Mortimer Clarke / Order for sale on property

[captmanforest]

Hi.

I have recently received a worrying letter from a firm called Mortimer Clarke and would welcome any advice as to how best proceed.

Letter states there is an intention to apply for an order for sale on our property with regards to a debt in my wifes name. Unfortunately due to my wifes medical situation with stress related illness and associated behaviours I have now been made aware of the situation.

My prime concern is that I appear to have this letter out of nowhere but aware that previous letters may well have been discarded/hidden so I have not had a chance to deal with up to now.

Due to my wifes situation I will be managing this on her behalf but need to know best course of action.

The letter states a sum of £6747.85 and a judgement from Northampton BC going back to 12/12/16. I have no knowledge of what this related to and the letter now asks for completion of an income/expenditure plan to determine a payment plan.

Issue with that is my wife no longer works due to personal circumstances and stress issues and I am sole worker in family of 6.

This is causing understandable stress and anxiety especially coming into this so late in the process and with the threat of a forced house sale in the near future.

I have been asked to respond within 7 days and would welcome help as to my next actions. Do I simply acknowledge and respond with the Income report or is there another course of action available.

Thanks for your help.

Ds

[MIKE770]

Re: Mortimer Clarke / Order for sale on property

is this a joint property ownership

[captmanforest]

Re: Mortimer Clarke / Order for sale on property

Hi.

Yes it is joint mortgage on the property.

Thx

[MIKE770]

Re: Mortimer Clarke / Order for sale on property

sure then they cannot get an order , have asked for help for you on here! note intension? trying it on - see what other come back with?

take it a charging order in place on property/ if it is then it is a Restricted one, due to joint ownership.

[nemesis45]

Re: Mortimer Clarke / Order for sale on property

Good afternoon, welcome to LB,

Mortimer Clarke is a wholly owned company within the Cabot Financial Group of companies, so have you or you or your wife had dealings with a
Cabot company Centre ?

There should have been a fair amount of " paper work " prior to the matter getting to this stage, so it would be well worth looking around.

The figure quoted of £6, 747.85 Is in my opinion too low for a judge to consider an " Order For Sale" I've known MC/Cabot to use this process as a "threat" in the past.

Given your wife's problems and the size of your family again I think that a judge would not make the order.

Fill their forms and send them with a detailed explanation as to your circumstances it will help to give you a little more time to try and find any documents.

I'll also see if others can give further advice.

nem

[captmanforest]

Re: Mortimer Clarke / Order for sale on property

Thanks for the prompt responses and guidance, its appreciated.

From what you're saying, the fact that this is a claim solely against my wife but with a joint mortgage, this would be difficult for a court to enforce?

Not aware of any paperwork from Cabot although aware of them from previous cases on this forum and certain tactics they employ.

Would you suggest I simply reply to the MC letter with a full explanation of the circumstances, complete the income form (even though wife is not working anymore) and await their response.?

Thanks

[MIKE770]

Re: Mortimer Clarke / Order for sale on property

await further imput on here

[Diana M]

Re: Mortimer Clarke / Order for sale on property

Would you suggest I simply reply to the MC letter with a full explanation of the circumstances, complete the income form (even though wife is not working anymore) and await their response.?

My suggestion is you do some research first.

The Mortimer Clarke letter should state the name of their client, and is there a claim reference number on it?

If not you can get that from Trust Online where anyone can search so your wife needn't be involved https://www.trustonline.org.uk/search-yourself

It's not unheard of for bulk debt purchasers/solicitors to overstate a situation. You need evidence that there was a CCJ in December 2016.

Would you wife be able to call NCCBC to establish when the claim was issued and to what address etc.? Have you moved since 2016?

If there was any irregularity in the way the claim was served then there is a possibility that an Application for a set-aside would be the way forward.

It's not possible to make suggestions until all the facts are known.

A Claimant can't get an Order for Sale until they've first obtained a Final Charging Order on the property. You would know if there had been an Interim Charge entered at Land Registry because they should write to you. Whether it's a Restriction or a Final CO you can find out from the Land Registry website here > https://eservices.landregistry.gov.u...544.1507296708

Do a bit of digging before you decide how to respond.

