Mortimer Clarke threatening a ccl help

[lman]

Hi

I’ve received a letter from Mortimer Clarke stating they will apply for a CCJ against me in 21 days. Dated 15 March. The debt is for an Aqua card and was originally pursued by Cabot financial which I (stupidly) ignored.

it has been a long time since I had an aqua card. 2016. So I have made no contact or payments for 8 years. There’s also no ref on my credit report (I’ve applied to the stat one but waiting for it to come in the post).

can they collect this debt, and also what are my next steps? I’m visiting citizen advice bureau tmw but I’ve seen mcs reported on theee forums too and would really appreciate the advice. I was basically a train wreck in my twenties and have got myself back on an even keel including paying off many debts from that time. I’m just confused at how a company I’ve never heard of can suddenly start chasing something from 8 years ago.

ta

[echat11]

Hi LMan

Welcome to LB

Have you received a Court claim and Judgement against you for the debt?

If not the debt is Statuted Barred.

[lman]

Thanks for getting back to me. I did pay to look if there were any ccj’s on my old address There were none plus no record on my credit report so I assume the answer is no Re CCJ.

The exact wording on the letter is:

“if you don’t contact us within 21 days, we’ll get ready to take legal action. This means we’ll apply for a county court judgement against you.”

now, I’ve worked hard to get my credit (and life) back on track to a point where I’m preparing to get a mortgage etc in the next few years. I’m pretty worried that a CCJ will ruin that work.

Should I contact them, or just let the time run out? If I should contact them what exactly should I say?

thanks for all your help.

[echat11]

It sounds like they haven't taken any legal action against you, but then imply they will try to get a CCJ.

The process to get a CCJ against anyone would be.

They make a claim against you, you would defend it or accept it, maybe Mediation, Witness Statement, Hearing and Judgement.
If the Judgement goes against you, and you ignore it, then they can apply for a CCJ.

I would send them a Statute Barred letter, make sure you get Proof of Postage. See what they comeback with.

https://legalbeagles.info/forums/for...ed-debt-letter

Update the thread when they do.

[lman]

Thank you for your timely and informative reply. I will send the letter and update when they get back.

thanks again

[lman]

Hi,

So I sent the letter and I have now received a response. The following text has been received:

You have alleged that the debt is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. This debt was terminated on 31/10/2018.

However, section 29(5) of the Limitation Act 1980 states:

"....Where any right of action has accrued to recover...any debt or other liquidated pecuniary claim...and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment."

So I may need someone to translate this. But I have no records of contact from me, or acknowledgment for the above at all. And this is true all the way back to 2016. Is a default not the "cause of action" and what is the difference between debt termination and cause of action?

Any help would be very much appreciated. There's a few more bits RE an income expenditure form and the agreement number. let me know if you need that.

[echat11]

Hi,

So I sent the letter and I have now received a response. The following text has been received:

You have alleged that the debt is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. This debt was terminated on 31/10/2018.

However, section 29(5) of the Limitation Act 1980 states:

"....Where any right of action has accrued to recover...any debt or other liquidated pecuniary claim...and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment."

So I may need someone to translate this. But I have no records of contact from me, or acknowledgment for the above at all. And this is true all the way back to 2016. Is a default not the "cause of action" and what is the difference between debt termination and cause of action?

Any help would be very much appreciated. There's a few more bits RE an income expenditure form and the agreement number. let me know if you need that.

I think they've made an error, they meant to state 'this account was defaulted (cause of action) on 31/10/2018.

You've stated that 2016, they are saying 2018. They can't be trusted on getting the facts right.

Send them a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/