Mortimer Clarke Issued Claim (I know nothing about)

[Desperate Dan]

Hi Guys,

Way back I was stupid enough to have a few credit cards and the balances just got larger. In 2004 I took out a loan with the Yorkshire Bank but soon became unable to pay it and I suppose I kind of buried my head in the sand. I am not sure what happened along the way but it ended up with Mortimer Clarke Solicitors and I think they may have obtained a court order against me sometime in the past. I say I think because I simply am not sure. I do not remember receiving anything from them but I recently requested a CCA from them, this has come back with some statements and what looks like fees from a court order.

I have been referred here so cheers in advance, hope someone can help me get a grip on this mess.

DD

[Desperate Dan]

Re: Desperate Dans Diary

YORKSHIRE BANK LOAN
COLLECTED BY MORTIMER CLARKE SOLICITORS
TAKEN OUT 2004
LAST PAID MARCH 2012
BALANCE £6046.25

Recently sent CCA request, CCA receieved 07.06.12 (uploaded details to niddy)

[Desperate Dan]

Re: Desperate Dans Diary

Hi, as mentioned above I have received the CCA back but I assume if they already have a court order against me this will be irrelevant anyway.

I had been paying them £80 per month but I can no longer afford this as my daughter is nearly a year old and my partner has been unable to go back to work, Mortimer Clarke are now threatening to attach my earnings but we can barely scrape by as it is. Any advice on what to do next would be much appreciated.

DD

[helmsman]

Re: Desperate Dans Diary

Hi, as mentioned above I have received the CCA back but I assume if they already have a court order against me this will be irrelevant anyway.

I had been paying them £80 per month but I can no longer afford this as my daughter is nearly a year old and my partner has been unable to go back to work, Mortimer Clarke are now threatening to attach my earnings but we can barely scrape by as it is. Any advice on what to do next would be much appreciated.

DD

Hi,
Welcome to the best forum, someone will be along shortly to offer support so try not to worry to much the help here is the best.
All the best.

[pooksthebear]

Re: Desperate Dans Diary

Hi,
Welcome to the best forum, someone will be along shortly to offer support so try not to worry to much the help here is the best.
All the best.

I couldnt agree more Helmsman. I dont know where I would be without the guys on here, the support has been amazing.

[MrsD]

Re: Desperate Dans Diary

Morning Dan

Ok it does sound as if they have a CCJ for this debt, did you get the necessary paperwork from the court?
Did you have an opportunity to defend and go to the court?
How did you start paying, did you just get a letter from these solicitors demanding 80 quid or did the court set the payment and were you party to negotaiations, ie did you supply the court with an I&E?

Lots of questions but it's better to know the full detail so that we can help.

[Undercover Elsa]

Re: Desperate Dans Diary

Hi Desperate Dan,
Welcome to AAD

As Evenlessdopey says, we just need a bit more info to help.

Do you know if Yorkshire Bank still own the account...do Mortimer's refer to them as our client?

If you want to find out about the CCJ and think it may have been issued within the last 6 years, you can do a search for the details (Court/case number etc) at Trust Online. It's instant and costs £4.
Check the registers for your CCJ, judgment and fine records - Trust Online
If it's longer than 6 yrs you might need to send a Subject Access Request to the owner of the debt at the time, for all the info they hold on you, in order to get to the bottom of it.

Once you get the court details & case number you can, if necessary, then apply to the court for a copy of the documentation. You'll also need the case number to apply for a reduction in instalments (see below)
Whether the court originally made an instalment order, or it was an informal arrangement by the solicitors, if you cannot afford the repayments you can apply to the court for a variation or determination.

Other options include submitting a formal I&E, signed off by a registered Debt Management Company, to the Solicitors who would then take a request for reduction more seriously. We can refer you to our own excellent in house DMP guy if required
So, don't worry...lots of solutions, depending on the circumstances.

Shep x


PS: It's quite unusual for them to respond to a CCA request once a CCJ has been issued, as the CCJ, in effect, becomes the "new agreement" and they're under no obligation to supply it under s77-79 CCA, afaik?

[Never-In-Doubt]

Re: Desperate Dans Diary

Someone needs to put A stop to the way YB/MCL (and Marlins for that matter) behave.

I'm going to start a mass petition across all active forums for abused people to complain via super complaint via Which?

These twats also raped a close friend of mine (Mrs G on here) by serving papers to a known incorrect address. The horrors are in my thread plus another similar story came to light so now that's 7 of us on this small forum with judgments against us - we ought to take them down and play dirty.

I'll post back with details next week.

[Desperate Dan]

Re: Desperate Dans Diary

Morning Dan

Ok it does sound as if they have a CCJ for this debt, did you get the necessary paperwork from the court?
Did you have an opportunity to defend and go to the court?
How did you start paying, did you just get a letter from these solicitors demanding 80 quid or did the court set the payment and were you party to negotaiations, ie did you supply the court with an I&E?

