CCJ, Cabot, Barclays and Mortimer Clarke

[Ed209]

Please help,

In 2010 I defaulted on a Barclaycard, everyone has the same story; loss of jobs, spiralling debts etc.

Anyway it happened and I ended up owing almost £4K.

I lost my house and was essentially penniless for years. I remember notifying Barclays I was moving as they closed all of my accounts and attempted to recover money. I initially tried to repay the debt however I couldn't sustain it.

And that was how it remained.

Its now 2016 and I receive a letter from Mortimer Clarke with an attachment of earnings form and the strong advice to begin repayments or they will ask their client (Cabot) how they want to proceed.

Ive today checked my credit report to see what it looks like and how to proceed. The default no longer shows which is pleasing, however there appears to be a CCJ dated early 2015 to my previous address from Northampton (?) County Court relating to this.

What do I do?

I've attempted to upload the letter, hopefully it makes sense.

Any help is appreciated.

[Kati]

Re: CCJ, Cabot, Barclays and Mortimer Clarke

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: CCJ, Cabot, Barclays and Mortimer Clarke

Hi welcome to LB,

Just for info Mortimer Clarke a in house " solicitors " at Cabot not an outside firm, so the" client " concept is more " smoke and mirrors" to make them seem more important.

The Northampton County Court Business Centre is an administrative court which deals with money claims issued electronically.

Can you tell if on the date the judgement in default was given you had notified creditors od an address change and/or if the correct address for you was on your credit files?
It's not unheard of for claims to be sent to the wrong address to gain an advantage.

Now are you employed self employed or claiming state benefit which are your only income.

If you are self employed or on benefits an attachment of earnings order is of no merit.

The judgement supersedes the default and the original credit agreement and stays on your credit files for 6 years from the date of judgement.

Your options:

1. Enter into an affordable, reasonable and sustainable offer of payment.

2. As it seems Cabot/ MC may have had your correct address at the time the claim was issued as you had informed BC about the change, you could apply to the court for the judgment to be set aside (fee payable) but you also need to have a defence to the original claim.

nem

- - - Updated - - -

Hi welcome to LB,

Just for info Mortimer Clarke a in house " solicitors " at Cabot not an outside firm, so the" client " concept is more " smoke and mirrors" to make them seem more important.

The Northampton County Court Business Centre is an administrative court which deals with money claims issued electronically.

Can you tell if on the date the judgement in default was given you had notified creditors od an address change and/or if the correct address for you was on your credit files?
It's not unheard of for claims to be sent to the wrong address to gain an advantage.

Now are you employed self employed or claiming state benefit which are your only income.

If you are self employed or on benefits an attachment of earnings order is of no merit.

The judgement supersedes the default and the original credit agreement and stays on your credit files for 6 years from the date of judgement.

Your options:

1. Enter into an affordable, reasonable and sustainable offer of payment.

2. As it seems Cabot/ MC may have had your correct address at the time the claim was issued as you had informed BC about the change, you could apply to the court for the judgment to be set aside (fee payable) but you also need to have a defence to the original claim.

nem

[Ed209]

Re: CCJ, Cabot, Barclays and Mortimer Clarke

Thank you for the swift reply.

I've no 'evidence' as such to show I informed Barclays, however I've been registered on the electoral role correctly throughout the entire ordeal? Surely this proves I wasn't trying to hide in anyway?

I can't understand how things could progress this far. Should they not have been sending these things recorded delivery? And at some point they must have had correspondence 'returned to sender'?

I feel it's been done purposefully as they've known I can't defend something I know nothing about.

Of course I owe the money, I can accept that. However a CCJ has only served to set me back another 6 years.

If I apply for the 'set aside' do I pay to apply regardless of the outcome? If I could get it set aside then I'd make sure I'd get the thing paid off in 30 days so it's off my file and out of my life for good. Otherwise, I fail to see the point in paying anything? (Sour grapes on my behalf)

[nemesis45]

Re: CCJ, Cabot, Barclays and Mortimer Clarke

Thank you for the swift reply.

I've no 'evidence' as such to show I informed Barclays, however I've been registered on the electoral role correctly throughout the entire ordeal? Surely this proves I wasn't trying to hide in anyway?

I can't understand how things could progress this far. Should they not have been sending these things recorded delivery? And at some point they must have had correspondence 'returned to sender'?

I feel it's been done purposefully as they've known I can't defend something I know nothing about.

Of course I owe the money, I can accept that. However a CCJ has only served to set me back another 6 years.

If I apply for the 'set aside' do I pay to apply regardless of the outcome? If I could get it set aside then I'd make sure I'd get the thing paid off in 30 days so it's off my file and out of my life for good. Otherwise, I fail to see the point in paying anything? (Sour grapes on my behalf)

It seems clear from what you say there is good reason to believe that you were traceable by the easiest of means thus issuing a claim to an old address is not accidental or to use a favourite term of the uk debt collection industry a " clerical error"!

Set aside is available by you making an application (fee payable) or getting the claimant to consent to setting aside the judgment.
You will also have to show that " you have a defence to the original claim that has a reasonable chance of success.

nem