Fake? - MC/MFS Attachment Earnings - 16k - old judgment

[andrew wilson]

Around 2007 I had a car repossessed because I couldn't make the payment due to work and marriage problems after the car was sold in auction I received a letter telling what I owed but of course I still couldn't pay the money, 11 years down the line I received a letter from Mortimer Clarke on behave of mfs portfolio saying I was going to be taken to court no details of what for I was going on holiday and just thought they were trying it on because any debt I had in my long past would be status barred, Friday I received a county court money claims center letter so I phoned Mortimer Clarke and asked what it was about and it turned to be the car hp I played a little dumb to this them said surly this would be status barred and they then said no because be there was an order against me in 2008 first I had heard about this but from what I have heard about these people its probably false, I'm really not sure what to do now its for a big amount and my situation is better but I'm i wouldn't say I have much spare cash at the end of the month. Do these people buy debts and would I stand a chance if I appealed

[joedempsey]

Re: Mortimer Clarke

Hi there is nothing to appeal you need to follow the court procedure and acknowledge the claim on MCOL that would then give you enough time to read the first steps above.

[joedempsey]

Re: Mortimer Clarke

Just to the question you asked yes they buy debts in bulk for pennies in the pound
and then issue claims in the hope people do not defend.

[andrew wilson]

Re: Mortimer Clarke

Thank you, I thought as much this has never happened to me so wasn't sure of all the options I have I don't wasn't just agree to paying them until I know what I'm dealing with, when I spoke to them they seemed to want to push me to fill in the form asap

[joedempsey]

Re: Mortimer Clarke

First rule don't speak to them on the phone paper trail only.
second they have now issued a claim you need to concentrate and follow the court procedure.
as I said follow the guide in the green boxes as above don't listen to what they say or don't say we will put your account on hold stuff.
you will need to acknowledge the claim with the log in details on the claim for and then intend to defend in full
then exit MCOL and come back on here when you have done the above.This will give you an extra 28 days to do your defence
REMEMBER all they want is a default judgement and if it is statute barred you should have no problem.
there are lots of experienced beagles on here who will give you great advice when submitting your defence
i would take your time and read the guides above send read some concluded cases to give you a idea how it works.

[charitynjw]

Re: Mortimer Clarke

and they then said no because be there was an order against me in 2008

If they mean that there was a CCJ in 2008, then the matter is res judicata

[andrew wilson]

Re: Mortimer Clarke

If they mean that there was a CCJ in 2008, then the matter is res judicata

I have just read the link so is it likely nothing was done in court in 2008 and is just one of there tactics in a hope I didn't do some research

[andrew wilson]

Re: Mortimer Clarke

Thank you for the help. I have just registered to MCOL but I have a problem I don't have a response pack as such so no defense password all I got were a letter with the court hearing details and an expenditure form to fill in and send off. I can't get my head around what I have to do I send the form off to the court and give them my log in details to prove I have registered and state I want the 28 days because I can't go any further on MCOL without some information I don't have at present

[Diana M]

Re: Mortimer Clarke

I don't have a response pack as such so no defense password all I got were a letter with the court hearing details and an expenditure form to fill in and send off.

Are you you sure what you've received is a court summons/claim and not something like a court Order for an oral hearing in relation to an Attachment of Earnings for a CCJ obtained in 2008?

Possibly not, but without seeing the document you received it's not possible to suggest how you should react to it.

I'm baffled as to why a hearing has been listed before you've even filed your Defence (if this were a routine claim).

Di

[Diana M]

Re: Mortimer Clarke

Around 2007 I had a car repossessed . . . .

. . its for a big amount

How much?

Have you moved address since 2007?

Di

[Guest]

Re: Mortimer Clarke

Around 2007 I had a car repossessed because I couldn't make the payment due to work and marriage problems after the car was sold in auction I received a letter telling what I owed but of course I still couldn't pay the money, 11 years down the line I received a letter from Mortimer Clarke on behave of mfs portfolio saying I was going to be taken to court no details of what for I was going on holiday and just thought they were trying it on because any debt I had in my long past would be status barred, Friday I received a county court money claims center letter so I phoned Mortimer Clarke and asked what it was about and it turned to be the car hp I played a little dumb to this them said surly this would be status barred and they then said no because be there was an order against me in 2008 first I had heard about this but from what I have heard about these people its probably false, I'm really not sure what to do now its for a big amount and my situation is better but I'm i wouldn't say I have much spare cash at the end of the month. Do these people buy debts and would I stand a chance if I appealed

What sort of letter was that? Could you post it up?

CCJs don't go statute barred but if the judgment creditor didn't make any attempt at enforcement during the first six years, they cannot enforce it now. A CCJ from 2008 will not be on record either.

[andrew wilson]

Re: Mortimer Clarke

I will take a photo later of it if photos can be posted

- - - Updated - - -

I did but they knew my address

- - - Updated - - -

Also there is no court stamp isn't it supposed have one

[andrew wilson]

Re: Mortimer Clarke

I have blanked my name address and amount out because its on my photo bucket so don't want every one knowing my business

[andrew wilson]

Fake?

Is this a fake order I always thought it has to have a court stamp and I have not received a defence pack

[Amethyst]

Re: Fake?

Looks legit to me, but best way to tell definitively is to give the court a call and give them the claim ref number ( starting 8XN ) and ask them

If you haven't had anything previously ( ie the court claim etc) then you could apply to set aside the judgment, and put this enforcement action on hold.