Default Gone But Threatening CCJ

[mrneedshelp]

Hi,

I was paying a default which has now dropped of my credit file so I stopped making payments towards it. I have received a letter from Mortimer Clarke Solicitors saying if I don't make payment arrangements they will apply for a CCJ!

Can this happen should I start a payment arrangement on it again?

Thanks in advance

[echat11]

If they've given a respond by date, email them requesting 30 days as you are
seeking further information and advice.

When was the account opened?

What type of debt is it?

Have you requested a copy of the agreement?

[mrneedshelp]

They have given me 7 days to respond or setup my repayments so I'll drop them an email asking them for 30 days.

It was a credit card opened in 2017 and defaulted in 2019, I have not requested anything from them I just started paying the default a couple of years ago but stopped now as it's dropped of my report.

[mrneedshelp]

It was with Cabot financial but got passed to Mortimer clarke

[echat11]

It was with Cabot financial but got passed to Mortimer clarke

Yes, send Mortimer Clarke a letter asking for more time.

It's still with Cabot, Mortimer Clarke are solicitors.

Send a CCA request to Cabot. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

Send a SAR request to the original Creditor, see what they send. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

[PallasAthena]

We need some clarity on the timeline here please.

Has a CCJ previously been issued against you?

When did the account default (month/year)?

If no CCJ have you been making voluntary payments to reduce the debt? When did you last make a payment?

[mrneedshelp]

The account defaulted May 2019 so the default has now dropped off my credit report. I have not had a CCJ for this debt just the default which I have being paying until April 2025.

[mrneedshelp]

The letter says...

if youdon't make contact or make payments we will apply for a CCJ
To avoid legal action and costs you need to make a payment.

Talk to us within the next 7 days to discuss your options and be debt free quicker.

Letter dated 19/5 but on received it 28/5.

[echat11]

The letter says...

if youdon't make contact or make payments we will apply for a CCJ
To avoid legal action and costs you need to make a payment.

Talk to us within the next 7 days to discuss your options and be debt free quicker.

Letter dated 19/5 but on received it 28/5.

They can't just apply for a CCJ,

They have to make a claim,
You can lodge a Defence,
The Court sends a Directions Questionnaire,
You have the opportunity of Mediation,
You exchange Witness Statements,
There is a Hearing / a Judgement,
The only way you get a CCJ is if you ignore the Judgement.

All this takes time.

[mrneedshelp]

Ok so in the meantime shall I do what you suggested send CCA and a sar? Or just ignore and see what happens?

[mrneedshelp]

I could also start small payments again this would stop anything I guess. Not sure what to do.

[echat11]

Ok so in the meantime shall I do what you suggested send CCA and a sar? Or just ignore and see what happens?

Yes, send CCA and SAR, make sure you get Proof of Postage.