Cabot/mortimer clarke

[Martyw3442]

Hi everyone..great forum!
I had some correspondence from mortimer clarke regarding an old debt with cabot (this debt is now statute barred), I ignored all the letters and found out that that they had issued me with a CCJ for a statute barred debt. They claim that I made a payment in 2012 which I've disputed and sent them a copy of my bank statement showing that I made no payment at all. I am.currently waiting for m.c to get proof of this payment and in the meantime I'm getting bailiffs knock.at the door for a copy of earnings form even though m.c have said this case is currently frozen while they await docs from cabot.
I have definitely not made any payments within the last 7 years so can they issue a CCJ for that?
Can someone please advise on what letter/s I send them to fight back?
Any help would be greatly received....thanks

[Amethyst]

Re: Cabot/mortimer clarke

To get a CCJ Mortimer Clarke had to issue a court claim ( via the court) and you to either fail to respond, defend or admit and offer to pay. It seems like you didn't get the original court claim ? or ignored it .... and they obtained a judgment by default. In that case the CCJ would need to be challenged through the court by applying to the court and asking them to set aside the Judgment as you have a reasonable prospect of success in defending the claim. It has already gone to enforcement though so you might have a job convincing them to set it aside and may be better off asking the court to suspend the warrant of control (suspend the enforcement ) and vary the judgment order to allow you to pay by installments.

How long ago did you find out about the CCJ ?
When was the original claim form issued ?
When was your last payment/acknowledgement of the debt before the CCJ ?
And what is the original debt ? ( credit card ? loan ? etc )

[Martyw3442]

Re: Cabot/mortimer clarke

Thanks amethyst
I found out about the CCJ about 2 months ago
Not sure on the original claim form..approx 11 years ago
Last payment was around 10 years ago and the original debt was for a credit card

[Amethyst]

Re: Cabot/mortimer clarke

Thanks, I forgot to ask how much it was for - approx ?

[Martyw3442]

Re: Cabot/mortimer clarke

It's for £7500

[Martyw3442]

Re: Cabot/mortimer clarke

Is there a form I can send them?