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Mortimer Clarke / Cabot trying for CCJ against satisfied debt

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  • Mortimer Clarke / Cabot trying for CCJ against satisfied debt

    Hi guys,

    3 / 4 years ago I had a car on finance (santander consumer UK) to which I hit bad times and as a result I could not afford the re payments and after 4 months I told them and they said I would have to "give up" the car to which I agreed and 2 agents / bailifs (not sure what to call them) came and collected the car

    They told me that Santander would probably not pursue me for any remaining balance after the car was sold, they said to wait to see if I heard anything to which I didn't. I don't even know how much the car sold for.

    Now fast forward to this year I have received a letter from Cabot Financial apparently claiming to have bought the debt and they have passed it onto Mortimer Clarke Solictors

    I have received a letter today from Mortimer Clarke Solicitors which basically says "As you are aware a County Court Judgement has been entered against you under Claim number XXXXXX and we ask you to pay the outstanding sum of £XXXX.XX direct within 14 days"

    For starters I have not received any official paperwork from any court and the claim number on the paperwork does not have the password needed to check it on the money claim service?

    Now the default date from Santander they are saying is 18/07/2014 and the debt is showing on my credit file as Satisfied on 29/03/2017

    How can they go after me for this? Taking into account the car was given back as agreed and I heard nothing back from santander in the 3 years after in regards to any payment, and also the amount that Mortimer Clarke Solictors is asking for is for the FULL amount of the credit agreement so obviously not taking into account payments I made or less the cost of the car that sold at auction?

    Any advise please, I have dealt with all my debts and am currently paying over £300 a month to other debtors to clear them in 1 year and that includes 1 CCJ I already agreed against me so in terms of this one I do not agree it is correct but even if it was I have no more disposable income to give!
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  • #2
    Re: Mortimer Clarke / Cabot trying for CCJ against satisfied debt

    I have checked my credit report and there is now a country court claim on my file for this for £6300, despite never receiving anything from the courts as to date or allowed to dispute it? How is this even possible I genuinely believe I do not owe this amount or the debt as Santander have satisfied it and the car was given back

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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