Cabot / Mortimer Clarke - Threatening Letter ( i think )

**MIKE770** · 1st May 2018, 09:09:AM

ever sent a CCA1974 request for the agreement which may not be enforceable? no worry she has been paying them but is the alledged agreement enforceable?
CCA Request

**Quasar911** · 1st May 2018, 09:31:AM

Hello, Thank you for your reply,
I have no idea, not ever done a CCA Request for this no, never actually done one yet... is this the one for £1 or £10 ?
Do i write to Mortimer Shark or Cabot

Edit : Just read the link ( cheers ) ill get a letter printer and i already have a chq signed by the missus for £1

Also, She says the name on account should be in her maiden name and they are writing to her in her previous marriage surname, does this matter ?

Regards
kevin

**Diana M** · 1st May 2018, 09:39:AM

Originally posted by Quasar911 View Post

she had ( i believe a joint egg loan with ex husband )

. . . . surley shes only liable for half.

I want to try and get his written off, as its gone on too long, theyll never get their money, and their letters are very threatening and they are lying about CCJ.

If it was a joint loan then your wife would be both jointly and severally liable for the debt meaning she can be pursued for the whole amount (as can her ex-husband).

If a CCJ has been obtained in the last six years then it would have been registered so she can search Trust Online to see if it’s there. I would first ask Mortimer Clarke Solicitors for evidence of any CCJ. which they say exists.

If there is already a CCJ then a s77-79 CCA Request won’t be applicable post Judgment since they are not obliged to comply with it.

Check for the CCJ before you do anything else. If it exists then the debt owner might seek enforcement action if the payments cease.

Di

**Quasar911** · 1st May 2018, 09:45:AM

Hello,

We have checked her credit file in 2017 for the hell of it, when i did mine too - and there is no mention or nothing on there referring to a CCJ,
She has never had court letter, never seen a Court Notice, never attended court, there is no and has never been a CCJ towards her. This is where lthey are lying.

her credit file, is 100% clean and a good score,

**Diana M** · 1st May 2018, 10:07:AM

CCJs only remain on your credit file for six years from the Judgment date. Could this have happened in 2011 or before (you say her credit file was checked in 2017).

Ask Mortimer Clarke for details/clarification but perhaps stop short of calling them liars in correspondence unless you want to exacerbate the situation especially since you say your intention is to get the debt written off which would require negotiation.

Di

**Quasar911** · 1st May 2018, 10:09:AM

Hi, thank for reply,

so still send a CCA letter with £1 and in same letter as for proof of CCJ ?

update : i just text missus for more info,

She states :

This is over 10 years old
she was paying £50, then 20, then 10 and upon agreement with Citizens Advice, it was agreed to £1 due to hardship etc, and thats how its been for last 5 years or so.

Thanks
Q

**Diana M** · 1st May 2018, 10:21:AM

Originally posted by Quasar911 View Post

so still send a CCA letter with £1 and in same letter as for proof of CCJ ?
Q

A CCA Request would be sent to the debt owner (Cabot?) but it would be meaningless if there is already a CCJ which is why I suggested you should establish that first with Mortimer Clarke Solicitors.

You say your wife has never received a court claim so is there a possibility that it may have been served on an address where she wasn’t living at the time?

If that were to be to be the case then your wife may be looking to have the CCJ set aside. That’s why you need to establish if it exists first and foremost.

You raised the issue of the debt being in her married name when it should be in her maiden name (or previous married name?). Are all her previous names linked to her CRA file as this could be another reason the account wasn’t visible when you checked (if the names aren’t linked).

Di

**Quasar911** · 1st May 2018, 10:28:AM

Yup, all her names are linked, I shall write to mortimer now, asking for proof and clarification of the CCJ, when, what address written t, what name etc, and how much etc etc,

ill get this end recorded delivery to mortimer

**Diana M** · 1st May 2018, 10:38:AM

Originally posted by Quasar911 View Post

update : i just text missus for more info,

She states :

This is over 10 years old
she was paying £50, then 20, then 10 and upon agreement with Citizens Advice, it was agreed to £1 due to hardship etc, and thats how its been for last 5 years or so.
Q

You've updated your post since I posted.

If the debt is from 10 years ago then the account would have been removed from her CRA file six years from the date the Default was registered regardless of whether your wife was paying or not.

If there was a CCJ within the last six years then that would be showing on her CRA file. If it was before 2011 then it won’t.

When she says the debt is over 10 years old does she mean she opened the account in 2008 or that the account defaulted in 2008?

Di

**Quasar911** · 1st May 2018, 10:44:AM

i have written : is this ok ?

hername
heraddress
her postcode

Dear Mortimer Clarke Solicitors

Re your letter : 26^th April 2018 : Ref xxxxxx

Thank you for you letter.

Your letter states that I have an outstanding balance under a County Court Judgement, of which I do not recognise,

Please can you clarify and provide evidence of this County Court Judgment.
Date this was issued ?
Address Issues to ?
Name issues to ?
Amount issued for ?

It is important for you to provide all original evidence of mentioned County Court Judgement.

Please respond within 14 days by postal mail. I will not be accepting telephone calls or emails from your selves,

Kind Regards
hername

**Quasar911** · 1st May 2018, 10:45:AM

Di Wrote
When she says the debt is over 10 years old does she mean she opened the account in 2008 or that the account defaulted in 2008?

I am not sure, i will have to ask her later on.
Il send the letter to them anyway ,yes ?

**Diana M** · 1st May 2018, 11:23:AM

Your wife needs to know the claim number, date issued, and the date of the Default Judgment (i.e. CCJ). That's enough for her to obtain a copy from NCCBC assuming this was a Default Judgment.

She shouldn't ask/tell/hint at things that they might not know which could help them pursue this debt.

If she mentions the potential for a different name on the claim/judgment then she'll have alerted them to something which could be a problem to them (if they seek to enforce) so they then may take steps to remedy any flaw.

If this was a joint loan then the claim should have been against both her and her then husband named as 1st Defendant and 2nd Defendant. From what you say they are only chasing her so perhaps they are unaware. Don't make them aware.

Is there a possibility that the claim was served on her ex-husband's address and he either unsuccessfully defended it or didn't inform her so there was a Default Judgment?

You say this is your wife's debt so my suggestions may not be relevant if the information you have posted on the forum in inadvertently incorrect.

She needs to be involved in the contents of any letter you send to the solicitors which is 'signed' by her.

Di

**Quasar911** · 1st May 2018, 11:30:AM

Brilliant, Thank You

I am hoping this will ease her worries, before the next step.

**Quasar911** · 1st May 2018, 11:35:AM

What i do know, is, her ex husband at he time took the loan out, and "cleverly" put her name first in the application. They lived together, he walked out and lumped her with all the debts, there is NO mention if 1st defendant or 2nd Defendant, just my wife's name,

Cabot / Mortimer Clarke - Threatening Letter ( i think )