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  • FIRST POST
    • Mart34
    • By Mart34 19th Apr 17, 10:57 PM
    • 126Posts
    • 13Thanks
    Mart34
    Mortimer Clarke
    • #1
    • 19th Apr 17, 10:57 PM
    Mortimer Clarke 19th Apr 17 at 10:57 PM
    Hi

    I have been issued with a CCJ from Northampton county court. After weeks of dealing with Mortimer Clarke who I've told time and time again I'm in financial difficulty yet refuse to accept my offer of weekly payment.

    I now have this CCJ which needs to be dealt with, but I've not got the funds to clear the debt in 1 lump sum. What can I do if anything. I have sent another offer of payment to Mortimer Clarke who are named as the company I need to make payment too.

    I'm starting to get really worried that i'm going to have Bailiffs knocking on my door. Even after trying to resolve this issue with a company that seem to have no interest in listening to offers.
Page 1
    • sourcrates
    • By sourcrates 19th Apr 17, 11:20 PM
    • 11,153 Posts
    • 10,825 Thanks
    sourcrates
    • #2
    • 19th Apr 17, 11:20 PM
    • #2
    • 19th Apr 17, 11:20 PM
    Don't panic, just fill in the court paperwork and make the same offer via the court, they won't expect you to pay more than what's affordable.

    You will get the CCJ though, but I think that was inevitable anyway.

    Legal beagles is the place to ask :

    http://legalbeagles.info
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 20th Apr 17, 6:17 AM
    • 10,934 Posts
    • 8,149 Thanks
    fatbelly
    • #3
    • 20th Apr 17, 6:17 AM
    • #3
    • 20th Apr 17, 6:17 AM
    Mart - are you saying you have got the judgement, or the court claim? Sourcrates has assumed the latter but it sounds to me like you may have a bit of paper saying 'judgement in default' and requiring 'payment forthwith'.

    Can you clarify?

    Other useful info would be - roughly how much is it for, and what sort of debt is it (loan, credit card etc)?
    • Mart34
    • By Mart34 20th Apr 17, 7:10 AM
    • 126 Posts
    • 13 Thanks
    Mart34
    • #4
    • 20th Apr 17, 7:10 AM
    • #4
    • 20th Apr 17, 7:10 AM
    Hi
    I received a letter from Mortimer Clarke stating they had successfully claimed a CCJ, and a letter from the court stating payment must be made within 30 days. The court paperwork does have 'forthwith' written on it.

    I have been struggling to get on top of everything and have seemed to come up against a brick wall when trying to deal with this.

    The debt is for an old Catalogue with JD Williams. Which I was paying back but fell into deeper financial difficulties.
    • Mart34
    • By Mart34 20th Apr 17, 7:28 AM
    • 126 Posts
    • 13 Thanks
    Mart34
    • #5
    • 20th Apr 17, 7:28 AM
    • #5
    • 20th Apr 17, 7:28 AM
    The debt is for £503
    • sourcrates
    • By sourcrates 20th Apr 17, 9:43 AM
    • 11,153 Posts
    • 10,825 Thanks
    sourcrates
    • #6
    • 20th Apr 17, 9:43 AM
    • #6
    • 20th Apr 17, 9:43 AM
    Hi
    I received a letter from Mortimer Clarke stating they had successfully claimed a CCJ, and a letter from the court stating payment must be made within 30 days. The court paperwork does have 'forthwith' written on it.

    I have been struggling to get on top of everything and have seemed to come up against a brick wall when trying to deal with this.

    The debt is for an old Catalogue with JD Williams. Which I was paying back but fell into deeper financial difficulties.
    Originally posted by Mart34
    Ah, ok, in that case you need to apply to the court to change the judgement to an installment order.

