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Mortimer Clarke acting on behalf of Cabot financial...

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  • Mortimer Clarke acting on behalf of Cabot financial...

    I defaulted on a credit card (capital one) approx 5 years ago. I have recently found out I have had a CCJ put against my name. I have a mortgage on my home but due to financial difficulties rent it out to pay bills and sofa surf at various friends. I never ever received any court papers so had no chance to speak up for myself. I have now received a letter from Mortimer Clarke threatening more costs and court action to get an attachment of earnings order. I would happily find a solution to pay an old debt of just over £1000 but have zero way to pay the now £5000 debt with a company I never entered in any kin d of financial arrangement. Is there a way to actually speak to the court and have a new hearing as I never received any papers with regards to the first hearing? I was directed to this website from another one, thanks to those who read this post and more thanks to anyone who takes the time to reply!
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  • #2
    Do you know how long ago the judgment was obtained ?

    Was the judgment issued to your address ( just that you weren't living there at the time as a tenant was ?)

    Capital one will have sold ( assigned ) the debt to Cabot after you defaulted - they are entitled to do this and basically Cabot became the creditor from that point.

    Theres info on setting aside the judgment here https://legalbeagles.info/library/ho...-judgment-ccj/ which would put the case back to the start so you could defend it ( and suspend any attachment of earnings applications they might be making)

    Not sticking my oar in as its not my area of knowledge at all but be careful with renting your house out without permission of your mortgage lender - there are often terms against doing it in the mortgage conditions.
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    • #3
      Thanks for the link. With regards to letting out a home to somebody without telling the mortgage company I appreciate they don’t approve of this but when one has no choice they have to take a chance. I only have two years left on the mortgage (interest only unfortunately) and definitely need the CCJ removed before I renew.

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