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Mortimer clarke solicitors

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  • Mortimer clarke solicitors

    Hello everyone,
    I was just looking for some advice if possible.
    I had a credit card years ago with Mbna,
    I haven't had any contact with them for years and a few weeks ago I am contacted by Mortimer clarke solicitors saying they have taken over the debt of £1100.
    I wrote to them stating I thought the debt was statute barred, due to lack of contact for so many years.
    Mortimer clarke then wrote back now saying its not statue barred as Mbna got a ccj against me in August 2006 and stating I had been paying them £10 a month for over a year.
    Obviously the ccj is no longer on my credit file, so I requested the claim number or proof of the ccj and I also advised them that the £10 payment is not being made by me and asking for actual proof of the payments being from me.
    A while later they replied saying their client is under no obligation to provide proof and attaching a schedule of £10 payments that could be from anyone or fabricated.
    I again asked for both proof of the ccj and actual proof of the account the payments are from, they have ignored this and today sent a letter saying they are still awaiting an income and expenditure from me and will refer it back to their client if one is not received.
    My question is where do I stand on this, do they have to provide proof of the ccj, as obviously my credit file will not have any info about this 15 years on.
    Sorry for the long read
    Any help at all would be much appreciated
    Tags: None

  • #2
    This comes to mind. Ghost payments (they have to prove who and when the payments were paid by) (What Court issued the Summons date and the Issuing number) I seem to remember that if back to Court they would have a difficult time convincing a Judge the there has been no payments made over six years. Also, I seem to remember that you are not obliged to fill in an income and expenditure form as you are then admitting the debt.

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    • #3
      De Dogs thank you
      I think I'm going to send a recorded letter advising I won't be discussing this further, until they send proof of the ccj and payments.

      Comment

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