Cabot/Mortimer

[HoundedbyCabot]

Hi. I had an MBNA card that my ex controlled. Unbeknown to me he stopped paying in Nov 2008, just prior to immigrating abroad in Feb 2009. I returned in 2016 to discover a CCJ on my credit file. Long story short, they claim I terminated the agreement in May 2010 and thus they had the evidence they needed to take me to court. Now I never received any letters of demand from MBNA, was out of the country when the court order was sent, so had no knowledge of this and if I did send the termination letter somehow, the debt was with MBNA. I don't know if I can fight this as my ex shredded all paperwork before we left. I'm so confused and not sure what to do. They keep sending me threatening letters and Citizens Advice say just pay it. Need an alternative opinion to make sure they are right before I pay. Thank you.

[charitynjw]

Re: Cabot/Mortimer

Hi HoundedbyCabot, welcome to LB.

If you can prove to the court that you could not have received the original court papers, you have a reasonable chance of getting the CCA set aside.
A slight problem may be that you have been aware of it since 2016.
Did Cabot find you & contact you at your new address? Or did you inform them when you found that a CCJ had been decided during your absence?

[HoundedbyCabot]

Re: Cabot/Mortimer

Hi HoundedbyCabot, welcome to LB.

If you can prove to the court that you could not have received the original court papers, you have a reasonable chance of getting the CCA set aside.
A slight problem may be that you have been aware of it since 2016.
Did Cabot find you & contact you at your new address? Or did you inform them when you found that a CCJ had been decided during your absence?

They tracked me down I assume through my credit file.

[charitynjw]

Re: Cabot/Mortimer

If you wish to get the judgment set aside, first write to Cabot to seek their consent. If given, it makes the process simpler & cheaper.