If the CCJ is a 'forthwith' order (the whole £6k due immediately) not an 'instalment' order then your wife may be able to make an Application for a redetermination to an amount which is affordable which unless she breaks the terms it would be more difficult for the Claimant to enforce.

Don't let that letter spoil your weekend.

Di

[captmanforest]

Re: Mortimer Clarke / Order for sale on property

Hi - thanks for the comments.

With regards to an update, I have obtained details from a land registry search and there is a restriction in place from this outfit. Only 2 charges are with the mortgage provider and a secured loan (which we are aware of and fully up to date)

There is also a CCJ assigned to my wife that I assume relates to this. I havent seen any paperwork relating to this unfortunately so I need to assume this was sent and was misplaced/lost .

Based on this, my ideal solution would be to set up an agreement with the likes of Stepchange to acknowledge and at least have a manageable plan in place, which is what they are asking for with the attachment of earnings request I presume?

Appreciate this is a mess and my desire is to unravel this over time and not lose the house or the family if at all possible.

Thanks Again
Ds

[captmanforest]

Re: Mortimer Clarke / Order for sale on property

Hi Di.

Would you or another contributor be able to advise based on my latest updates / comments?

Many Thanks
Ds

- - - Updated - - -

My suggestion is you do some research first.

The Mortimer Clarke letter should state the name of their client, and is there a claim reference number on it?

If not you can get that from Trust Online where anyone can search so your wife needn't be involved https://www.trustonline.org.uk/search-yourself

It's not unheard of for bulk debt purchasers/solicitors to overstate a situation. You need evidence that there was a CCJ in December 2016.

Would you wife be able to call NCCBC to establish when the claim was issued and to what address etc.? Have you moved since 2016?

If there was any irregularity in the way the claim was served then there is a possibility that an Application for a set-aside would be the way forward.

It's not possible to make suggestions until all the facts are known.

A Claimant can't get an Order for Sale until they've first obtained a Final Charging Order on the property. You would know if there had been an Interim Charge entered at Land Registry because they should write to you. Whether it's a Restriction or a Final CO you can find out from the Land Registry website here > https://eservices.landregistry.gov.u...544.1507296708

Do a bit of digging before you decide how to respond.

If the CCJ is a 'forthwith' order (the whole £6k due immediately) not an 'instalment' order then your wife may be able to make an Application for a redetermination to an amount which is affordable which unless she breaks the terms it would be more difficult for the Claimant to enforce.

Don't let that letter spoil your weekend.

Di

Hi. Thanks for you help so far with this.

Based on my additional findings and comments, would you be able to provide further advice as to next steps, whether I proceed with a DMP with stepchange or another course of action with MC?

Thanks
Ds

[Kati]

Re: Mortimer Clarke / Order for sale on property

[MENTION=48934]Debt Camel[/MENTION] may be able to advise on the benefits of a DMP etc ...

[Diana M]

Re: Mortimer Clarke / Order for sale on property

provide further advice as to next steps, whether I proceed with a DMP with stepchange or another course of action with MC?

You may find it makes sense to do a combination of both.

If you've received a letter from Mortimer Clarke threatening you with an Application for an Order for Sale then you should engage with them as a priority to avoid court action.

I can't comment on whether you should proceed with a DMP without knowing a bit more about your wife's other debts.

Di

[Debt Camel]

Re: Mortimer Clarke / Order for sale on property

And I too can't say if a DMP is suitable.

I have no idea what her debts are, what your debts are, how large your mortgage is and how much equity you have, your income and whether there are any benefits that she may be entitled to.

Also how did this debt arise originally, were you aware of that but just not the CCJ? What I would say is that if you have missed a CCJ, you should assume that there may be other things you do not know about your wife's situation... I suggest getting hold of her credit records from all three credit reference agencies as a good start to getting the full picture.

And then talk to StepChange about all your options, including a DMP.