    There are a number of ways to do this, there's some info here :

    https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

    But I would call National Debtline to see with method would apply to my situation.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Mart34
    • By Mart34 20th Apr 17, 2:49 PM
    • 126 Posts
    • 13 Thanks
    Mart34
    • #7
    • 20th Apr 17, 2:49 PM
    • #7
    • 20th Apr 17, 2:49 PM
    Thanks for the link I will check it out shortly. 1 thing that has confused me is the letter I received from Mortimer Clarke has a income and expenditure form accompanying it

    I have tried and tried to make an arrangement with them but always seem to come up against a brick wall
    • sourcrates
    • By sourcrates 20th Apr 17, 2:51 PM
    • 11,153 Posts
    • 10,825 Thanks
    sourcrates
    • #8
    • 20th Apr 17, 2:51 PM
    • #8
    • 20th Apr 17, 2:51 PM
    Thanks for the link I will check it out shortly. 1 thing that has confused me is the letter I received from Mortimer Clarke has a income and expenditure form accompanying it

    I have tried and tried to make an arrangement with them but always seem to come up against a brick wall
    Originally posted by Mart34
    That's most people's experience with companies of this nature unfortunately.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Mart34
    • By Mart34 20th Apr 17, 3:24 PM
    • 126 Posts
    • 13 Thanks
    Mart34
    • #9
    • 20th Apr 17, 3:24 PM
    • #9
    • 20th Apr 17, 3:24 PM
    Now i'm even more confused!!, Got home from work today to find another letter from Mortimer Clarke, which says (word for word)

    'As we received no response to the claim via the documentation provided by the court, we have entered Judgement forthwith. Alternatively, please complete and return the enclosed income and expenditure form so that our client can assess your financial situation'.

    So am I now right in thinking they are happy to make an arrangement on a weekly basis, which has been offered all along, before it even went to court?
    • StopIt
    • By StopIt 20th Apr 17, 3:39 PM
    • 670 Posts
    • 614 Thanks
    StopIt
    Now i'm even more confused!!, Got home from work today to find another letter from Mortimer Clarke, which says (word for word)

    'As we received no response to the claim via the documentation provided by the court, we have entered Judgement forthwith. Alternatively, please complete and return the enclosed income and expenditure form so that our client can assess your financial situation'.

    So am I now right in thinking they are happy to make an arrangement on a weekly basis, which has been offered all along, before it even went to court?
    Originally posted by Mart34

    What were you offering before they escalated this to court?


    Maybe they thought that you were not offering what you could pay and decided a CCJ would be better? Usually these guys don't go through this hassle if you've made an offer of payment as the courts generally wont make you pay more than you can afford so something is amiss with this guys this time.
    • Mart34
    • By Mart34 20th Apr 17, 4:30 PM
    • 126 Posts
    • 13 Thanks
    Mart34
    Whilst I struggling financially I was offering £2.50 per week, which is not a massive amount I know but at the time It was comfortable and kept them quiet.

    I emailed them yesterday, baring in mind I have had a slight improvement in my financial status. And Offered £5 per week, with a view to increase further in 3 months, when I expect my financial status to have improved.

    Having received this letter today should I respond to it by post or should I await a response from the email I sent them last night?
    • sourcrates
    • By sourcrates 20th Apr 17, 4:34 PM
    • 11,153 Posts
    • 10,825 Thanks
    sourcrates
    Whilst I struggling financially I was offering £2.50 per week, which is not a massive amount I know but at the time It was comfortable and kept them quiet.

    I emailed them yesterday, baring in mind I have had a slight improvement in my financial status. And Offered £5 per week, with a view to increase further in 3 months, when I expect my financial status to have improved.

    Having received this letter today should I respond to it by post or should I await a response from the email I sent them last night?
    Originally posted by Mart34
    Never a good idea to speak to these people on the phone.

    Enything to do with money, debt or legalities, should be served in writing, so you know what has been agreed, and also to keep as evidence.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
  • National Debtline
    Hi Mart

    I recommend applying to court for an instalment order as sourcrates suggested earlier. This is because even if you informally agree a payment plan Mortimer Clarke, you will still be in default of the CCJ if you don’t pay within 30 days, and Mortimer Clarke could opt to use enforcement at any point.

