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Mortimer Clarke / Cabot

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  • Mortimer Clarke / Cabot

    Good Morning,

    I am hoping somone would give me some advice, I have been recieving letters from Mortimer Clarke Solicitors, i have attached the most recent one.
    This debt is from a Loan i had from Sainsburys in 2011. I had been making payments on it for some time and paid 70% of it off.
    For some reason the payments stopped, possible due to closing my old Barclays Bank Acc and moving address aruond the same time, the loan was fogotten about completely.

    Cabot are now after the remaining £300 of the debt + all their fees and charges.

    I have responded saying i will pay £70 per month which is what i used to pay Sainsburys but they now want me to fill out their expenditure form which im not really happy to do.
    What are my options here? They mention Court Judgements but i havent reieved anything from the Court.

    Any help would really be appreciated. Ive only just been made aware of this in recent months, i checked my Clear Score and its been hit hard by this! infact its gone down about 90 points.

    Many thanks
    Tags: None

  • #2
    Indeed, they seem to have already obtained a judgment against you. Possibly issued to your previous address.

    First you you need to know when the judgment was issued - and the address the claim was sent to - so if you give Northampton county court business centre a call they should be able to tell you and email you the claim details. Then you can consider looking at setting it aside but you need the details firstly.

    Youll need to act quite quickly, it seems they have applied for a warrant of control ( which is a move towards using bailiffs ) - they have deducted the application cost from the balance so if it does go further down that route you should keep an eye on that being double charged.

    Northampton CCBC Telephone 0300 123 1056
    Telephone 01604 619 400


    Set aside info for reference -> Set Aside Application
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Thank you very much for your help. I phoned Northampton, it says i need a case or claim number as they dont have a search facility? I have neither.


      How on earth can they move towards using bailiffs?
      They only brought the issue to my attention around 6 weeks ago and i have responded to all their letters. I havent refused to pay, i just dont have a disposable £483 in my account.
      Last edited by Fantacap; 1st October 2018, 10:07:AM.

      Comment


      • #4
        Bump

        Comment


        • #5
          Originally posted by Amethyst View Post
          Indeed, they seem to have already obtained a judgment against you. Possibly issued to your previous address.

          First you you need to know when the judgment was issued - and the address the claim was sent to - so if you give Northampton county court business centre a call they should be able to tell you and email you the claim details. Then you can consider looking at setting it aside but you need the details firstly.

          Youll need to act quite quickly, it seems they have applied for a warrant of control ( which is a move towards using bailiffs ) - they have deducted the application cost from the balance so if it does go further down that route you should keep an eye on that being double charged.

          Northampton CCBC Telephone 0300 123 1056
          Telephone 01604 619 400


          Set aside info for reference -> Set Aside Application
          I have found the CCJ on my Credit Report, the date on it is June 2017 which is 6 months after i left that address. I also changed my details on the electoral register 6 months prior to this CCJ bein issued.

          To get the Judgement set aside will cost £255 is this correct? Which is over half the amount of it. Am i better off to just fill out the expenditure form and offer to pay as much as i can?

          Thank you

          Comment


          • #6
            Hi there

            Mortimer Clarke should be able to give you the Claim number and may even be able to give you some further details of the Claim etc.

            If you can get the Claim number off MC solicitors then at least you will be able to find out a little more about the Claim like what address was used to serve the Claim on and this should help you work out whether you have an argument to try and set aside judgment etc
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Originally posted by pt2537 View Post
              Hi there

              Mortimer Clarke should be able to give you the Claim number and may even be able to give you some further details of the Claim etc.

              If you can get the Claim number off MC solicitors then at least you will be able to find out a little more about the Claim like what address was used to serve the Claim on and this should help you work out whether you have an argument to try and set aside judgment etc
              Thank you, i will send MC a letter asking for infomation.

              Comment


              • #8
                Originally posted by Fantacap View Post

                Thank you, i will send MC a letter asking for infomation.
                You could just give them a call, i cannot see any reason why they couldnt give you this info over the telephone.
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment

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