortimer Clarke, ME III Ltd

They told us they have no documentation...

Is there a CCJ (Default Judgment) against you?

Did they tell you that they had no documentation before or after they entered Judgment against you (if they did)?

Di

[ghostie]

Re: Mortimer Clarke, ME III Ltd

They couldn't give a breakdown on where this amount has come from that we would have to contact the client direct....asked who the client was and were told MEIII so I said well isn't that you and she said no.....I proceeded to tell her that I had looked them up online and that they were in fact one and the same ....she got a bit flustered , I told her I wanted everything in writing and via e-mail but she said she didn't have the documents . I asked her how we find out and all she kept saying was they didn't have documentation and to wait for their letter that was sent out yesterday. This is really winding me up because they are not being clear ....I also find it really hard to believe that they didn't know that we were not in that property anymore 10 years on....

[Diana M]

Re: Mortimer Clarke, ME III Ltd

Do you have a CCJ?

Di

[ghostie]

Re: Mortimer Clarke, ME III Ltd

Hi Di....sorry was venting so much I missed your reply, they told us tonight that judgement had been issued to an old address in January this year for attachment of earnings ....haven't said which court or anything but what I find strange is that it is almost 6 years apparently since we made the last payment to the so called client .....why has it taken them almost 6 years to send a judgement to the wrong address anyway ?

- - - Updated - - -

Especially since they managed to find our current address to notify us of a judgement made to the wrong address in January

- - - Updated - - -

We don't actually know if there is a ccj or not

[Diana M]

Re: Mortimer Clarke, ME III Ltd

Hi Di....sorry was venting so much I missed your reply

. . . judgement had been issued to an old address in January this year for attachment of earnings ....

We don't actually know if there is a ccj or not

If there's an Attachment of Earnings Order (is there?) then that will likely be as a result of enforcement action by the Judgment Creditor for non payment of a CCJ.

Has your employer been notified of the AOE?

Have deductions been made from your salary/wages?

Di

[ghostie]

Re: Mortimer Clarke, ME III Ltd

No there's nothing ....it is the first we have heard of it , how would they know where he worked lol, they didn't even know where we lived

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

Have they given you a claim reference number on the letter or the AOE order? If so you could call the court and ask if there is a CCJ or the status of this claim. You can ask them to send you a copy of the claim/judgment if one exists - it's a bit hit or miss who you get on the phone whether they will or not. I'd go with Northampton County Court Business Centre as it was likely to have started there, although for enforcement it should have been transferred to your local court.
Check your credit file and maybe check trust online ( registry trust ) at your old address.
Ask Mortimer Clarke to send you copies of the claim & judgment & AOE order as you have received nothing.

You need to find out the information to know where to go next with this - you may well be applying to set aside the judgment as it was brought at an old address and is a judgment in default, and it sounds like you have some dispute over the debt.

[ghostie]

Re: Mortimer Clarke, ME III Ltd

They haven't sent copies or any claim numbers.... there's nothing on credit file either

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

Okay, well see what this alleged letter says when it arrives - if it's also completely useless you could give Mortimer Clarke a call and ask them for the Claim Number ( they must have that at least) - don't get into any discussion about the claim with them, you just need the information to assess your position. Alternatively ( or as well as ) give Northampton County Court Business Centre and see if they can find it with your name and the address the judgment would have been at. If it was a default forthwith judgment order it may not be on your credit file or register until they go to enforcement.

[Diana M]

Re: Mortimer Clarke, ME III Ltd

If it was a default forthwith judgment order it may not be on your credit file or register until they go to enforcement.

Default Judgments are automatically registered regardless of any enforcement issues.

1. After a trial/hearing there is no requirement for the Claimant to notify the court when the Judgment debt is paid. It is only if they make an application to the court to enforce the Judgment (thereby notifying the court that the Judgment monies have not been paid) that the court would even notify Registry Online of the Judgment.


2. The only Judgments that are automatically sent by the court to the Registry Trust to be registered on your credit history are Default Judgments and admissions. If these judgments are not paid within 30 days (or a month) then the Judgment will stay on the defendant’s credit history for 6 years.

In this situation the OP believes that there has been an Attachment of Earnings Order which would be "enforcement" so the CCJ would be registered.

I agree that there are a lot on unknowns at the moment which need to be established and Mortimer Clarke needs to establish them preferably in writing not over the phone. A paper trail can be useful for any potential Exhibits in a future Application to set aside the CCJ (if it exists).

We recently defeated a Summary Judgment when the Defendant was able to produce evidence from a Subject Access Request sent to the solicitors for the Claimant (no names mentioned ) which proved our case.

Perhaps the OP should send a SAR to Mortimer Clarke.

Di

[Diana M]

Re: Mortimer Clarke, ME III Ltd

saying we owe almost £8000 saying it was for failure to keep up on an agreement for a car that was returned in 2005 and apparently the last payment was made on the agreement in Dec 2011.....they have no documentation at all i.e. original agreement , how much we have paid and said they have issued a CCJ to an address in January this year that we haven't lived in for 10 years ....we are totally gobsmacked , we don;t have £8,000....the car was only around £3,000 and after it was sent back apparently we were paying £50 a month until 2011

You say the car was only around £3k which suggests that you recognise the car finance deal so maybe send a Subject Access Request to the original creditor (who was it?) to get the full history of the account to see how they got to the £8k CCJ figure.

A SAR will also enable you to see if the original credit agreement still exists and if it was flawed in any way so if you are successful with an Application to set this aside the CCJ you may have something to argue in your Defence. (A set aside removes the CCJ but the claim still exists to be defended.)

You refer to "we" so is the CCJ in your name, your partner's name or in joint names as 1st and 2nd Defendant?

Di