Welcome/Cabot/Mortimer Clarke CCJ

[worried33]

Hi
I have read similar stories to my own situation except I have received the CCJ from Northampton CC already. I never received a claim form!

I have a few questions that are causing me not to sleep so any advice is welcome! I'm having a baby due in 12 days and this is not helping my mindset!


I have called the court and advised I can ask for judgement to be reconsidered for £155 or I may get fees free depending on my income. I have just left work for maternity and I will receive SMP. I have no proof as I haven't yet revived a payslip showing SMP on it.
therefore my first question is will I get the fees paid!?

The original amount was April 2008 I signed paperwork for car finance at the garage for 7500.
I had a 2 month delay due to various cock ups, one brinv that the garage wanted 8000 not 7500 which welcome had processed and sent. I did not sign any other paperwork but eventually I was told they sent the 7500 back to welcome and welcome sent a new amount to the garage of 8000. I never signed anything else bit the payment amount changed from 281 to 286 per month.

I queried this and was sent new documents which were on several sheets. The signature part was on a completely different piece of paper which scared me as they could put it against anything!!!

I carried on paying never ever missed or was late with a payment but each month they were adding 2 charges. 'Capitalization fee' then another I cannot remember the name but was an abbreviation which consisted of 4 letters. I was never ever given an explanation or refund from welcome.
Some time in 2011 I stopped paying when I lost my job. I have paid them around 12,000

The CCJ is for 1600 what chances do I have in my argument. The ccj was issued 19th January 2015. It angers me I could have defended myself for free if I had received the claim form! Will they believe I didn't receive it! The court should have sent it surely?

Thank you for reading :-)

[nemesis45]

Re: Welcome/Cabot/Mortimer Clarke CCJ

I think you will have to apply for this to be set aside on the grounds of not receiving the claim pack.
Have you moved since taking out the account?
It seems odd that the order of judgement has been delivered to your address and the claim back was not.

It is not unknown for DCA's to send the claim pack to a previous address if they have one on file!!

nem

[worried33]

Re: Welcome/Cabot/Mortimer Clarke CCJ

It has been sent to my parents address, they don't have any other address I moved in 2009 it's strange I received the judgement and not the claim though. I fee. As though they won't believe me! I've sent a CPR request to Mortimer solicitor by email just now. Will it be too late?

[nemesis45]

Re: Welcome/Cabot/Mortimer Clarke CCJ

I suspect MC/Cabot will decline the request for documents as the judgement supercedes the original agreement.
I would send a subject access request to Welcome to get all the date they hold on you.
Do you have any paperwork regarding the SMP you can submit for remission of fees?

[worried33]

Re: Welcome/Cabot/Mortimer Clarke CCJ

That's what I thought. As they now have the judgement in their favour I think they will be as difficult as possible!
I have a maternity certificate MATB1 and a letter from my work explaining what I'm entitled to

[worried33]

Re: Welcome/Cabot/Mortimer Clarke CCJ

I've emailed the court defendants email address asking them for advice too as I don't want to run out of time! I really dont want a CCJ on my record but it all seems so difficult to challenge, is it easier to just make a payment plan for the minimum amount?!

[Don Quixote]

Re: Welcome/Cabot/Mortimer Clarke CCJ

Have Cr*pbot been sending statements of accounts to your parents’ address every year? Did they send a notice of assignment, and did the original creditor send a default notice?

A more detailed timeline would be useful. Were you living at your parents’ address when you took out the contract?

[worried33]

Re: Welcome/Cabot/Mortimer Clarke CCJ

I lived elsewhere for 1 year. 2008-2009 then moved back to the parents. I've recently moved out but they don't know I still am able to get my post.
I paid them up until 2011 approx 42 payments @ £286 which I reckon in the region of 12,000!
I've had no statements, I think I got some sort of letter saying it was reassigned to these lovely people!
I have just ignored all letters thinking surely these idiots could not possibly have a case for court. It's not like they are out of pocket is it!
I've re read a letter threatening action and the only info they have is the 'account number and amount, no dates are mentioned.

I've emailed welcome with a CCA Request and auto reply says 5 days to even respond. I've mailed court stating my intentions and requesting advice and I've just rang Mortimer and told them my intention to defend it all and queried what my payment would need to be. My disposable income is minus figures! She said she's put it on hold until May for now! But do I trust em!?

[Don Quixote]

Re: Welcome/Cabot/Mortimer Clarke CCJ

The court isn’t allowed to give legal advice, only procedural.

Was there any PPI on the loan? As suggested earlier by the brilliant nemesis, you need to send an SAR to Welcome to get all the account history. If there was missold PPI, this may more than cover any amount being claimed, and would be grounds for a defence. Ditto, they can’t charge interest unless they sent annual statements.

What was the address at which Welcome or Cabot believe you had the loan? If it wasn’t your parents’ address, how did they get your parents’ address? The detail is very important.

You may be able to get a set aside on the basis you did not receive the claim, and having a prospect of defending, but if they did send it to the last known address, they will have complied with CPR.

Again as mentioned, a CCA request is pointless without a set aside and it goes to Cabot, in writing, with £1, when and if you get a set aside.

You may get a copy of the agreement if you specifically ask for it in your SAR to Welcome (include the SAR fee).

[Don Quixote]

Re: Welcome/Cabot/Mortimer Clarke CCJ

As for Mortimer putting things on hold, forget it – their client has judgment. There’s nothing to defend until you win a set aside. Don’t talk to them at all, no need.

Look up and download an N244 form, and think about how you’ll fill it in – come back here for any help.

[worried33]

Re: Welcome/Cabot/Mortimer Clarke CCJ

Thank you. There is no PPI to my knowledge unless they have sneaked it on there! Since I stopped paying I dong think they have added interest onto it but it's been that long since I heard from them I can't be certain. They may have added their standard charges for non payment.

I took the loan in my own address I used to live at. When I moved back to the parents I gave them my parents address I did keep paying them for a while after.

I think they will have 'sent it' to my parents as they sent the judgement there but Can't explain why I would receive one but not the other. I for one would be very sceptical of someone else saying that, I bet they get it all the time. I will send a SAR request in the post, welcome say there is a £10 charge for it is that correct?

And thank you for your help I have the N244 form, how I word it will scare me as I am admitting to signing 'a' agreement, just not the one they are holding me to! I wasn't expecting to get a car for free on the other hand!

[nemesis45]

Re: Welcome/Cabot/Mortimer Clarke CCJ

Yes the £10 is a statutory fee for the SAR.

[Don Quixote]

Re: Welcome/Cabot/Mortimer Clarke CCJ

It may be worth calling the court with the claim number to see if you can get a copy of the original particulars of claim.