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  • FIRST POST
    • Mid Mike
    • By Mid Mike 10th Oct 17, 11:59 PM
    • 4Posts
    • 0Thanks
    Mid Mike
    Mortimer Clarke
    • #1
    • 10th Oct 17, 11:59 PM
    Mortimer Clarke 10th Oct 17 at 11:59 PM
    Hi, I received a letter from Mortimer Clarke a few months ago (June I think) saying I owed their client ME III Ltd £1687.16. I had no idea who this ME III was nor had I had any communication from them. I wrote to Mortimer Clarke saying I had no idea of this client of theirs and could they provide me with copies of any agreements relating to this debt. I had a letter back saying that any further action was suspended while they awaited the documentation. I heard nothing until another letter arrived from M.C on October 7 2017. The letter is dated 2 October 2017. In it they say that the debt relates to a hire purchase agreement with Black Horse Ltd entered into on 25/09/2006, terminated on 05/06/2013. The debt was then assigned to our client ME III Ltd on 01/10/2015. They have included the original agreement, Statement of Account & Default Notice. They then say "We can confirm the balance on your account is £1687.16 and is valid until 02/10/2017. My question is this debt still enforceable if it was only valid to 02/10/2017 (which was also the date of the letter) & bearing in mind I received it in the post on 07/10/2017? I also suffer with anxiety & depression & am on medication from my GP for it so really hope this can be sorted. Sorry for the long post!
Page 1
    • Bedsit Bob
    • By Bedsit Bob 11th Oct 17, 12:34 AM
    • 9,833 Posts
    • 51,612 Thanks
    Bedsit Bob
    • #2
    • 11th Oct 17, 12:34 AM
    • #2
    • 11th Oct 17, 12:34 AM
    Prior to writing to to Mortimer Clarke, when did you last acknowledge the debt in writing, or make a payment to the debt?
    My job is Top Secret. Even I don't know what I'm doing.

    Amount I have so far denied the BBC - £1161
    • Mid Mike
    • By Mid Mike 11th Oct 17, 1:05 AM
    • 4 Posts
    • 0 Thanks
    Mid Mike
    • #3
    • 11th Oct 17, 1:05 AM
    • #3
    • 11th Oct 17, 1:05 AM
    The last payment was to Black Horse on 15/07/2013. The original loan was for a car purchase, I have checked for outstanding finance & it's showing as clear.
    • Bedsit Bob
    • By Bedsit Bob 11th Oct 17, 1:30 AM
    • 9,833 Posts
    • 51,612 Thanks
    Bedsit Bob
    • #4
    • 11th Oct 17, 1:30 AM
    • #4
    • 11th Oct 17, 1:30 AM
    The last payment was to Black Horse on 15/07/2013.
    Originally posted by Mid Mike
    And prior to that?

    Has there, at any time, been a continuous period of 6 years (5 if you are in Scotland), during which no payment/acknowledgement took place?
    My job is Top Secret. Even I don't know what I'm doing.

    Amount I have so far denied the BBC - £1161
    • Mid Mike
    • By Mid Mike 11th Oct 17, 8:46 AM
    • 4 Posts
    • 0 Thanks
    Mid Mike
    • #5
    • 11th Oct 17, 8:46 AM
    • #5
    • 11th Oct 17, 8:46 AM
    I had made payments up to 15/07/2013 but nothing since. They have not supplied any paperwork relating to ME III Ltd the only information I have is relating to Black Horse.
    • StopIt
    • By StopIt 11th Oct 17, 9:02 AM
    • 1,449 Posts
    • 1,239 Thanks
    StopIt
    • #6
    • 11th Oct 17, 9:02 AM
    • #6
    • 11th Oct 17, 9:02 AM
    This other company is a holding company of a DCA most likely and a bit of a red herring.


    Anyway, if you made payments until July 2013 the debt isn't statute barred until 2019.


    Have they sent proof of the debt? If so, you'll need to arrange a payment plan or run the risk of a CCJ being sought.


    If they haven't send a Prove it letter for proof of the debt.
    • sourcrates
    • By sourcrates 11th Oct 17, 9:40 AM
    • 12,700 Posts
    • 12,042 Thanks
    sourcrates
    • #7
    • 11th Oct 17, 9:40 AM
    • #7
    • 11th Oct 17, 9:40 AM
    The wording of the letter makes no difference, the debt is enforceable as long as they have provided proof of liability usually in the form of a credit agreement, which you say they have.

    The next step is up to you, if you continue to ignore, you risk a CCJ by default.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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/
    • Bedsit Bob
    • By Bedsit Bob 11th Oct 17, 11:21 AM
    • 9,833 Posts
    • 51,612 Thanks
    Bedsit Bob
    • #8
    • 11th Oct 17, 11:21 AM
    • #8
    • 11th Oct 17, 11:21 AM
    If they haven't send a Prove it letter for proof of the debt.
    Originally posted by StopIt
    That was going to be my next suggestion.
    My job is Top Secret. Even I don't know what I'm doing.

    Amount I have so far denied the BBC - £1161
    • Mid Mike
    • By Mid Mike 11th Oct 17, 11:31 AM
    • 4 Posts
    • 0 Thanks
    Mid Mike
    • #9
    • 11th Oct 17, 11:31 AM
    • #9
    • 11th Oct 17, 11:31 AM
    Thanks all for the info. So it looks as though the debt is enforceable? I have completed the income & expenditure form but not sent it to Mortimer Clarke yet. Money is very tight & i only have about £40 a month left after expenses. I have put all this on the form so hope they will take that into account.
    • Bedsit Bob
    • By Bedsit Bob 11th Oct 17, 12:00 PM
    • 9,833 Posts
    • 51,612 Thanks
    Bedsit Bob
    £40 per month is 3.5 years to clear it.

    You might want to see if you can tighten your belt a little, and save a bit each month, so you can offer a F&F in a year or so.
    My job is Top Secret. Even I don't know what I'm doing.

    Amount I have so far denied the BBC - £1161
    • bargainbetty
    • By bargainbetty 11th Oct 17, 5:49 PM
    • 3,102 Posts
    • 7,142 Thanks
    bargainbetty
    You don't mention if they have given you a statement of the account detailing the actual debt.

    Did you complete the payments in full? Was there anything outstanding when you stopped paying? If you are fully confident that there was no outstanding sum on the account, write to them and ask for a full statement of the debt as it stands. If they can prove that you did leave an outstanding sum, then you will have to repay it.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!
    MFW - Joined May 2012, aiming to cut the mortgage by an extra two months every year. (Overpaid £3000 so far)
    , only 11 years to go.

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