Cabot/Mortimer letter threatening court action/Ccna arrived

[Tiger20]

Timelines are : received Mortimer Clarke threat for court action on Jan 6th - old address

sent sar request around 27/1/22 as I was away - received their response to old address dated 31/01/22

then received official country court papers (Northampton I believe) dated 3rd feb 22 - old address

[Tiger20]

Hi both, just to update you

today I received a sar response from aqua directly (04/03/22) (nothing to do with Mortimer/Cabot)

[MIKE770]

Hi both, just to update you

today I received a sar response from aqua directly (04/03/22) (nothing to do with Mortimer/Cabot)

????????????? nothing to do with them???????? Mortimer

[Tiger20]

Appreciate it’s no longer anything to do with them… was just noting that they managed to actually send it to the correct address

[Tiger20]

Celestine Hi sorry for the tag again. Are you able to advise on whether I should apply to get this set aside? In my sar request my letter had my new address on the header of the letter itself, but they still sent their reply to my old address.

I hadn’t received a reply from my sar sent to Mortimer either

i have proof of postage to aqua, Mortimer Clarke and Cabot as all sent recorded at the same time

[Celestine]

Yes apply for set aside immediately. You could contact MC and see if they'll do it 'by consent' in which case it is straightforward.

https://legalbeagles.info/library/ho...-judgment-ccj/

Use this guide to work through the process.

[Tiger20]

Celestine Hi! I done as you said and requested this was set aside and followwd the correct process

the first thing I did before I started to prep all evidence for the courts was contacted MC and Cabot giving them a short period to agree to set this aside.

I finally received a response yesterday stating that they will not consider this, because the judgement was sent to an address they class as my last known address. It states in the letter that ‘ It was your duty to update all creditors as to any change to of address. We suggest you seek your own independent advice.’

im a little concerned by this as yes, I didn’t update them with my new address when I left last year but could this hinder my case with the court or is this scaremongering me into paying them directly, as at the bottom of the letter It gives me their payment info to start making payments towards it.

anyway, any input here is appreciated. I am still waiting for a response on my court claim and should be receiving this any day now.

Thanks

[Celestine]

Unless I have misunderstood badly, then you sent a SAR to Cabot/Mortimer Clarke which contained your new address?
They then continued sending correspondence to your old address?

Please clarify.

[Tiger20]

Yes - I sent a sar to Cabot/Mortimer/aqua early Jan headed with my new address , in the body of the letter I listed previous addresses that they might have have held for me to check for SAR data

they responded to the sar asking for proof of ID to old address, aswell as sent claim forms to old address, then the CCJ was lodged against old address

the response I had yesterday was by email since I requested their consent to set aside I gave my email

thanks

[Celestine]

And the Court Claim definitely came after this SAR?

If so, you fulfilled your duty correctly and they are the ones in the wrong. Apply for set aside without their consent. Post up the draft of your witness statement for me to review please before you send. Move fast please.

[Tiger20]

Celestine Hi there, sent you a pm last week just checking to see if you had received it?

thanks

[Celestine]

Hi Tiger - yes I have seen it, thank you.
My previous advice to apply for set aside still applies. Despite there being some ‘toing and froing’ with the SAR, their decision to push on with court action just as communication was being established looks reckless and over hasty on their part. Have you started the set aside application?
Im away with my kids for Easter but can check in occasionally to review your documents.

[Tiger20]

Hi Celestine,

Yes had already applied for it to be set aside nearly 2 weeks ago and now just waiting to hear from the local court
where the hearing will take place, have already received confirmation that my case has been passed to local court though. All evidence submitted etc, will wait to hear back and then let you know what the next steps are.

enjoy your long weekend with the family!

thanks again

[Tiger20]

Celestine Hi there,

Been a long wait but received some comms from Cabot yesterday stating that the have cancelled the judgement and sent this info to the court. Also stating that they will not be in attendance and will leave the final decision to the court.

what happens now? I still haven’t had a court date from the local court, only 2 letters so far, one acknowledging the claim and another telling me which court it’s been assigned to in my local area.

must thank you for all the help to now hopefully this means I can get it set aside!

any advice welcome

Regards

[Tiger20]

Celestine Hi!

sorry to follow up - I’ve now received a court date and would like some advice on the next steps.

I’ve already had confirmation that the other party will not be attending, I will still be attending of course but want to understand what this process will look like.

I have also been reading that I may be able to claim these costs back from the claimant should they not show up, do i you know much about that?

I wanted to also get some advice on dealing with them after the CCJ has been removed.

thanks