Mortimer Clarke, ME III Ltd

[ghostie]

Re: Mortimer Clarke, ME III Ltd

This wasn't address where we bought the car....this address we left in 2008 I think....I surrendered the car at the address before this ..it wasn't re possessed....we then agreed payment of £50 a month and according to MEIII these stopped in 2011....

- - - Updated - - -

We bought the car in Lancashire before we moved to Birmingham

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

Did you inform the company you had moved in 2008 ( as you were still making payments till 2011 )

( basically we're trying to find out if the claimant or previous creditor knew you had moved and sent the claim to an old address on purpose to avoid your defending it )

[ghostie]

Re: Mortimer Clarke, ME III Ltd

I think so ...not sure because it's so long ago but I'm almost sure that we had statements sent to next address.....Also my husband has always been on the electoral register so they could have found him wherever we were

[ghostie]

Re: Mortimer Clarke, ME III Ltd

Hi....sorry to be a pain but can someone advise me what to do next please ....It is ruining my life ...I can't sleep...not functioning at all at the moment , really worried sick...thank you

Can someone point me in the right direction please ....don't know where to go next

[Debt Camel]

Re: Mortimer Clarke, ME III Ltd

tagging [MENTION=6]Amethyst[/MENTION]

[Diana M]

Re: Mortimer Clarke, ME III Ltd

I have already suggested that your husband should seek professional legal advice for this £8k Default Judgment (CCJ).

I've also advised you that ME III is unlicensed which may have legal consequences for them.

It's tricky to comment without my seeing the paperwork.

They inform you that it was a Default Judgment since no response was received to their claim. They say if you wish to dispute the Judgment you should seek legal advice. I would agree with that since this is a large sum of money (over £7k) and if you own your own home the Judgment Creditor may seek a Charging Order on it as their preferred enforcement choice.

Di

[warwick65]

Re: Mortimer Clarke, ME III Ltd

Ghostie
I have just read your thread and noticed the address Amethyst gave is also the address for provident doors step loans so my guess they are all connected.

You seem really stressed so why not get some initial legal advice, some, for example the company [MENTION=87380]Diana M[/MENTION] represents give free initial advice

. There is an email link in her signature.

If you are not sure about them, read my success thread where the firm beat a £5000 claim against me which I had been told by others was not defendable. I would trust both of them with my life.

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

http://legalbeagles.info/library/how...-judgment-ccj/ There’s info on set aside there ghostie as a start xxx

Set Aside Application is really what you need to be getting underway Ghostie if you want to have any opportunity to defend this claim. There is a court fee (£255) to apply for the judgment set aside - you may be eligible for fee remission ( check the EX160 forms ). This, if you succeed, removes the CCJ and returns the claim to the beginning so you can defend. At the minute you need to show that they sent to the wrong/old address despite them having your current address and that you have a reasonable chance of defending the claim.

The alternative is to accept the CCJ on the register for 6 years and negotiate with the judgment holder on the payments missed to date and pick up the £50 a month.... or if that is too high you could apply to court to vary the amount ( form > http://formfinder.hmctsformfinder.ju...k/n245-eng.pdf - court fee £50 I think ) but I would, if you don't feel you can deal with the set aside application and defending the claim, give someone a call who can advise you - whether that be a consumer credit firms like the ones [MENTION=87380]Diana M[/MENTION] or [MENTION=551]pt2537[/MENTION] work for ( which might have some fees if they go on to act for you but a free initial chat with them might help you work out what you want to do) or a local law centre, or even citizens advice can give you a hand. And of course if you want to go it alone then we're about to give you a little bit of support filling in the forms / witness statements etc informally xxx
[MENTION=98117]warwick65[/MENTION] - yep they're all the same bunch - ex Yes Car Credit.

[Diana M]

Re: Mortimer Clarke, ME III Ltd

can someone advise me what to do next please ....It is ruining my life ...I can't sleep...not functioning at all at the moment , really worried sick...thank you

Can someone point me in the right direction please ....don't know where to go next

Your next step is to make an Application to set aside your husband’s CCJ unless he wants to negotiate a payment schedule with Mortimer Clarke solicitors to avoid an Attachment of Earnings (which you say has been mentioned) or any other enforcement action.

You say you weren’t living at the address where the court claim was sent, and you believe they may have written to your husband at your subsequent address so they should/would have known that you weren’t living at that address (where the claim form was served). So that could be your starting point for a set aside.

Di

[ghostie]

Re: Mortimer Clarke, ME III Ltd

Thank you... I have emailed them again requesting DAF contact details because my husband spoke to them on Monday due to having another letter from them saying we haven't responded to their last letter when in fact I have emailed them and they haven't responded...we want to know where they have got the figures from and they are not saying.

[Diana M]

Re: Mortimer Clarke, ME III Ltd

I surrendered the car at the address before this ..it wasn't re possessed....we then agreed payment of £50 a month and according to MEIII these stopped in 2011.

May I asked who told you that those payments stopped in 2011 and what evidence is there of that date?

I ask because the claim was issued in December 2016 so is there any remote possibility that the payments stopped earlier than 2011 which could have made the debt Statute Barred before the claim was issued?

It probably wasn't but there's no harm in checking these things.

Di

[ghostie]

Re: Mortimer Clarke, ME III Ltd

MEIII told us we had paid until 2011

[Diana M]

Re: Mortimer Clarke, ME III Ltd

I think so ...not sure because it's so long ago but I'm almost sure that we had statements sent to next address.....Also my husband has always been on the electoral register so they could have found him wherever we were

Some more questions (sorry!).

Do you mean that DAF sent statements to your previous address which is where the claim form was sent so that address may have been your "last know address" as far as they were concerned?

Have Mortimer Clarke said when MEIII purchased the debt because there's no date for the assignment in those Particulars of Claim sent to you by the court?

If you've looked at your CRA file does it show any search carried out by Cabot/ME III before the claim was issued in December 2016? Searches should remain visible for two years on a CRA file.

Di

[Diana M]

Re: Mortimer Clarke, ME III Ltd

MEIII told us we had paid until 2011

They told you on the phone or they sent you a letter with evidence of your last payment to DAF?

It may make sense to send a Subject Access Request to ME III to see what information they have on their database.

I think you need a paper trail not phone calls and/or emails between your husband and them. Everything in writing has the potential to be evidence in court

Di

[Diana M]

Re: Mortimer Clarke, ME III Ltd

I have emailed them again requesting DAF contact details because my husband spoke to them on Monday due to having another letter from them saying we haven't responded to their last letter when in fact I have emailed them and they haven't responded...we want to know where they have got the figures from and they are not saying.

Maybe they're ignoring your emails because the CCJ is in your husband's name not yours. It's a Data Protection Act thing I'm afraid. They don't have to deal with you.

He will need to give them written authority to discuss his situation with you if that's what he wants.

Di