Hi Everyone... And Help Required regarding Issue of Warrant & CCJ

[ArnieGSD]

Hi Everyone,

I found this site when searching for info on a couple of companies that do seem to feature here, Cabot Financial and Mortimer Clarke Solicitors.

Situation I have is, yesterday I received an 'Issue of Warrant of Control' from my local Magistrates court with the creditor being named as Cabot, this was delivered to an address I have not lived at for over 12 months. The tenant of the property it was delivered too contacted my partner and advised of an important looking letter with my name on it. I went and collected the letter to find this Warrant of control. It was dated 05/10/2016 with a demand for payment before 13/10/2016 otherwise a court bailiff would visit to remove goods.

I spoke with CAB and National Debt line for advice yesterday, and the court itself as I had no idea when and what this was for. The court advised myself it was connected to a credit card supplied by Vanquis and it dates back to Jan 2007. I consequently checked my credit file using Noddle to find a CCJ was registered against my name, without my knowledge, on 25/03/2015. I was living at the address the Warrant was sent to back then and certainly can not remember anything coming through the door pertaining to a CCJ. I spoke with National debt line upon finding out what the debt was for and they mentioned filling in a N244 form to set aside the judgement due to statue Barred.

I contacted Mortimer Clarke several times yesterday to gather further information of the debt but unfortunately their systems were down and no accounts could be retrieved. I did contact the court to advise I'm doing my best to find more info on the debt and they systems at Mortimer Clarke were down and they could not supply this info to myself. I advised the court I will need to fill in a N224 form, and her response was I will let the Bailiff know but it will not stop them visiting the address on the warrant.

The National Debt line were informative, yet I feel under pressure to have the court understand this is a debt from a long time ago and I require time to gather info.

If the is anyone out there that could point me in the right direction and what course of action I should be taking today to stop the bailiffs visiting the property I no longer live at as the current tenant is 8 months pregnant and does not need the hassle.

Kind regards and thanks in advance.

[Amethyst]

Re: Hi Everyone... And Help Required regarding Issue of Warrant & CCJ

Yes, you should be completing a N244 form to put the warrant on hold and apply to set aside the judgment. There is some help with this >>> Set Aside

First though, try giving Mortimer Clarke a call again this morning and see if their systems are up, and tell them you intend to file an N244 today and require details of what this judgment is, and if they can email you a copy of the original claim and judgment.

do you have any recollection of this Vanquis credit card ? Opened in 2007 - when do you think it was last dealt with at all ? Anything from Vanquis or the DCA showing on your credit file other than the CCJ ?

Judgment was March 2015 so the claim was probably made in Feb 2015 - so to benefit from any statute barring it would have to have been defaulted back in 2008 really.

[ArnieGSD]

Re: Hi Everyone... And Help Required regarding Issue of Warrant & CCJ

Hi Amethyst,

Thanks for the quick reply.

Until I speak with Mortimer Clarke, the info given to me by the court was it was unacknowledged in 2007, if I recollect the card was issued in 2006. Nothing is showing on the credit file from Vanquis or the DCA before the CCJ regarding this matter.

[ArnieGSD]

Re: Hi Everyone... And Help Required regarding Issue of Warrant & CCJ

Hi Amethyst,

I have now spoke with Mortimer Clarke and they have advised on these dates regards to the Vanquis: account was opened on 12/01/2007 and was terminated by Vanquis on 30/06/2009 and the last payment was made to them 12/01/2009 with the CCJ being obtained by Mortimer Clarke/Cabot on 25/03/2015.

I requested their consent to set aside the judgement which she refused without updating my details. I then advised of submitting a N224 form but they were quite adamant on getting my current address which I refused to give at this point until they could supply me with the info via email. She claimed she could not email this as its unsecure and can only send out via post. She gave me the dates over the phone that I have listed above.

[wales01man]

Re: Hi Everyone... And Help Required regarding Issue of Warrant & CCJ

If you are not giving your address please tell the tenants of the property that bailiffs may call so they can prove they are not you.

[ArnieGSD]

Re: Hi Everyone... And Help Required regarding Issue of Warrant & CCJ

Hi,

Yea that's what I plan on doing, thanks

[Diana M]

Re: Hi Everyone... And Help Required regarding Issue of Warrant & CCJ

I have now spoke with Mortimer Clarke and they have advised on these dates regards to the Vanquis: account was opened on 12/01/2007 and was terminated by Vanquis on 30/06/2009 and the last payment was made to them 12/01/2009 with the CCJ being obtained by Mortimer Clarke/Cabot on 25/03/2015.

I requested their consent to set aside the judgement which she refused without updating my details. I then advised of submitting a N224 form but they were quite adamant on getting my current address which I refused to give at this point until they could supply me with the info via email. She claimed she could not email this as its unsecure and can only send out via post. She gave me the dates over the phone that I have listed above.

Is there any reason why you won't give Mortimer Clarke your current address?

It's not uncommon for solicitors to refuse to send personal information by email in case they unwittingly breach the DPA if it goes to an email address they can't verify (unlike a terrestrial address).

They might also (wrongly) suspect you're pulling their leg about not living at the CCJ address if you refuse to provide information to the contrary.

If this debt is likely to have been Statute Barred before the summons was issued (it's possible from your dates of last payment January 2009 and CCJ March 2015) then I would co-operate with Mortimer Clarke in case they are willing to consent to a set-aside and dismiss their claim all in one hit without it costing you a bean in court fees

I appreciate time is of the essence re the bailiffs so you should contact the Warrant Office at the court to make them aware of the situation. Did you ask Mortimer Clarke to do the same? That must be your priority today if there's a lady who is 8 months pregnant living at the address given to the bailiffs who may call there tomorrow.

Do you own that property so this is your Tenant, or did you simply become friends with the replacement Tenant when you left a rental so gave them your/partner's phone number? Where are you on the Electoral Roll (looking ahead to your set-aside)?

Di