Cabot Mortimer Clarke need advice plz :)

[jd655]

Hi Guys

New to posting

please be gentle

Apparently mortimer Clarke solicitors on behalf of Cabot financial LTD
have been awarded a CCJ by default for a debt by Shop Direct Group for owing them from an old Credit Card.

I received a letter from Mortimer clark stating intention to apply for a CCJ, but no court documents arrived. ( July 2014 )

I received a letter from Mortimer Clark in August saying they obtained a CCJ on 4th August 2014

I spoke to them on the phone stating i know nothing of this debt and from the limited information i garnered ( shop direct group, credit card 27/11/2005 - bore the number M####### and was terminated on 19/10/2008- this was when Cabot apparently where assigned the debt ).

i sent Mortimer an email stating that the debt is statute barred and should not have even been to court for a CCJ. as per statute of limitations.( september 2014 )
I also sent an email to Mortimer Clark to pass onto their client Cabot financial a letter about the CCJ and being statute barred ( september ).
I received a letter from Cabot today via email - their internal complaints procedure and they are looking into the matter o.0.

I also sent for information regarding the original agreement, once mortimer receive this they will pass it on to me.
they wrote that " Please note an inability to provide a copy of your signed agreement does not adversely effect our clients position "
At Present i am trying to stave off an attachment of earnings order and still fight my case in the court.

They refuse to speak to me on the phone as i will not provide my date of birth.
The reason i do not submit my DOB is my father has the same name as me, lived in the property before me, and the debt may well be his and not mine, hence seeking further clarification off Mortimer/cabot
I have read alot on this and many forums and tbh, my head is spinning.

I could realy use some help to organise things and present a defence, i have 7 days to file my defence

Hope you guys can help

and thanks for taking the time to read



JD655

[jd655]

Re: Cabot moertimer clarke need advice plz

Present course of action :-

Filling in the attachement of earnings order and letting the judge know that the account is in dispute.

copied all correspondance to send off with the order, to hopefully have the judge stay the order.

still awaiting motimer clarke to produce the agreement or constituted agreement, also waiting on Cabots internal procedure, having made a complaint to them regard getting a CCJ on a statute barred debt.
not going to hold my breath on that one though.
once that is done going to get an n244, as i have not paid nor corresponded to this debt in over 6 years.
i am making sure that the court forces me to make payments to this debt, so it cant be used against me to say, well you made payments, you accept this debt.

if anyone has any ideas or think of a better way to get this sorted out, please let me know

[Amethyst]

Re: Cabot moertimer clarke need advice plz

Hi jd and welcome xxx I'm just having a read through your post, will post in a couple mins xx

[Amethyst]

Re: Cabot moertimer clarke need advice plz

You need to file an N244 before the attachment of earnings order - and before hanging about for Cabots internal complaints procedures - the filing of the N244 to set-aside the CCJ will put a halt on the AoE or other enforcement while you defend the case. You need to do it promptly - hence Cabot/Mortimer Clarke leading you up the garden path to try delay things.

ShopDirect is usually a catalogue account rather than a credit card. Very / Littlewoods / isme / K&Co / JDWilliams etc.

You need to pay £155 unless you are eligible for fee remission ( see form EX160 ) and submit the reasons for set aside ( you didn't get the court documents and have a valid defence) as well as a draft of your defence ( it isn't your debt ) Here's some info on applying for the set aside - http://www.legalbeagles.info/forums/...lication-notes - don't worry we'll help you all we can.

Have you spoken to the court at all to ask where the original court papers were sent to ? I think that would be a good idea.

Where you say ''they wrote that " Please note an inability to provide a copy of your signed agreement does not adversely effect our clients position "'' They are correct AT THE MOMENT as they have a judgment, but if you manage to get it set aside it will be VERY important that they provide it and will absolutely effect their clients position.

[jd655]

Re: Cabot moertimer clarke need advice plz

Hi Amethyst

very glad to be here

The letter they sent specificaly stated it was a credit card, i have only ever had 1 credit card and that was paid off years ago and that was a bank credit card.
I have never had any other credit card or debit store card in my life, hence being dumbstruck on receiving this debt.
I spoke to my dad, and he had a littlewoods debt, and he thinks it may be his. i did explain this too Mortimer clark on the phone.
Mortimer hit me with 2 CCJ'S this year, about 2 months apart, this debt and another, which is my debt.
to be honest i have been running aound like a headless chicken not knowing what to do.
i have not received court documents for either CCJ, i used trust to make sure they are CCJ'S, which they are.

I did try and speak to CAB but the poor chap couldnt help me and i couldnt get an appointment to see an advisor untill the end of November.
No i havent spoken to the bulk centre to see where the documents went. i didnt know i could.
first thing monday i will get onto that.
I will apply for an N244, but as you pointed out, i need £155, which i do not have currently.



My appologies if i seem to ramble, am just gratefull to finaly have the chance to get help with all of this

[jd655]

Re: Cabot moertimer clarke need advice plz

Thanks amethyst

got the documents you linked, could use a little help in making sure they are filled out correctly, never dealt with courts or court forms before.

Also made photo copies of all documents sent and recieved, not sure if these will be used as exhibits.

if its ok with you can i pm you what i have done so far, so you can double check all is ok ?


Thanks for your time

[Kafka]

Re: Cabot moertimer clarke need advice plz

She might be away for awhile. If you don't get a response post back here OK?

[jd655]

Re: Cabot moertimer clarke need advice plz

Hi Kafka

Thanks for letting me know, will do

[jd655]

Re: Cabot moertimer clarke need advice plz

bump for help with forms

[jd655]

Re: Cabot moertimer clarke need advice plz

bump

[Tools]

Re: Cabot Mortimer Clarke need advice plz

I'll let Ame know you have PM'd her, we've been away for a couple days and she is playing catchup

[Amethyst]

Re: Cabot moertimer clarke need advice plz

Hiya JD, Sorry we were away for a couple days, of course it is fine to pm or email me and I'll post back on here. If it's attachments it will need to be email - admin@legalbeagles.info. xx Sharon xx

[jd655]

Re: Cabot Mortimer Clarke need advice plz

Hi Amethyst, welcome back

Yes Kafka and tools did mention you might be away .

Have sent the documents off to the email link you provided.

You will notice that Mortimer Clark have said the debt is in relation to a credit card, but the recent letter from Cabot mentions it is a Store card.
Is this just classed as a clerical error or have they made a mistake that they should not have filled a judgement on, as a store card or credit card are two entirely different things.
was just curious on that part.

JD

[Amethyst]

Re: Cabot moertimer clarke need advice plz

All received now, have replied to you email to let you know. Theres a few amendments needed but you've done a good job so far xx Give me half hour or so ok.

[jd655]

Re: Cabot Mortimer Clarke need advice plz

thanks amethyst