Cabot / Mortimer Clarke CCJ

[Alberts1*]

Hi everyone

I have a couple of issues I’d really appreciate some advice on - but will post them separately for ease!

The first one is with Cabot / Mortimer Clarke...

I found out the other day that I have a CCJ that was registered in July for an account that was passed to Cabot. I found this out by doing a check of my credit reports with the 4 main companies.

That was the first I knew about it. It’s been registered to my old address that I haven’t lived at in over 3 years. So obviously I haven’t received any papers etc and haven’t had the chance to defend it.

However - Cabot have my current address - the reason I know this is a. I gave the original account owner my new address when I moved and b. Cabot have been sending me letters at this address since they took over the account.

I am also registered on the electoral role here and have been since I moved in.

They also ignored both of my settlement offers for the account and seem to have proceeded on to the CCJ regardless.

i am aware that Mortimer Clarke are the ones who file the CCJ - however I understand they are part of Cabot.

So why now after using my current address to communicate with me for over 2 years have they used my old one re: legal action?

To add also - the address that they have used re: the CCJ has missed off the flat number - only gives the building number - so even if I was still living there it’s very possible I wouldn’t even have received the papers !

Could anyone advise me where I could go from here? I know I can apply to the court for the CCJ to be set aside as it’s been done in default but obviously there is a considerable fee for that ... do I have a case to try and get Cabot etc to consent to remove before I go down that route?

Thank you in advance !

[DE DOGS]

Going through the same offence Summons were sent to XXXXXX address then they gain a CCJ. But mysteriously then send the Judgement to the correct address, they seem to make this a habit to gain Judgement, then you have to request a Court to set-aside N244

[Alberts1*]

Thing is none of the claim forms, judgement etc has been sent to the right address! I only found out about the judgement by checking my credit file. Yet they have been corresponding with me at my current address for the last 2+ years.

They have my correct address and have been using it - up until the point of legal action it would seem. Which to me feels quite deliberate if I’m honest.

As in - they have deliberately sent court papers etc to the wrong address knowing I wouldn’t receive them, wouldn’t be able to put in a defence etc - therefore they could obtain a judgement in default.

Feels very underhand to me!

[MIKE770]

then set aside as not served at your address which they have been corresponding the last 2 + Set Aside Application

[Alberts1*]

Would it be better to go to Cabot first - re: consent to set aside - or just go straight to the court ?

[Alberts1*]

Sorry - ignore that - I posted before I read the entire article! Will follow what that says - thank you!