CCCS/Mortimer Clarke debt amount dispute

[sudi]

Hi, I’ve just joined for some advice on an outstanding debt.

I took out a loan to buy a car with Northern Rock years ago and I got into difficulty repaying it due to being made redundant. I used CCCS to repay it and over the years it’s been passed over to different debt recovery companies. It’s currently with Mortimer Clarke and my CCCS balance outstanding is £278 ( which is 2 more payments) to pay off. I recently checked how much Mortimer Clarke say is outstanding and I was devastated as it’s £970. I dispute this amount so how do I go about checking it as I’ve lost all the details of how many companies held the debt after Northen Rock.
Thank you

[Diana M]

If CCCS (now StepChange) have been paying this on your behalf then ask them to provide you with the payment history/statement.

Mortimer Clarke are solicitors so it seems the debt has been assigned to a debt purchaser at some point (possibly Cabot?).

The others involved along the line may have been Debt Collection Agencies acting on behalf of the debt owner. Although it’s possible that it may have been assigned more than once.

I would also send the current owner (once you’ve established who that is) a s77-79 CCA Request with a copy to Mortimer Clarke (if they are writing to you direct). That way you’ll discover whether the debt is ‘enforceable’.

What year did you take out the Northern Rock loan and how much was it for?

Was there any PPI with the loan.

Di

[sudi]

Hi, the loan was for £10,000 which was taken out in 2006 and I got into difficulties in 2009 and thats when I went to Step Change with a debt of £7144. NRAM passed the debt onto Ascent Legal, they passed it onto Cabot and then Mortimer Clark. I have all the reference numbers for each company. There was no PPI.


Thank you

[Diana M]

In which case I would send a s 77-79 CCA Request to Cabot who appear to be the current owner of the debt. Mortimer Clarke are a firm of solicitors. Send them a copy of your CCA Request too.

This forum has a template letter which you can use and you must also enclose/include the £1 statutory fee (as a postal order). Here's a link to the CCA Request template letter > https://legalbeagles.info/library/gu...etter-example/

What is the exact name of the owner of this debt?

Is it Cabot Financial (UK) Ltd, or MFS or MEIII or another name associated with the Cabot Group? This matters.

You say you were in a DMP with CCCS/Step Change so do you recall receiving a Notice of Assignment when it was sold by Northern Rock?

Di

[sudi]

It was Cabot Financial and I only vaguely remember them informing me of the change. There was a charging order put on my house by Mortimer Clarke even though I was in a debt management plan and never missed a payment.

[Diana M]

There was a charging order put on my house by Mortimer Clarke even though I was in a debt management plan and never missed a payment.

A Charging Order in relation to this Northern Rock (now Cabot) debt? If so then there must have been a CCJ at some point.

Or were you advised to agree to a voluntary charge on your property to secure the debt while you continued to pay it through the StepChange DMP?

(My suggestion of a CCA Request may will not be relevant if there's a CCJ.)

Was this loan part of a Together Mortgage from Northern Rock at the outset?

Di

[sudi]

Yes there was a CCJ against this debt, sorry I should have mentioned this. Loan was not part of together mortgage just a car loan with Northern Rock.
With the charging order on my property does this get taken off once the debt is paid. Just want to know in case I want to sell, I have no mortgage on my property.

Thanks

[Diana M]

Yes there was a CCJ against this debt, sorry I should have mentioned this.

. . . With the charging order on my property does this get taken off once the debt is paid.

A CCJ and a Charging Order on your property does change things since you no longer can challenge the debt only the amount paid/outstanding.

Ask Mortimer Clarke for a copy of the CCJ (if you’ve not kept a copy) and ask them for a statement of all payments they have received.

If you’re still with StepChange then ask them for a statement of your payments to them and their payments to Cabot/Mortimer Clarke on your behalf.

That way you’ll be able to see how the £700 discrepancy has occurred.

Once the CCJ is satisfied it can no longer be secured by a Charging Order since it doesn’t exist I would expect Mortimer Clarke to ask you to pay them for removing the charge at Land Registry.

(How was the CCJ obtained? Was it a Default Judgment because you didn’t file an Acknowledgment of Service or Defence? Or did you file an Admission? Or was it the result of an unsuccessful contest at a Hearing?)

Di

[sudi]

I think I ignored it hoping it would go away as I was very depressed at the time and could t get my head around it. How much does it cost to remove the charge?