Mortimer Clarke court claim advice

[AllyCdg]

I need some advice please.

County claim form was issued against me for an old oakbrook loan passed onto Cabot then Mortimer Clarke.The county court claim was issued on the 30/05 and as this was my first time getting one of these I panicked, contacting Mortimer Clarke on the phone and agreeing to a payment plan I couldn't afford to clear the amount of £885 over 3 months to stop them from obtaining a judgement and a ccj on my credit file.

I made a payment of £220 to them on 28/06, reducing the amount owed after the court fee to £665 and then entered into breathing space with stepchange on the 10/08 to give myself a little bit more time to sort my finances and have not made another payment since.

Now that the breathing space has come to an end I managed to put aside £350 and offered as a full and final settlement to Mortimer Clarke in the hope that they would agree to settle it without going to court and obtaining the ccj. They have declined this amount and now that almost 5 months have passed since the claim form was issued I'm not sure what to do next to avoid them getting a judgement. Mortimer clarke say I should now respond to the court via the documentation they sent in May or they will request judgement for the full amount in 14 days.

I would also like to mention that I haven't acknowledged nor responded to the claim pack/form that was sent and have only spoken directly to Mortimer Clarke thus far.

[echat11]

Can this be done without them getting the judgement or are they likely to do that anyway? I really want to avoid getting a CCJ as I hope to apply for a mortgage in the next year or two. I can't afford to pay it now in one go either.

Yes, but you need to check that they haven't already got a CCJ.

If you come to a payment arrangement, they should 'discontinue' the claim.

Come to an arrangement now, it won't stop you settling the debt with a F & F settlement later.

[AllyCdg]

Can this be done without them getting the judgement or are they likely to do that anyway? I really want to avoid getting a CCJ as I hope to apply for a mortgage in the next year or two. I can't afford to pay it now in one go either.

[echat11]

Appreciate the help. I realise I've disadvantaged myself by dealing with them and agreeing to a plan in the first place but as I said I panicked at the thought of a CCJ and now I could end up with one anyway by the sounds of it.

To be clear, is my best bet to send the solicitor and the court a copy of my income and expenditure to show them what I can afford to pay?

Yes, if after you've filled in an income and expenditure form you are left with a small amount to pay each month, so be it. It's a non - priority debt. Remember to give yourself some 'head room', just incase things 'shoot up'. Explain your circumstances in the letter, also there is a 'Cost of Living' crisis etc.

[AllyCdg]

Appreciate the help. I realise I've disadvantaged myself by dealing with them and agreeing to a plan in the first place but as I said I panicked at the thought of a CCJ and now I could end up with one anyway by the sounds of it.

To be clear, is my best bet to send the solicitor and the court a copy of my income and expenditure to show them what I can afford to pay?

[echat11]

Hello,

Thank you for replying.

Do you think it's worth sending the response form back to the court to acknowledge service of the claim first? Also is there any point in asking Mortimer Clarke for a CCA in the hope that they can't produce it and therefore not be able to pursue it or get a judgement from the court?

Lastly, if I do what you suggest and send both an income and expenditure form is there anything stopping them from ignoring or delaying their response to get the CCJ against me?

Thanks again for the advice.

You've disadvantaged yourself by not carrying out Acknowledge of Service within 14 days of the issue date (30/05/24). That would have given you an extra 14 days (plus 5 days postage) to lodge your Defence and put your case forward.

Also there's no point in sending a CCA as you haven't defended the claim, you've admitted the debt and made a payment.

Check with the Court if they've obtained a CCJ.

[AllyCdg]

Hello,

Thank you for replying.

Do you think it's worth sending the response form back to the court to acknowledge service of the claim first? Also is there any point in asking Mortimer Clarke for a CCA in the hope that they can't produce it and therefore not be able to pursue it or get a judgement from the court?

Lastly, if I do what you suggest and send both an income and expenditure form is there anything stopping them from ignoring or delaying their response to get the CCJ against me?

Thanks again for the advice.

[echat11]

Hi AllyCDG

Welcome to LB

Did you receive an Income and Expenditure form with the Court documentation you received in May?

A Court will only ask you to pay what you can afford after all the essential spending i.e. food, energy etc.

It's a no - priority debt, so if you can only afford £1 a month, so be it.

So fill in a I & E form, send a copy to the Court and Mortimer clarke.

Remember to take into account the 'Cost of Living', give yourself 'Headroom' incase costs shoot up.

Also include your personal circumstances health, job, looking after children, etc.

https://nedcab.cabmoney.org.uk/

https://www.citizensadvice.org.uk/de...itor---letter/

They rejected the £350 F & F settlement so that is an end to that offer.