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  • FIRST POST
    • T Mcmahon
    • By T Mcmahon 14th Sep 17, 10:31 AM
    • 2Posts
    • 1Thanks
    T Mcmahon
    Challenging a debt that I didn't know about
    • #1
    • 14th Sep 17, 10:31 AM
    Challenging a debt that I didn't know about 14th Sep 17 at 10:31 AM
    Hi,

    I was hoping someone could help as I'm considering challenging a debt I have unaware of.

    This year I received an attachment of earnings order for £6400 that I challenged and has been under investigation until now as I made a complaint stating I don't know anything about it.

    The end of the investigation concluded that I was issued a CCJ in 2007 which I apparently accepted and offered to pay £200 per month, as no payment has been made Mortimer Clarke Solicitors submitted documents to Doncaster County Court to start off the AOE order. I didn't know about this CCJ and it has apparently been on and dropped off my credit file.

    I've been told the debt was for a credit card with the Yorkshire Bank so requested a copy of the CCA through Cabot Financial, they have provided this and worryingly it is my details on the form however certainly not my signature so I am working on the assumption this must be identity theft, the problem being this is so old I can't prove my whereabouts 10 years ago.
    For them to have my details I am now suspicious this may have been an ex partner that may have registered them in my name however this is a total guess and I have no idea of their whereabouts nowadays to get in touch with them.

    Both Mortimer Clarke and Cabot Financials steer is that letters were sent to me so the debt is mine to pay as they are simply requesting that the CCJ issued is enforced.

    I wrote to Mortimer Clarke and Cabot Financial advising the!timescales in these letters don't correspond with my actual whereabouts as the default notice was sent to an address in 2007 however I moved out of that approx 2005- their response was its my responsibility to keep lenders up to date, the problem being I wasn't aware of any debt to need to keep anyone up to date.

    Due to this being so long ago I'm struggling to get any proof I wasn't living at the accommodation they sent the documents to.

    The one thing I have asked them to clarify is how did they receive acceptance of the payments for the CCJ, was it via phone or in person because if this is identity theft this information could have helped me out. The court advised me they will have received a completed form however this hasn't been kept so I have nothing to work with at all- it seems they're being selective with the documentation they choose to keep which doesn't seem fair at all.

    I am tempted to fill out an N244 form requesting the court set aside the CCJ as I did't know it was issued and everything seems to be so vague but I can't afford at this stage in my life
    for an old CCJ to be reinstated or an attachment of earnings to be sent to my employer as anything like this would compromise my employment with them due to vetting checks being completed when I need to work in different client areas so I'm really not sure what to do.

    My gut feel is that I should continue to challenge and go to court however I don't have much in the way of evidence so would I be better off paying the £6400 due to the risk to my employment? it's a risky thing to challenge but could they realistically expect me to prove my whereabouts 10 years ago and why is it okay for them to dispose of the alleged acceptance form they claim to have received but I have never known of to acknowledge.!

    Any advise people can give would be appreciated.
Page 1
    • sourcrates
    • By sourcrates 14th Sep 17, 11:26 AM
    • 11,943 Posts
    • 11,431 Thanks
    sourcrates
    • #2
    • 14th Sep 17, 11:26 AM
    • #2
    • 14th Sep 17, 11:26 AM
    Hi,

    I have a gut feeling that you may now be stuck with this due to the passage of time.

    Has the court granted the AOE ?

    Normally if enforcement action isn't taken within 6 years, a creditor must go back and seek the courts permission to do so.

    It's so difficult to prove fraud, the odds are heavily stacked against you in this situation.

    See what others may think.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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  • National Debtline
    • #3
    • 14th Sep 17, 11:39 AM
    • #3
    • 14th Sep 17, 11:39 AM
    Hi T Mcmahon

    I can see the challenges you’re facing with this situation. Unfortunately as the CCJ has already been obtained your options are either to accept it or to apply for a set aside.

    A set aside would be where you ask the court to allow the court process to start again, this will cost £255 and if you are unsuccessful you could incur further costs. You would need legal advice on your chances of success in arguing the debt was taken out fraudulently. If you are granted the set aside but then lose your defence a new CCJ will be made and will stay on your credit file for the next 6 years.

    If you accept the debt you could either pay it in full (if this is affordable), or make an offer to pay the debt in instalments. You can request the attachment of earnings order (AEO) is suspended, you have to give reasons for this, for example if you believe your job would be at risk. Either way the CCJ cannot be added back on to your credit file. Good luck with it.

    Susie
    @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
    • T Mcmahon
    • By T Mcmahon 14th Sep 17, 12:45 PM
    • 2 Posts
    • 1 Thanks
    T Mcmahon
    • #4
    • 14th Sep 17, 12:45 PM
    • #4
    • 14th Sep 17, 12:45 PM
    Yes it's the AOE court documents I received initially which is why I disputed this and queried where other letters etc had gone to- they said they tried to enforce it a few years ago but was told I didn't live at the address so they cancelled the instruction and have been checking electoral role details etc since then.

    What frustrates me the most is that they have issued a CCJ to an address at a time I didn't live there, then made reference to me accepting to make payments which I absolutely haven't but they have no information to share with me- I think the evidence should work both ways!

    I'm waiting on a solicitor to get back to me to advise what my chances on challenging are but I agree, it doesn't look great that I can't confirm my previous addresses (or at least I don't think I can- I'm still investigating how)

    I can't afford to pay in full so if the worst comes to the worst I will need to see if Mortimer Clarke will accept monthly payments- being someone who has always had a good payment history it just makes me sick to the stomach that this can happen and I can be blamed so easily.

    I've decided that If I have to pay it then I'll explore being cheeky as I'll finally have something to claim PPI against so at least I may get something back out of this ordeal.
    • macman
    • By macman 14th Sep 17, 2:34 PM
    • 41,290 Posts
    • 16,954 Thanks
    macman
    • #5
    • 14th Sep 17, 2:34 PM
    • #5
    • 14th Sep 17, 2:34 PM
    You haven't taken on board the point that the lender or court is not required to serve paperwork to your current address-only to your last known address. What you think the law should be is not relevant.
    Therefore your only basis for having the CCJ set aside is to prove that identity fraud was responsible.
    No free lunch, and no free laptop
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