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Creditor obtained CCJ in 2015 now an assignee looking to enforce payment

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  • Creditor obtained CCJ in 2015 now an assignee looking to enforce payment

    In 2015 Hillesden Securities Ltd obtained a CCJ against me for a credit card debt incurred with MBNA of about 5K, it had gone into default in 2012, I was abroad for six months and they obtained judgement in my absence . Late in 2015 a firm called DLC contacted me but then went silent and I heard nothing more. No payments were made since then I have had other more pressing problems including successfully defending a repossession of my house, eventually it was sold and I cleared the secured debt and some priority debt leaving no equity.

    Out of the blue I have received a letter from Mortimer Clarke on behalf of ME III Limited with some fairly sketchy details and a payment request and I/E forms. I note from another posting that ME III should have applied to the court for change of ownership of the CCJ and I should have been informed which I wasn't.

    So to start with I have drafted a SAR asking for copies of:
    • the Credit agreement with MBNA
    • the debt position - in particular what is the make up the amount of £5K?
    • the assignment from MBNA to MEIII
    • the County Court Judgement itself and evidence of the Court process by which the ownership of it was changed
    Should I be asking for anything else?

    There has been no enforcement action for over 3 years so my plan is to see what they produce against my SAR and if they can demonstrate proper change of ownership then try to negotiate Full and Final Settlement.











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