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  • Mortimer and Clark CCJ

    Please help I defaulted on a Tesco credit card with I took out in 2001 . This is not even on my credit file anymore. Today I have recieved CCJ papers . What can I do

  • #2
    Originally posted by floppy29 View Post
    Please help I defaulted on a Tesco credit card with I took out in 2001 . This is not even on my credit file anymore. Today I have recieved CCJ papers . What can I do

    If Mortimer Clarke are the solicitors (your thread title) would I be correct in thinking that Cabot now own the debt and they are the Claimant?

    Have you ever sent a s 77 - 79 CCA Request to the current owner, because that may be the next step once I know a little bit more about the claim.

    When was the last time you paid anything towards this old Tesco credit card? If it's not showing on your credit file that should mean it was defaulted more than six years ago because the whole file would be removed from the CRA files six years to the day it was added. But could you have made payments after it was defaulted through a Debt Collection Agency or via DMP

    Di

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    • #3
      When you say you have received CCJ papers? was this just out of the blue or have you had contact about this account since 2001
      To be able to help we need a bit of information on what has happened since then
      Who was it passed to to collect? Has it been sold? who is the owner of the account Now? is there a link to this account on a diary on here?
      May I suggest you contact Diana Mayhew, you can PM her by clicking on her account link or email her at. di@joannaconnollysolicitors.co.uk
      she will be able to point you in the right direction

      OK Di was on the ball x
      Last edited by nightwatch; 23 May 2018, 15:28. Reason: Sorry Di beat me to it xx
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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      • #4
        Originally posted by nightwatch View Post
        May I suggest you contact Diana Mayhew, you can PM her by clicking on her account link or email her at. di@joannaconnollysolicitors.co.uk
        she will be able to point you in the right direction

        OK Di was on the ball x



        Di


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        • #5
          Yes I think Cabot do own the debt now by looking at the paper work, and yes the are the claiment. I haven't paid anything against this card for 6-7 years it was removed from my file about 7-12 months ago. Thank you for your quick response it's really appreciated. I have had no contact with Cabot apart from the letter I uploaded which it dated from March, then today I received the CCJ paperwork.

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          • #6
            I have uploaded a copy of the credit agreement that came with the letter in march

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            • #7
              Originally posted by floppy29 View Post
              I have uploaded a copy of the credit agreement that came with the letter in march

              I wouldn't upload any documents on the forum in order to protect your identity, but I'm happy to take a look at them for you. My email address is in my signature.

              Di

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              • #8
                Originally posted by floppy29 View Post
                I haven't paid anything against this card for 6-7 years it was removed from my file about 7-12 months ago.

                Then there's hope it may be Statute Barred depending on when it was defaulted and/or whether you unwittingly acknowledged the debt somehow afterwards.


                Di

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                • #9
                  I have emailed you.

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                  • #10
                    Originally posted by floppy29 View Post
                    I have emailed you.

                    And I've replied

                    You have 19 days from the claim Issue Date to file your Acknowledgement of Service stating that you intend to defend all of the claim. And then you have 33 days from the claim Issue Date to file your Defence.

                    You're at the research stage at the moment so a Subject Access Request to Tesco to get the full history of the account will be your next step. It will be free from Friday (no more £10) so wait until then.

                    Di

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