Mortimer Clarke letters

[Red_Scouser]

Hi all, first time here.

I have started to receive letters from Mortimer Clarke Solicitors for whst I believe is a credit card from 2006/7, I haven't received any communication regarding this since 2008 at the latest and nothing has shown on my credit file from Oct 2014 (not sure before this date) when I started checking my file on a monthly basis through Noodle.

Any advice would be appreciated. Scan 9 Oct 2018.pdf

[Amethyst]

They seem to be saying they have a CCJ already, obtained by DLC - no CCJs showing on your credit file ? Have you checked the register at trustonline ? Need to find out if s CCJ exists and when it was obtained to decide if you want to apply to set it aside or try sort it out before any enforcement by MC. Any claim number referenced in those letters at all ? Have you moved house over last 4/5 years ?

If you can't find anything we'll need to write to MC to dispute their claims and ask for details of the judgment.

[Amethyst]

Actually there Should be a claim reference on that notice of chAnge of solicitor - Ring the Northampton county court business centre and ask them if they could email you details of the claim & judgment xxx 0300 123 1056
They will keep you on hold for a while as they're rubbish but needs must I'm afraid.

[Red_Scouser]

There is a claim ref but nothing showing on trustonline, I have lived in current address for 8 years.

The only thing I remember fromfrom the original credit card company is a letter saying that they had obtained a charge on my property and as such thry would not persue payment at that time, this was probably mid 2007, I don't remember receiving anything from the courts

[Amethyst]

Hmmm, might need to check with land registry too - MC don't seem to be aware of charge on property as that's what they are threatening to do as enforcement. https://www.gov.uk/search-property-i...-land-registry

We need to find out the situation so you can figure out how to deal with MC.

It may be over six years since the judgment so it's fallen off the credit file & register before you started checking in 2014 - so judgment in 2008 ? Charging order may have been on previous property maybe ?

DLC was generally LLoyds stuff

[Red_Scouser]

Original company was MBNA, have now phoned Northampton county court, they say claim number is non existant, I told them it could relate to 2007/8 and they tell me that being the case all files would have been destroyed.
re the charging order, this was for a previous address that was repossessed by the mortgage company in 2008.

[Amethyst]

Okay ... yes MBNA it says in the letter doesn't it ! Sorry ...

hmmm well enforcement on a ccj after 6 years needs permission - I'll have a look into the lapsed charging order - I think that was the enforcement and they've missed their boat in not claiming the money when the house was repossessed. I'll look into it and come back to you with a reply to MC soon as xxxx

[Amethyst]

Okay , do you recall much about the repossession ? When the house was repossessed the mortgage co should have taken what they were owed and informed the charge holder, potentially paying the debt off, before returning any excess ( it happens occasionally lol ) to you. So may be worth getting a full subject access request for information from the mortgage company to find out what happened there.

If the Judgment holder wasnt paid then yes they could enforce using an alternative method. However as the charge 'died' over six years ago I think there is still an argument on limitations of enforcement. The judgment and charge holder would have been notified of the 'sale' so they could have acted long before now.

Its unlikely MC know the full history so I reckon go back and say this was all dealt with during the repossession over six years ago and ask for evidence & documents if they think otherwise, and that any efforts at other enforcement will need permission of the court and would be defended.

[Red_Scouser]

I have also spoken with St Helens county court as this is where MC sent their notification of change of solicitor, they also say it is a non existent claim number, they checked an all court record and could not find the claim number, also told me they would have a digital record if it was old but could not find that either. Not sure what grounds MC will have if this claim cannot be found

[Amethyst]

Did you ask them if they'd received MC's notification of change of solicitor and if so, what they were doing with it if there was no claim to apply it to ?

[Red_Scouser]

No just asked for details of the claim

[Amethyst]

Okay. I think you need to respond to the letter as I don't think they would bother with the notice to the court if they weren't seriously looking at enforcement applications ( either bailiffs / charge / attachment earnings etc ) even though they'd need permission - they may simply be unaware of the age of the judgment. I can't see in the letters the date of judgment mentioned ( is it on the top of the notice to court form ?) ( just checked - no it isn't generally

https://assets.publishing.service.go...0/n434-eng.pdf )

So thinking something along these lines....

Dear Mortimer Clarke

Ref: xxxxxxxxxxxx

Thank you for your recent letters dated 14th and 28th September 2018 in which you indicate you are acting for your client - MEIII Limited - with regards a County Court Judgment which has been assigned to them by 'DLC'.

This has caused some concern and confusion, and therefore in order to consider your claims I will require more information than you have provided.

On the enclosed notice of change of solicitor you quote a Claim Number. I have been in contact with the Northampton CCBC and the court at St Helen's (where your notice was sent) and neither hold any details of such a CCJ. I have also checked TrustOnline and my credit files and neither of those carry any information relating to your claim.

I'm sure you will be aware that any alleged debt with MBNA which you claim 'DLC' obtained a judgment on, would be well over 6 years old and as such, statute barred pursuant to section 5 of the Limitation Act 1980. If there were any court judgment, your client would require permission from the Judge to enforce as the Limitation Act 1980 states that enforcement action cannot be commenced in respect of a Judgment Order after 6 years from the date upon which the Judgment became enforceable.

Therefore, if you could send me a copy of the original claim and judgment, and any other information you may hold regarding the matter, it would be much appreciated. I have not received any notice of assignment or other communication from DLC at all.

I look forward to hearing from you.

Kind regards

xxxxx

[Red_Scouser]

Will do, will post back once I have a rely.

Thanks for your help

[Red_Scouser]

Hi

So we had an exchange of letters as below, they seem to miss the point that I wasn't offering a defence but asking for more information.

I seem to be in exactly the same place, I have againt spoken with St Helens court and again they advise that the claim number has never existed.

Any advice on how to respond



Thank you for your recent letters dated 14th and 28th September 2018 in which you indicate you are acting for your client - MEIII Limited - with regards a County Court Judgment which has been assigned to them by 'DLC'.

This has caused some concern and confusion, and therefore in order to consider your claims I will require more information than you have provided.

On the enclosed notice of change of solicitor you quote a Claim Number. I have been in contact with the Northampton CCBC and the court at St Helen's (where your notice was sent) and neither hold any details of such a CCJ. I have also checked TrustOnline and my credit files and neither of those carry any information relating to your claim.

I'm sure you will be aware that any alleged debt with MBNA which you claim 'DLC' obtained a judgment on, would be well over 6 years old and as such, statute barred pursuant to section 5 of the Limitation Act 1980. If there were any court judgment, your client would require permission from the Judge to enforce as the Limitation Act 1980 states that enforcement action cannot be commenced in respect of a Judgment Order after 6 years from the date upon which the Judgment became enforceable.

To better enable me to respond fully could you please supply the following:-

Date of original agreement and initial credit limit.

Date the agreement went into default, and amount outstanding at time of default.

Details of any payment plan agreed and dates and amounts of any payments made.

Details of any Court Orders issued, including a certified copy of such. Details of any payment plans set out if an order was made, and details of any payments made under the order (dates and amounts)

Details of any notice of assignment, i.e. dates of assignment and company assigned to.

Once I have received the above information I will take advice and respond accordingly.

Above is my letter, their response attached

Thanks

[Amethyst]