Challenging a debt but failing miserably..,

[Stag81]

This year I received an attachment of earnings order for £6400 that I challenged and has been under investigation until now as I made a complaint stating I don't know anything about it.


The end of the investigation concluded that I was issued a CCJ in 2007 which I apparently accepted and offered to pay £200 per month, as no payment has been made Mortimer Clarke Solicitors submitted documents to Doncaster County Court to start off the AOE order. (I didn't know about this CCJ and it's been on and dropped off my credit file)


I was told the debt was for a credit card with the Yorkshire Bank so requested a copy of the CCA through Cabot Financial, they have provided this and it is my details on the form however certainly not my signature so I am working on the assumption this must be identity theft, the problem being this is so old I can't prove my whereabouts 10 years ago.


I wrote to Mortimer Clarke and Cabot financial advising the timescales in these letters don't correspond with my actual whereabouts as the default notice was sent to an address in 2007 however I moved out approx 2005- their response was its my responsibility to keep lenders up to date, the problem being I wasn't aware of any debt to need to.

Due to this being so long ago I have struggled to get any proof I wasn't living at the accommodation they sent the documents to.


The one thing I have asked them to clarify is how did they receive acceptance of the payments for the CCJ, was it via phone or in person because if this is identity theft this could have helped me out. The court advised me they will have received a completed form however this hasn't been kept so I have nothing to work with at all- it seems they're being selective with the documentation they choose to keep which doesn't seem fair.


I am tempted to fill out an N244 form requesting the court set aside the CCJ as everything seems to be so vague but I can't afford for an old CCJ to be reinstated or an attachment of earnings to be sent to my employer as anything like this would compromise my employment with them so I'm not sure what to do.


Should I have to pay the £6400 as they have concluded their investigation against me or is it likely the court would see sense? Could they realistically expect me to prove my whereabouts 10 years ago? And why is it okay for them to dispose of the alleged acceptance form they claim to have received.


Any advice would be appreciated...

[nemesis45]

Re: Challenging a debt but failing miserably..,

Good morning,
Please post a copy of the " agreement" you have received after removing your name & address and any other personal information.

nem

[Diana M]

Re: Challenging a debt but failing miserably..,

I wrote to Mortimer Clarke and Cabot financial advising the timescales in these letters don't correspond with my actual whereabouts as the default notice was sent to an address in 2007 however I moved out approx 2005

. . . The one thing I have asked them to clarify is how did they receive acceptance of the payments for the CCJ, was it via phone or in person because if this is identity theft this could have helped me out. The court advised me they will have received a completed form however this hasn't been kept so I have nothing to work with at all- it seems they're being selective with the documentation they choose to keep which doesn't seem fair.

I am tempted to fill out an N244 form requesting the court set aside the CCJ as everything seems to be so vague but I can't afford for an old CCJ to be reinstated or an attachment of earnings to be sent to my employer as anything like this would compromise my employment with them so I'm not sure what to do.

Should I have to pay the £6400 as they have concluded their investigation against me or is it likely the court would see sense? Could they realistically expect me to prove my whereabouts 10 years ago? And why is it okay for them to dispose of the alleged acceptance form they claim to have received. .

I too would be tempted to make an Application to set aside that CCJ but before I make that suggestion I would need to know the full facts, albeit from what you say these are a bit sketchy at the moment since no one is telling you anything.

Send a Subject Access Request to Mortimer Clarke Solicitors to see what information they hold on file. If they intend to enforce an Order (CCJ) then I would think that they need to have a copy of the Judgment to demonstrate to the court that it exists.

Were you living at the address where they say the claim was served in 2007?

When you say the AOE issue was "investigated" who carried out the investigation? Did you contest the Application for an AOE at court? Did the Judgment Creditor make an Application to the court for permission to enforce (AOE) due to the time lapse?

I've more questions but just need to establish the legal basics first.

Di

[Stag81]

Re: Challenging a debt but failing miserably..,

Hello,

I've no idea how to add photos on here sorry.

The investigation was completed by both Cabot and Mortimer Clarke, I havent received a copy of the CCJ itself but I have received a copy of the alleged acceptance to pay £200 per month after the CCJ. The new AOE has gone through the court.

I wasn't living in the property in 2007 as I moved to Leeds in 2005 but I don't have any way of proving that. Had I have been made aware there was a debt in my name before now I would have responded but they have said it's my responsibility to keep records of my address and as far as they're concerned they've made me aware.

If I apply to set it aside it would go to court and I could lose and end up with a new CCJ, as much as this seems unjust, if I risk this it could jeopardise my employment and future job prospects so I'm thinking I probably will have to make an arrangement to pay.

it just doesn't sit comfortably with me at all ��

[jaguarsuk]

Re: Challenging a debt but failing miserably..,

Hello,

I've no idea how to add photos on here sorry.

The investigation was completed by both Cabot and Mortimer Clarke, I havent received a copy of the CCJ itself but I have received a copy of the alleged acceptance to pay £200 per month after the CCJ. The new AOE has gone through the court.

I wasn't living in the property in 2007 as I moved to Leeds in 2005 but I don't have any way of proving that. Had I have been made aware there was a debt in my name before now I would have responded but they have said it's my responsibility to keep records of my address and as far as they're concerned they've made me aware.

If I apply to set it aside it would go to court and I could lose and end up with a new CCJ, as much as this seems unjust, if I risk this it could jeopardise my employment and future job prospects so I'm thinking I probably will have to make an arrangement to pay.

it just doesn't sit comfortably with me at all ��

Whom did you bank with at the time of moving? Ask them to provide a letter confirming the date you moved. Also, you could ask the Council of the Address to confirm that you were not liable for council tax at that property at the time. These would prove when you moved and that you couldn't have received any paperwork as you didn't live there.

Proving the signature on the documentation isn't yours, do you have your old passport or one that's just expiring? It has your signature on and would not only prove that it's yours, but also it's been your signature for more than 10 years. If you don't have a passport again ask you bank to provide a true copy of your signature. All banks scan and keep your signatures, this is why the application forms tell you to sign inside the box. Ideally if you have banked with them since before the date on the application form ask them to confirm when they opened the account.

Finally, report fraud to your local police. You haven't signed the form and someone else has, so getting a crime reference number strengthens your case that this debt doesn't belong to you.

After you get the documents you need together, you can apply for the judgement to be set aside on the grounds that you weren't able to defend it, but your defence would be that you are a victim of identity theft.