Cabot/Mortimer Clarke, ccj

teddy54

I wonder if anybody can offer any advice.
I have a second charge on my property from a credit card debt originally with HSBC. I recall they did write to me about a year ago saying I didn't have any repayment plan in place with them (I was not ordered by the court to repay), so I just ignored it.
They have now obviously sold this debt to Cabot, and I have today received a letter from Mortimer Clark "Solicitors" acting on their behalf, asking for me to contact them, and have sent an income/expenditure form. I am very wary about filling in such forms, I do not think it is any of their business.
My view was that the debt would simply stayed secured on my property until such time it was sold.
Can anybody advise what I can do? Do they have any powers to force me into a repayment plan?
Thanks for your help

teddy54

Bump, can anybody help?


Thanks

-taff

I don't have any ideas about the charge, but I am going to ask have you sent a CCA to make sure it's enforceable, when was the last time you paid towards it, did you ever pay PPI on it, etc...

sourcrates

These are the options a creditor has to enforce the judgement against you, not all will apply to you, for example, as it was a consumer credit debt, HCEO`s cannot be engaged :

Charging Order - If your debtor owns or has an interest in a property, it is possible to secure your Judgment against the property. Although the charge does not guarantee immediate payment, it does secure the debt and interest accrues at 8% per annum. It is usually worth getting a Charge on a property if there is equity in the property.

Order for sale - Once you have a Charging Order you can enforce it by an application to sell the property.


County Court Bailiff / High Court Enforcement Officer - A County Court Bailiff or High Court Enforcement Officer will attend at the Defendant's premises and collect the money due, or take steps to enforce payment by seizing and selling goods, or will report back to you as to the Defendant’s assets. Entry can be forced into commercial premises e.g. by employing a locksmith to pick the lock but entry cannot be forced into residential premises. The items seized must generally be sold by auction.
The costs of instructing Bailiff/HCEO are partly recoverable from the debtor if the debt is collected in full. If the bailiff does not recover the debt, the costs are payable by you.


Attachment of Earnings Order - Where a debtor is working, this is often an appropriate method of enforcement. You will need to know the name and address of his/her employer. Your debt is paid out of the debtor's salary by the employer.


Third Party Debt Order - A Third Party Debt Order is usually made to stop the Defendant taking money out of his or her bank or building society account. The money you are owed is paid directly to you by the debtor's Bank/Building Society from their account. A Third Party Debt Order can also be made against anyone who owes the Defendant money


Information Order - If the debtor is attempting to avoid enforcement, we can apply to the court for an order that the debtor attends before a court officer to answer questions with regard to their assets and means.


Insolvency - If your Judgment remains unsatisfied the option of insolvency exists if your debt is for an amount over £750.

It would depend on the size of the debt, and the costs involved, versus chances of payment, as to how far this would be taken.

fatbelly

That's a thorough list from Sourcrates. Obviously post again if they try any of those.

A couple of comments:

Orders for sale are almost impossible if this is a property you live in

https://debtcamel.co.uk/charging-order-sale/

and even more difficult if this is a debt in one name secured on a jointly owned property.

Also, interest after judgement is a very questionable area

https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtinterestcharges/interestonaccj.aspx

I agree with you that I would be reluctant to give them information. If they want it, they can pay for an information order.

teddy54

Thanks all, appreciated.
There is a charging order on the property, but I was never ordered by the courts to start any repayments. Am I correct in assuming that they would have to go back to court to get an order to force me to make repayments?
Apologies for my ignorance

sourcrates

teddy54 wrote: »

Thanks all, appreciated.
There is a charging order on the property, but I was never ordered by the courts to start any repayments. Am I correct in assuming that they would have to go back to court to get an order to force me to make repayments?
Apologies for my ignorance

Any or all of the options on the list above are open to them, but each stage costs them money, with no guarantee of a payday.

teddy54

Thanks for your reply
The debt is for a credit card, am I correct in thinking that this is classed as consumer credit, so HCEO is not a possibility at this stage?

fatbelly

teddy54 wrote: »

Thanks for your reply
The debt is for a credit card, am I correct in thinking that this is classed as consumer credit, so HCEO is not a possibility at this stage?

That is correct

teddy54

Thank you all very much. I think I will sit tight at the moment. As I say HSBC only wrote to me once asking to come to sort of arrangement to pay, so I guess they knew it would be difficult to enforce so sold the debt on. I will not fill in an income/expenditure, or give them information as to my employment, I do not trust these people not to contact my employer, which would make things difficult for me. They will get their money when the house is sold.
Thanks again