Cabot / Resolve Call / Northern Rock 12 Year old CCJ

[scot1983]

Hi all

In around 2007 I defaulted on a Northern Rock unsecured loan and as a result Northern Rock obtained a CCJ and then a Charge Order for the property I owed at the time. At the beginning of 2008 the property was repossessed by the bank and the sale wasn’t enough to cover the mortgage let alone the charge order.

The debt has been sold on (not sure how many times) and I have been chased for payment over the years at various addresses. Back in 2016 I sought some advice from National Debt Helpline after receiving demanding letters and phone calls from Cabot they advised that it would be unenforceable without them reapplying to the courts and told me to send them a letter stating it was unenforceable, the letter stated that I excepted no liability for the debt.

From what I can remember Cabot replied stating that the debt had become "secured" when Northern Rock were granted the Charge Order and they were in their rights to continue to ask for payment, which they have continued to do and they have passed the debt to other agents to try and collect.

So today I have received a letter and phone call from Resolve Call who are now chasing the debt on behalf of Cabot.

So my question is while I understand that CCJ's don't become Statue barred is it likely that either Resolve Call or Cabot will try and pursue with through the courts again? I've read about someone (on this forum) getting an Attachment to Earnings on a 12-year-old CCJ, could this happen without any further communication ie would I be notified before any such action by the courts etc?

Thanks in advance for any advice you can give :-)

[scot1983]

This has now been transferred to Mortimer Clark. So far I have had a letter from them just advising it's been transferred and there has been a ccj obtained. Is anyone able to offer any advice on this?

[Amethyst]

Yes they would have to apply to the courts to enforce - It is no longer a secured debt following your house repossession 11 years ago. And as it's been six years at least they can't enforce the judgement without applying to the court, if they do apply to the court don't have to show good reason why they haven't enforce the debt until now and you can defend their application. What does the letter from Mortimer Clarke actually say, and has the judgement actually been assigned to Cabot ever?

[scot1983]

Hi Amethyst

Thanks for the reply, the letter looks fairly generic, they introduce themselves and say they are working on behalf of Marlin Europe V in relation to a credit agreement entered into with Northern Rock (Asset Management) and the agreement number. It goes on to say "As you are aware a County Court Judgement has been entered against you under Claim Number XXXXXXXX"

I am unsure whether the judgment has been assigned to Cabot, is there anyway to find this out?

Thanks

[Amethyst]

The way Mortimer Clarke have worded the letter could mislead you into believing there is a recent judgment against you.

Firstly you could ring the court and ask if they can check the status of a judgment and give them the claim number. Then if any application/assignment has been made it should flag up ( it's most likely it won't but worth checking) Then if not you could respond to MC and ask for a copy of the judgment and any assignment thereof as you have no records of such and that as far as you are aware any debt with Northern Rock was settled when they repossessed your home 11 years ago.

[scot1983]

The way Mortimer Clarke have worded the letter could mislead you into believing there is a recent judgment against you.

Firstly you could ring the court and ask if they can check the status of a judgment and give them the claim number. Then if any application/assignment has been made it should flag up ( it's most likely it won't but worth checking) Then if not you could respond to MC and ask for a copy of the judgment and any assignment thereof as you have no records of such and that as far as you are aware any debt with Northern Rock was settled when they repossessed your home 11 years ago.

After much chasing around to find which court issued the CCJ and then being passed onto the court that issued the CO I now have a response to say no action has been taken since the CO was issued in 2007. So now should I go back to MC and do as you pointed out? Must admit so far MC have barely made any attempt to contact me.

PS NR weren't the ones that repossessed the property, this was done by the mortgage provider which wasn't NR - Not sure if that makes any difference

Thanks :-)

[scot1983]

So had another letter from MC today just stating "we wrote to your recently about this balance which is due under a CCJ" the rest of the letter was standard stuff. Shall I write back and ask for the above or shall I just ignore them as the ccj has never been assigned to them?

[scot1983]

Hi Amethyst and everyone

Today I've had a letter from Mortimer clark saying they they will send a representative from marstons to pay a personal visit to my home. I really dont want anyone coming here, I dont know what to do next I'm not really in a position to pay and to be honest felt this was all dealt with 12 years ago when the property got repossessed. I have an email from the court saying there has been no applications and no activity since the charge order was made in 2007. I dont remember ever receiving and notice of assignment from cabot or northern rock but it's so long ago now.

[scot1983]

Hi

Sorry to bump this up but really could do with some advice on next steps if anyone is able to help?

Thanks

[MIKE770]

IF A BIG IF anybody came to your door then you do not need to communicate with them and shut the door or ask them to leave, failure to do so call the Police, they will then depart, only hopeful collection agents do any calls, most of this type threat is just that a threat but not carried out - But do not use a shot gun on them as the so called law dislikes that opppsss

[Amethyst]

Hi Amethyst and everyone

Today I've had a letter from Mortimer clark saying they they will send a representative from marstons to pay a personal visit to my home. I really dont want anyone coming here, I dont know what to do next I'm not really in a position to pay and to be honest felt this was all dealt with 12 years ago when the property got repossessed. I have an email from the court saying there has been no applications and no activity since the charge order was made in 2007. I dont remember ever receiving and notice of assignment from cabot or northern rock but it's so long ago now.

Would you be able the post a redacted copy of the letter ? They can't just send bailiffs - they'd need a warrant of control first which they'd have to apply for through the court. The court has said no applications have been made. We should respond to them to that effect as well as asking them for evidence of a ccj.

[scot1983]

Hi Amethyst MIKE770
Thanks for your replies I was wondering if this is a ploy to get me to pay up.
I have attached a copy of the letter redacted. So I will draft a letter tomorrow to them asking for a copy of the ccj should I ask for anything in addition to this or just the ccj?

[ploddertom]

Marston would only be attending as Debt Collectors but they do use multi headed paperwork that will have you believe they are acting as Bailiffs or High Court Enforcement Agents.

Have you checked your Credit file to see if this has indeed dropped off. By responding to Mortimer Clark they will be thinking they have you on the hook and can reel you in. If I were in your shoes I would just ignore them and let them do the running.

[scot1983]

Hi Amethyst ploddertom MIKE770 & Everyone

Sorry its taken me awhile to reply, I have had several things happen recently that have overtaken this problem, including the company I work for going into administration and therefore being made redundant (not Thomas Cook).

So I have drafted the following letter to Mortimer Clarke asking for copies of the CCJ and Warrant of Control.

Today I received a letter from engage (part of Marstons) suggesting they are going to send someone out in the next seven days if I don't get in touch with MC so should i send this or wait to see if they turn up?

Also as the CCJ was originally obtained by Northern Rock could Cabot really enforce it?

ploddertom yes the CCJ has definitely dropped of my credit file and I have checked registry trust and no record of it there either (even under previous addresses)

Thanks again for all the help

Dear Mortimer Clarke Solicitors

I write in response to your previous letters with regards to the above reference. In these letters you state a CCJ with reference xxxxxxxx has been obtained against me by your client Cabot, I am unaware of your client obtaining a CCJ against me for this alleged debt, please could you provide me a copy of such by return.

I believe you have passed this debt to Marston Bailiffs however again I am unaware of any application made with reference to the mentioned CCJ, please provide a copy of such by return.

I look forward to hearing from you with in due course and trust you will put on hold any enforcement action until you are able to provide substantive evidence that you have the legal right to do so on behalf of your client Cabot.

[scot1983]

So had a visit from Engage wasnt in at the time to answer the door however they put a letter through the door to say they are trying to put me back in contact with Mortimer Clarke.

No response to my letter as yet.