    Once the court makes an instalment order the claimant can’t use any enforcement as long as you keep up with the payments.

    You’ll need to apply to vary the judgement on court form N245 if you didn’t reply to the original claim form. There are more detailed instructions on the factsheet sourcrates linked to. There’s a fee of £50 unless you qualify for fee remission.

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Mart34
    • By Mart34 20th Apr 17, 6:11 PM
    • 126 Posts
    • 13 Thanks
    Mart34
    I don't have £50 to pay a fee to have the court, I'm barely managing to cover living costs.

    The letter I received today from Mortimer Clarke suggests that they are willing to look at my income and expenditure and come to an agreement with me in regards to clearing the debt.
    • sourcrates
    • By sourcrates 20th Apr 17, 6:19 PM
    • 11,153 Posts
    • 10,825 Thanks
    sourcrates
    I don't have £50 to pay a fee to have the court, I'm barely managing to cover living costs.

    The letter I received today from Mortimer Clarke suggests that they are willing to look at my income and expenditure and come to an agreement with me in regards to clearing the debt.
    Originally posted by Mart34
    Yes but they can change there mind at any time, much better to go via the courts and rubber stamp it.

    If you don't have the fee you may qualify for fee remission, at least look into the process.

    Info here :

    https://www.gov.uk/get-help-with-court-fees

    N245 application form here :

    http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=486
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Mart34
    • By Mart34 20th Apr 17, 6:45 PM
    • 126 Posts
    • 13 Thanks
    Mart34
    Yes that's true. I really appreciate your advice. And I will have a read through the links you have provided.
    • fatbelly
    • By fatbelly 20th Apr 17, 6:52 PM
    • 10,934 Posts
    • 8,149 Thanks
    fatbelly
    Whilst I struggling financially I was offering £2.50 per week, which is not a massive amount I know but at the time It was comfortable and kept them quiet.

    I emailed them yesterday, baring in mind I have had a slight improvement in my financial status. And Offered £5 per week, with a view to increase further in 3 months, when I expect my financial status to have improved.

    Having received this letter today should I respond to it by post or should I await a response from the email I sent them last night?
    Originally posted by Mart34
    There's no need to offer to increase this. £5 per week (maybe £20 per month would be better) clears this in 2 years which is more than reasonable and would cause no problem with the court, as long as your income/expenditure justified it.

    You may be able to get off the court fee when you submit your N245

    EX160

    EX160a
    • StopIt
    • By StopIt 21st Apr 17, 8:00 AM
    • 670 Posts
    • 614 Thanks
    StopIt
    I don't have £50 to pay a fee to have the court, I'm barely managing to cover living costs.

    The letter I received today from Mortimer Clarke suggests that they are willing to look at my income and expenditure and come to an agreement with me in regards to clearing the debt.
    Originally posted by Mart34

    You may be able to get that fee sorted, so hopefully the links Sourcrates has linked can help.


    As stated, the courts have the power to "call off the attack dogs" so to speak and as long as you stick to any enforced payment plan by them, no further action can be taken. If you agree with a plan with these DCA/Lawyers, they can tear it up at any point.


    Good luck.
    • Mart34
    • By Mart34 21st Apr 17, 10:02 AM
    • 126 Posts
    • 13 Thanks
    Mart34
    When submitting the form to the court, does the fee need to paid up front? Or do I submit everything then if I have to pay a fee then make payment before they do anything
    • sourcrates
    • By sourcrates 21st Apr 17, 10:22 AM
    • 11,153 Posts
    • 10,825 Thanks
    sourcrates
    When submitting the form to the court, does the fee need to paid up front? Or do I submit everything then if I have to pay a fee then make payment before they do anything
    Originally posted by Mart34
    Apply for both at the same time, and submit to the court.

    They will write and let you know if any fee is to be paid.

    If you have to pay the full fee, or part of it, i would suggest you make it a priority payment, just to avoid further hassle from them.

    Did you check the criteria for fee remission ?
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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