Is this legal ?

[Mickkk]

Back last year had a few letters from mortimer clarke about owing cabot £800
Wrote back and asked for documentation to this money owed , never had a reply. I have now had a letter from the cc asking for my work details as they are seeking attachment of earnings.. I have spoke to mc and they said all they know is that a payment was made in sept 2010, i then spoke to the cc an was told a judgement was made and i have to pay £1,111. They told me it was for a
Cc debt from 1995 !!! 20 plus yrs ago i never made a payment in 2010 dont know if i even had this cc. Can i refuse this judgment and attend a court and ask mortimer to prove i made a payment ? I thought after 6 yrs its statue barred ?

[nemesis45]

Re: Is this legal ?

Hi welcome to LB.
You cannot " refuse " a judgement it is made and is enforceable.
Cabot will have obtained a judgement by default as you failed to
acknowledge the claim and failed to file a defence.

Your way forward is to apply for the judgement to be set aside ( Court Fee Payable) to do this you will have to have a viable defence
to the original claim.
When was the judgement made?

There is a defence here in that IF the debt was statute barred prior to the date of issue on the court claim then it can be set aside, BUT, MC claim a payment was made in 2010, not following through on the letters from Cabot/MC and not making a formal request for documents is why they now have a judgement.

SB in England and Wales = 6 clear years with no payments or unequivocal written admission of liability.

Any payment in the relevant period restarts the clock.

It's now down to you to gather information to support an application to set the debt aside.
1. Did you receive a claim pack from the Court? Northampton County Court Business Centre would have issued the pack.
2. Have you moved house in that period.

nem

[Mickkk]

Re: Is this legal ?

Many thanks for your reply
i phoned my local cc and was told judgement was made in november.
I sid receive some paperwork from northampton but just ignored it as i thought ir was some money scam ect. Could my defence be that mc did not reply to my letter? Would mc have to proove i made a payment as i definetley did not.. I am refusing to fill out the aoe form.

[wales01man]

Re: Is this legal ?

Unless you get it set aside they don't have to prove anything

[nemesis45]

Re: Is this legal ?

No I don't think the absence of a reply to an " informal" request for document will help.
Failure to respond/comply with a Request for a copy of the credit agreement made under section 78
of the Consumer Credit Act 1973 accompanied by the £1 statutory fee would have had some benefit.

Court documents are not easily confused with any kind of scam the Claim form (N1) has the court seal on it and the pack contains information on how to deal with the claim.

If the court has issued an order for disclosure of your details of employment and you refuse/fail to comply you may find yourself arrested for contempt of court and brought before a judge.
So please be very careful.

nem

[Mickkk]

Re: Is this legal ?

I will just pay up tomorrow then, do mc offer a setlement figure ?
Dont really want to pay the full amount of £1,111

[FlamingParrot]

Re: Is this legal ?

Many thanks for your reply
i phoned my local cc and was told judgement was made in november.
I sid receive some paperwork from northampton but just ignored it as i thought ir was some money scam ect. Could my defence be that mc did not reply to my letter? Would mc have to proove i made a payment as i definetley did not.. I am refusing to fill out the aoe form.

You have to fill in the form but you can request a suspended AoE order by ticking the box under item 10 on the form and giving your reasons for requesting a suspended order, the most common reason being that an AoE would affect your employment. Creditors don't want you to lose your job (and thus your ability to repay) so they usually honour the request. You do this under item 10 of your N56 form.

I will just pay up tomorrow then, do mc offer a setlement figure ?
Dont really want to pay the full amount of £1,111

You can fill in your financial info on the N56 and make a monthly repayment offer under Item 10 of the form as well as requesting a suspended order as above. :thumb:

[nemesis45]

Re: Is this legal ?

With a CCJ in place an offer may well not be accepted.
nem

[Mickkk]

Re: Is this legal ?

Full amount was £1,11.77
paid in full £725
result

[nemesis45]

Re: Is this legal ?

Hi, Well done,
Did you make the offer conditional on the balance remaining not being sold on?
What about the CRA file entries are these to be marked " satisfied or settled"? Or "Partially Satisfied"?

nem