Lots of questions but it's better to know the full detail so that we can help.

Hello Evenless,

No I do not remember getting any paperwork from the court at all. I started paying through an agreement made over the phone.

I was living with my grandad, moved a couple of times then went back to my grandads. I did not pay them anything from 2007 to 2008 and then paid in dribs and drabs. I then met my partner and we moved in together. My grandad was receiving lots of doorstep threat letters so I paid them some money and gave them my new address.

I started paying them £80 a month from sometime in 2010 until Feb 2011 when I stopped paying because my partner was pregnant and we could not afford to pay that and buy for the baby. We started paying again in November 2011 but they then sent me an I and E form and demanded I completed it with all income. I included our Child Benefit, Child Tax Credits and my partner's maternity pay. They then demanded £100 per month (or they would attach my earnings) as they said we had surplus income. I stupidly did not put down all our expenses on the form as both me and my partner had no idea what to put. We had to stop paying as we could no longer afford £50 let alone £100.

The only reason I thought there was a ccj is because on the statement they sent me (which I have uploaded to Niddy), they have added a court fee on, yet oddly they have taken some lump sum amount off the balance so the balance is virtually the same as it was before the mysterious court fee.

[Desperate Dan]

Re: Desperate Dans Diary

Hi Desperate Dan,
Welcome to AAD

As Evenlessdopey says, we just need a bit more info to help.

Do you know if Yorkshire Bank still own the account...do Mortimer's refer to them as our client?

If you want to find out about the CCJ and think it may have been issued within the last 6 years, you can do a search for the details (Court/case number etc) at Trust Online. It's instant and costs £4.
Check the registers for your CCJ, judgment and fine records - Trust Online
If it's longer than 6 yrs you might need to send a Subject Access Request to the owner of the debt at the time, for all the info they hold on you, in order to get to the bottom of it.

Once you get the court details & case number you can, if necessary, then apply to the court for a copy of the documentation. You'll also need the case number to apply for a reduction in instalments (see below)
Whether the court originally made an instalment order, or it was an informal arrangement by the solicitors, if you cannot afford the repayments you can apply to the court for a variation or determination.

Other options include submitting a formal I&E, signed off by a registered Debt Management Company, to the Solicitors who would then take a request for reduction more seriously. We can refer you to our own excellent in house DMP guy if required
So, don't worry...lots of solutions, depending on the circumstances.

Shep x


PS: It's quite unusual for them to respond to a CCA request once a CCJ has been issued, as the CCJ, in effect, becomes the "new agreement" and they're under no obligation to supply it under s77-79 CCA, afaik?

Hello Shep,

All the letters refer to 'our clien' so I presume it is still owned by the Yorkshire Bank. I do not know if/when a CCJ may have been issued so unclear if under or over 6 years. The original debt is from 2004, I did not pay anything for a whole year between 2007 and 2008 but in that time I did not receive any court papers that I can remember.

[Desperate Dan]

Re: Desperate Dans Diary

Someone needs to put A stop to the way YB/MCL (and Marlins for that matter) behave.

I agree. I was not happy at them insisting I include all my partner's income and even the baby's child benefit and child tax credit when they were assessing how much I had to pay. It is my debt alone and therefore unfair that this should impact on my partner's income (which was only £128 per week maternity pay anyway). Now she is no longer working its a struggle to say the least.

I have uploaded the CCA they sent me and a statement of account for you to have a look at. Looks like there may be a page missing but this is all they sent me.

Cheers

[Never-In-Doubt]

Re: Desperate Dans Diary

Have they definitely 100% obtained judgment (by default)? Have you checked trust online?

[MrsD]

Re: Desperate Dans Diary

Ok DD

I think the first thing you need to do is find out if you have a CCJ for this.

It's not unusual for solictors names to be used in debt collection, some solicitors (the bottom feeders) allow their letterheads to be used for this purpose.

I think you can go to Trust Online and enter your details and the account details and it will tell you if there is a CCJ.

You need to find this out.

If there is not CCJ you need to come back and we can defintiely sort out these eejits. But you need to find that out first

PS I think there is a small fee for this info from Trust Online but worth spending it, it could save you a lot in the long run.


Edit Great minds and all that!!!

[Desperate Dan]

Re: Desperate Dans Diary

Have they definitely 100% obtained judgment (by default)? Have you checked trust online?

Hello Niddy,

No I have not checked trust online yet. Would I need to just put my name and date of birth and it will tell me? I have absolutely no idea when this may have been (if they have got a judgement against me) will this matter?

The reason I suspected they have is because of the court and legal fees on the statement they have sent (uploaded to document database)

Cheers

[Never-In-Doubt]

Re: Desperate Dans Diary

---> CCJs, court orders & fines - Search yourself and others - Trust Online