Mortimer clark letter

[AHG]

Hi guys, received this any idea how i should proceed?
thanks

[warwick65]

Re: Mortimer clark letter

Hi
There obtained the judgement 11years ago?

Have you ever paid towards it?

I think the may struggle to get an attachment of earnings [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] any ideas

[AHG]

Re: Mortimer clark letter

hi, yes 11, and no not a penny has been paid.

[Amethyst]

Re: Mortimer clark letter

Have they made any attempts at enforcement since 2006 at all ?

Under section 24 of the Limitations Act 1980, they have six years for the enforcement of a judgment from the time that it becomes enforceable.

Was the original judgment for payment forthwith ? no charging order ? no other enforcement attempted ? have you moved house and been untraceable ? etc.

They will need a good reason to get the court to allow any enforcement after 11 years if they've done nothing between times.

They can apply to the court so you should really try head them off at the pass rather than wait for them to apply then argue the case with the court.

Any idea what the judgment actually was?

[AHG]

Re: Mortimer clark letter

Thanks,

i moved house back in October 2010 , seven years ago, the only correspondence i have is a letter in April this year to say that they traced me to my new address. I cannot find any other info about this, don't even know what was the original debt.

[Amethyst]

Re: Mortimer clark letter

And as far as you recall, no enforcement action commenced within the 4 years between the judgment and your moving house.

And of course other creditors have had no issue finding you ( going off your previous threads) so presumably your credit file and electoral roll were updated and you weren't 'in hiding' ?

[AHG]

Re: Mortimer clark letter

thats right, not that i recall indeed, and yes other creditor found me quite easily.

[Amethyst]

Re: Mortimer clark letter

Okay cool. And you recall ( vaguely) getting the original claim and judgment against you ? Did it show on your credit file up until about 2012 ? ( ie this isn't the first you've ever heard of having got a CCJ in 2006 ? )


This is the part in the Limitation Act for ref

24 Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

[AHG]

Re: Mortimer clark letter

And you recall ( vaguely) getting the original claim and judgment against you ? Yes i do
Did it show on your credit file up until about 2012 ? i have no idea
( ie this isn't the first you've ever heard of having got a CCJ in 2006 ? ) no, but even now my file shows clean of any CCJ

[Amethyst]

Re: Mortimer clark letter

Rightio.

It won't show on your credit file anymore as they only remain on the resgiter of judgments and your credit file for 6 years from judgment.

So, if you don't feel this is just a fishing expedition letter, you want to probably respond saying thanks but no thanks and quoting the Limitation Act to them.

[AHG]

Re: Mortimer clark letter

Thank you, i appreciate your help very much,
I do not know as yet if i will respond to them or just ignore it, i'm debt free and have an excellent credit history for a long time, just worried that this might come and spoil it for me.
Do you know if there is a template letter for this kind of matter?

Best regards and again thank you.

Eric

[AHG]

Re: Mortimer clark letter

hi, just found out that this had a charging against my house which was repossessed back in 2010, does this make any difference?

[Amethyst]

Re: Mortimer clark letter

I doubt it, they should have acted at that point, and didn't. Presumably the repossession resulted in a shortfall, as after the mortgage company ( if it were they that took posession) took their money owed anything left would go to the second charge before the remainder coming to you.

It won't come back up on your credit file or the judgment register btw so that's not an issue. It's just concern I'd guess at them trying to involve your employer.

Have you heard anything further since that letter about an attachment of earnings?

You could write to them now if you wanted to head them off at the pass; although if it's just fishing it might spur them into action, personally I'd hang fire, but I know it's not nice to have something hanging over you and not feeling in control of it so maybe you could send something along the lines of;


Dear Mortimer Clarke,
Re: xxxxxxxxxxxxxxxxxx and your name
Claim No:
Ref:

I am somewhat incredulous to have received a letter of you dated 9th November 2017 indicating your client has instructed you to apply for an Attachment of Earnings Order against me on a Judgment obtained in October 2006, over 11 years ago.

Your client obtained a charging order shortly after the judgment, however the property was reposessed in 2010 and I have heard nothing from your client since.

I am sure you are aware of the Limitations Act with regards enforcement of Judgments, but in case you are not it states;

24 Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

Therefore please be aware that should your client decide to proceed with an application it will be defended.

Kind regards

AHG

[AHG]

Re: Mortimer clark letter

Thanks for the reply.

they sent me a copy of the judgment (September 2006), where it states the charging order, they also sent me a expenditure form. I don't quite know if i should just ignore or nudge them.

thanks