Judgement for Claimant (in default) Cabot/Mortimer Clarke

[Jluke91]

Hello Beagles,

I'm in a bit of a situation here in an old credit card debt, It was originally with Cabot Financial and was then taken over by Mortimer Clarke who sent me out a claim form, of which I replied to and sent off. However they're saying they haven't received it and I returned from a family wedding week away to a Judgement for Claimant (in default) letter saying I owe them the full amount and fees, however the letter itself doesn't have anything else attached. Its just the Claim No. from Civil National Business Centre saying I need to pay Mortimer and Clarke within a month from the date of the 1/11 or I'll get a CCJ.

I'm a little afraid and admit I've been sticking my head in the sand about this, I can't afford to pay it all within the month and I'm not sure where to go from here, especially since I did reply to the paper work then sent the month before.

What info do I need to provide here to get some help? Or am I better off just calling the courts directly? I'm very out of my debt here and want to avoid the CCJ as I'm a current sponsor for my wife going the legal route for remain to leave in the UK.

Thank you!

[echat11]

Hi JLUKE91

Welcome to LB

If you are disputing the debt i.e. for example you are saying it's statute barred or you know nothing about the debt, you could set the Judgement aside, because of your financial situation you would get help with the Court fees. What the set a side does is 'restart' the process allowing you to defend the claim with a defence etc. At this moment in time you have a CCJ against you. You need to act quickly.

https://legalbeagles.info/library/ho...-judgment-ccj/

The other option is to fill in an income and expenditure form, see if the Creditor / Courts will allow you to pay a monthly amount, but that doesn't remove the CCJ against you.

https://nedcab.cabmoney.org.uk/

[Jluke91]

Hello thank you for the response!

I did admit to owing the debt and had actually sent the claim form back but I had no further information or contact from Mortimer Clarke, I just got the judgement for claimant form saying I hadn't returned the claim form.

So the best thing to do is call the courts and explain this and request a set aside? Then contact Mortimer Clarke for next steps correct?


Thank you for the help!

[echat11]

Hello thank you for the response!

I did admit to owing the debt and had actually sent the claim form back but I had no further information or contact from Mortimer Clarke, I just got the judgement for claimant form saying I hadn't returned the claim form.

So the best thing to do is call the courts and explain this and request a set aside? Then contact Mortimer Clarke for next steps correct?


Thank you for the help!

Ring the Court explain that you sent the forms to them etc. See what they suggest.

If you want to Set a Side the Judgement I've posted a link, the Courts will tell you you need to fill in the N244 with a Witness Statement.

If M & C agree to the Set a Side then the fee is reduced.

[Jluke91]

Hello just an update.

I called the courts and they said that the judgement can't be set aside as I can't prove the forms were sent and to either pay in full or pay in installments but the CCJ will stay on my file for 6 years or just be marked as settled once I pay off the owed debt.

I'm kinda stuck between a rock and a hard place as I don't have the money to pay it off at once and they won't let me reset it.

Is there nothing else I can do?

[echat11]

Hello just an update.

I called the courts and they said that the judgement can't be set aside as I can't prove the forms were sent and to either pay in full or pay in installments but the CCJ will stay on my file for 6 years or just be marked as settled once I pay off the owed debt.

I'm kinda stuck between a rock and a hard place as I don't have the money to pay it off at once and they won't let me reset it.

Is there nothing else I can do?

Send M & C a covering letter, amend it to suit, send the I & E form, remember there is a 'Cost of Living Crisis', give yourself 'headroom', energy, food etc. Make sure you get Proof of Postage.

https://www.citizensadvice.org.uk/de...itor---letter/

https://nedcab.cabmoney.org.uk/

[Jluke91]

Do I ask them to remove the CCJ? Does it need to be by post or would email work too?

Can they have the CCJ removed if they agree to settle it outside of the courts? My next step was to contact M&C anyway since the courts have not been able to help.

Again thank you for all the help so far!