Mortimer Clarke Letter

[wtknsk]

Help!
I have received a letter from Mortimer Clarke, their client Marlin Capital Europe.
Our client obtained a judgement against you on 6/12/13 ( Have checked trust online and they there is a judgement ). Because you have failed to pay the judgement debt in accordance with the terms of the judgement, our client is now entitled to take action to enforce the judgement order against you. Our client has instructed us to apply to the County Court for an Attachment of Earnings order to be made against you.

What should I do please?

[julian]

Re: Mortimer Clarke Letter

Is this your debt? Have you ever had a credit card that could have been sold to Marlin? What details have they sent you?

Is this the first you knew about the debt and the court case? If so you can appeal even at this stage, 1 1/2 years on.

If you have just buried your head in the sand, and ignored the court claim and judgement then you should prepare yourself to discuss your options. Gather the information you have for someone to help you.

[wtknsk]

Re: Mortimer Clarke Letter

How do I find out who made the judgement?
I mean, who was the original lender?

[PlanB]

Re: Mortimer Clarke Letter

Hello wtknsk and to AAD.

Is this the first time you've discovered you have a CCJ from Marlin?

If so that suggests you may not have received the original court summons nor the judgement afterwards. Have you moved address since then and now Mortimer Clarke have traced you to your new home?

If you can demonstrate that you didn't receive the summons, that the creditor knew your address for service at the time, and that you would have had reasonable prospects of success if you'd had the opportunity to defend the claim, then you may be able to apply for the CCJ to be set-aside.

How much is the claim and who was the original creditor? If you don't know that information it'll be on the Particulars of Claim which form part of the Claim Form (a copy can be obtained from the court). You can contact the court named on Trustline and ask for a copy of the Claim Form and the subsequent CCJ if this is news to you.

Let us have a little more information as to the background and we'll take it from there.

Plan B x

[wtknsk]

Re: Mortimer Clarke Letter

I'm assuming this was a credit card debt originally as I did get myself into a bit of a mess financially after an unwise investment.
Am guessing that as i've not changed address for a long time, I must have received the CCJ but don't recall it. Trust Online states the CCJ is for £14k.

[julian]

Re: Mortimer Clarke Letter

Do as PlanB says. As the court on the Trust Online report for details of the claim and the claimant. The amount will have been inflated with interest, costs and fees. Marlin buy debts off creditors, so it may not be what you at first think.

Before you get a CCJ you would /should have received various letters form the creditor or their solicitor including Letter before Action (LBA) to warn you they will be taking action; a N1 Court Claim form, from Northampton County Court probably, stating the name of the claimant and the amount etc; then if you did not respond,the Court Judgement. These would have been sent to the address as stated on Trust Online.

So if you did not receive any such letters, could they have been delivered to or picked up by someone else, or has there ever been problems with postal deliveries? or were you working away, in hospital etc?

[julian]

Re: Mortimer Clarke Letter

sorry should read Ask the court......

I can't accept an Edit, darn it!

[PlanB]

Re: Mortimer Clarke Letter

I'm assuming this was a credit card debt originally as I did get myself into a bit of a mess financially after an unwise investment.
Am guessing that as i've not changed address for a long time, I must have received the CCJ but don't recall it. Trust Online states the CCJ is for £14k.

Can you let us know what happened with this issue.

Mortimer Clarke solicitors were threatening you with an Attachment of Earnings order in relation to a CCJ which you didn't know you had.

Since it was (possibly) for £14k you want to avoid a charging order so post an update to see if we can help you further.

Plan B x

[Never-In-Doubt]

Re: Mortimer Clarke Letter

I'm assuming this was a credit card debt originally as I did get myself into a bit of a mess financially after an unwise investment.
Am guessing that as i've not changed address for a long time, I must have received the CCJ but don't recall it. Trust Online states the CCJ is for £14k.

any update?