help needed- ccj set aside, all action dismissed, solicited restarted action.

[hufflepuff]

Good morning,

I am looking for some advice. We were on a DMP up until a couple of years ago after getting into financial difficulty after redundancy 8 years ago.
for the last few years we have had threatening letters from Mortimer Clarke Solicitors regarding a debt. Over the last few years they have sporadically sent us letters and each time we have made contact with them via letter, they have refused to provide us with any evidence this debt is ours. several years ago they tried to give us a ccj but filled in completely the wrong details on the form etc and when we challenged it they stopped proceedings and went silent.
last year MCS reared their ugly head again and served us with ccj papers again out of the blue, this time we applied for it to be set aside. in the interim they served us with a charging order also. Around a year ago we went to Northampton court for our set aside hearing. On the day Northampton Court could not find our paperwork, they were very apologetic as they had the same letter confirming date and time of hearing but we were not on the list for that day, MCS didn’t show up and no paperwork etc could be found.
Several days lasted we received paper work from MCS and the court stating the following:
the client agrees to the judgment being set aside.
the judgment granted on 18/5/17 be dismissed
the charging order to be set aside
the iterim charging order dated 11/8/17 be dismissed
the claimants claim against defendant to be dismissed.

we we contacted our Dmp provider (cccs) as although we had paid off the dmp they have always helped us with this. We were relieved this had finally been put to rest!

Yesterday MCS have sent a letter saying because they have not received a payment proposal for the ccj (18/5/17) their client has instructed to apply for a warrant of control and an application to county court will be made for a bailiff. obviously i fee sick!

we have checked the trust online and low and behold the bloody ccj is still on file!

please can can someone please advice what we need to do? why is this still there? were we advised wrongly that this was over?
has there been an admin error?
i honestly can’t see how we can still have this ccj since they sent all this paper work afterwards?
mans if we go back the original resin for us setting aside, to this day they have never provided us with any evidence who this debt was with, and as it was never on our dmp it hasn’t been paid for over the 6/8 years thus why our dmp advisor suggested getting it set aside in the first place as no paperwork provided by them and would be technically a statue barred debt!

[Amethyst]

Do you have a copy of this

Several days lasted we received paper work from MCS and the court stating the following:

the client agrees to the judgment being set aside.

the judgment granted on 18/5/17 be dismissed

the charging order to be set aside

the iterim charging order dated 11/8/17 be dismissed

the claimants claim against defendant to be dismissed.

from the court and Mortimer Clarke that you could post up please ?


Not sure if the admin error is court side or MCS's side... but we'll want to sort both out and get that CCJ removed.

[hufflepuff]

thank you for your reply. i think i have successfully uploaded the photos!

[hufflepuff]

also just remembered while taking photos, we spoke to a Lauren from MCS to confirm that the client no longer wished to proceed this the note with name date and time on that letter!!

[Amethyst]

They're a bit tiny but from what I can make out, the first is a letter from MC confirming Cabot consent to the set aside, second is a DRAFT ORDER they've proposed to the court... the fourth is the order from the court, I can see the application for final charging order is dismissed and interim CO discharged, could you type out the rest of that paragraph though as my eyes can't quite make it out, but I can't see it says the original judgment is set aside at all ? It does seem to relate ONLY to the application for a final charging order.
The third letter says they are formally notifying of their non attendance at the hearing and asking the court to lodge the draft order on the court file ( which is quite meaningless, it's a draft order and would need to be turned into an order by the judge ) - so has there been anything else from the court at all?

When you spoke with CCCS did you show them a copy of the order from the court?

[hufflepuff]

[hufflepuff]

thank you for your reply i have tried to resize and upload the photos (i’m not sure how successfully!)

[Amethyst]

Obvs, pending your responses to the aove posts, just thinking something simple in response should help clear things up and ditch this threat of a warrant … only send the letters from MCS as attachments, not the court order.
I would also telephone the court where you had the hearing and ask them the status of the case and if they could email the case notes ( they have a list on their systems of dates of claim apps, hearings and orders so should help )




Dear Mortimer Clarke,

Ref: Claim XXXXX

I am in receipt of your letter dated xxxxxx October 2018 in which you request proposals for payment of a Judgment obtained on 18th May 2017. I am somewhat confused by this and would ask that you ask your client to check their records. As far as I am aware, and please refer to the attached documentation, the judgment was set aside by consent and the claim dismissed. I have heard nothing from either yourselves or your client since xxxxx 2018.

If you could confirm your clients understanding of the position by return it would be appreciated so that I can consider what action needs to be taken.

Obviously it would also be appreciated if you could put any further action, including any application for a warrant of control, on hold while we work out what's going on with the case.

Kind regards

xxxxxxxxxx

[Amethyst]

Yes that worked, thank you. Okay what date was your set aside application made and what date was the hearing that got cocked up? Just seeing if that was the result...

[hufflepuff]

we haven’t had anything else from anyone until the letter yesterday! we believed from the info we had that it was all over ! especially as they had written and said the client wasn’t interested in carrying on! we had no idea there was a ccj in place and no further info asking for payment or anything regarding it from court and nothing from MCS until a bog standard letter you have a debt blah blah received thursday and then the letter about blair’s yesterday.

[hufflepuff]

i will just look out dates and letters Amethyst.

[hufflepuff]

this is the letter regarding the appointment to get order set aside.

[hufflepuff]

i also located the reasons why we asked for the ccj to be set aside at the hearing in 2017.

[hufflepuff]

we also had a letter dated 22 july 2017 from county court stating that our claim had been transferred to northampton for the court to deal with defendants application for setting judgement and details of time and date would be sent to ourselves and other parties .

[Amethyst]

Hmmm. Seems like one major cock up with the court there. The set aside hearing never happened as they'd lost your paperwork and didn't have you on the list, then the Judge seems to have read only the claimant's letter and ordered that the charging order be removed, and not that the judgment be set aside.

So as it stands, through no fault of your own, the Judgment exists and Cabot.MCS are entitled to enforce.

Send that letter to MCS anyway, and ring court on Monday and ask them if they can send you the case file ( they might charge £10 for it )… I think we might be having to do another set-aside application for the judgment but need to find out what exactly happened and why it got so messed up.

Did you complete the N244 application and pay £255 or get fee remission with that letter with your reasons for setting aside - or just send a letter to the court? Guessing you musthave done the app as the hearing date order says it's a hearing of the set aside application.... grrrrr dimwits have well messed it up haven't they !

Did you tell CCCS what the actual order said at the time or just outline what the Draft order from MCS said? I know it was a while ago but they should have picked up on that the judgment wasn't set aside then, and might have been easier to get it sorted.