Mortimer Clarke Attachment of Earnings Letter

[jonnyl_1970]

HI all

I'm looking for a bit of advice. I know what I'm going to do as I want to get rid of this debt once and for all but wanted to clarfiy some things.

Back in Feb 2008, I got a judgement entered for Citibank for around £10k. Judgement was entered and I was ordered to pay £50 a month after completing the court forms. I paid this for about 3 years then for some reason, stopped.

Last year in August 2016, I got a letter from Mortimer Clarke saying that they would advise their client to seek further notice if I did not pay. I rang them up and said I would continue to pay the £50 the judgement was for but they insisted on me completing a I & E form. They sent me a letter saying they had been in touch with the court and the payment was actually £700 per month and I had to prove the original judgement was £50 a month! I knew they were up to something so I contacted by letter, my local county court for a copy of the judgement after being directed to them from the BCC as that's where it had been transferred to. The court told me that the paperwork and records had been destroyed as the judgement was more than 6 years ago ( I still have the email from the court with this response).

If this was the case then how can Mortimer Clarke claim to have contacted the court and got a figure of £700 a month? I didn't respond and sent more payments of £50, so 3 payments of £50 since the original letter in August. I haven't paid for the last 3 months now I have received a letter saying they are going to do an attachment of earnings application to the court and I would need to attend court and the court will decide how much I pay.

I can stop this action by contacting them and working with them for an affordable amount and having discussed with my partner we both agreed let's just get it paid as quickly as possible.

Shall I just contact them, as for an I & E form and complete it with a very reasonable offer of a monthly payment to get it paid off or have I any grounds to fight for the £50 a month original judgement?

Any advice would be welcome.

Thanks





























































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[nemesis45]

Re: Mortimer Clarke Attachment of Earnings Letter

Good morning, welcome to LB,

Mortimer Clarke and it's client it seems would have the same problem you have encountered in regard to the judgment order thus a stalemate, or deadlock has been reached.

Can you tell me who has signed letters from Cabot and or Mortimer Clarke please?

Mt suggestion is make a Formal Complaint to Cabot about they conduct of their solicitors, MC is a wholly owned subsidiary of the Cabot group often it seems even though they are part of the same group there's little meaningful communication!

Ken Stannard is CEO at Cabot I would send the complaint to him.

nem

[jonnyl_1970]

Re: Mortimer Clarke Attachment of Earnings Letter

Hi Nem

Thanks for replying. I will have a look at the letter as soon as I get home and let you know who has signed the letter.

Thanks

JB

[nemesis45]

Re: Mortimer Clarke Attachment of Earnings Letter

Hi Nem

Thanks for replying. I will have a look at the letter as soon as I get home and let you know who has signed the letter.

Thanks

JB

Thanks Jonny!

nem

[jonnyl_1970]

Re: Mortimer Clarke Attachment of Earnings Letter

Hi Nem

The letter isn't actually signed by a named person, just the Mortimer Clark name in a fancy logo. I have posted the letter below. There is no actual reference to the client's name apart from ME III whoever they are. I would be interested in how they can obtain particulars of a judgement if the records are no longer available. You said this sounds like a stalemate. Does that mean my word against theirs for the original judgement amount? Am I best just getting in touch with them and completing I & E with a reasonable amount or should I also formally complain about their solicitors conduct lying that they had obtained information from the court when it's been destroyed?

Thank you for taking the time to answer my post, it's really appreciated.

JB

http://weim.org.uk/img027.jpg

[nemesis45]

Re: Mortimer Clarke Attachment of Earnings Letter

Hi Nem

The letter isn't actually signed by a named person, just the Mortimer Clark name in a fancy logo. I have posted the letter below. There is no actual reference to the client's name apart from ME III whoever they are. I would be interested in how they can obtain particulars of a judgement if the records are no longer available. You said this sounds like a stalemate. Does that mean my word against theirs for the original judgement amount? Am I best just getting in touch with them and completing I & E with a reasonable amount or should I also formally complain about their solicitors conduct lying that they had obtained information from the court when it's been destroyed?

Thank you for taking the time to answer my post, it's really appreciated.

JB

http://weim.org.uk/img027.jpg

Hi Jonny,

Yes deadlock/stalemate but if you can come up with some " evidence" showing your £50.00 payments you can beat them hands down.
Mortimer Clarke as said is an in house legal department of Cabot and MEIII, and like it's sister companies bends the facts to suit their purposes.
I would make a formal complaint to Ken Stannard the CEO of the group.

nem