Cabot/Mortimer clark

martyw3442

Hi all,
I was hoping someone can advise me on the following subject...
I had an old debt with Halifax which Cabot seem to have purchased.this debt became statute barred in 2011. Mortimer Clarke wrote to me with letters saying that I owe money and applied for a ccj,rather stupidly I ignored these letters and was issued with a ccj in May,I have since spoked to mc and they say that I made a payment relating to this debt in 2012, I definitely haven't and have sent them proof from my account showing that no payment was made and they are now waiting for info from their client to prove I made a payment. I have today spoke to one of mc's solicitors a she is going to resubmit to their client to get proof of this payment,he is calling me back a week today you've me instructions on how to move this case forward....can anyone give me any help as to what case I have to getting this ccj removed?
Thankyou

Candyapple

Follow the advice here:
https://forums.moneysavingexpert.com/discussion/4106417

National_Debtline

Hi martyw3442 and welcome to the forum.


The above link to a previous discussion is very relevant and useful as it involves a case that looks similar to yours at first glance. Just to be clear - you are going to have to ask the court to "set aside" this judgment - see our fact sheet for more details on the process:


https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx


Please be aware that the court may query why you have not made the application any sooner and why you did not take the opportunity to defend the original claim when Mortimer Clarke issued it last spring. I can't tell you how to justify that, but I would suggest you put the emphasis on your belief that this debt had already become statute barred way back in 2011.


Dennis
@natdebtline