Mortimer Clarke - Attachment of Earnings Fee

lmriley

I recently obtained a copy of my Credit Report (just to keep myself up to date), annoyingly there is a CCJ on my file (which I had no prior knowledge).

It transpires the debt has now been passed to Mortimer Clark (or Cabot...one and the same by all accounts).

I asked for a breakdown of costs and it seems they have previously tried to 'track me down' (I have moved around 5 times in the last 7 years), and have applied for Attachment of Earnings twice, with 2 x £100 fees being added.

I have asked them to remove fees and amend to original balance and I will initiate repayment but apparently it's "up to you to keep us updated of your address".

Given the fact I had no knowledge of this debt or the fact it was being handled by MC/Cabot, do I legally have a claim to get it reduced to original debt, free of any added fees?

From my understanding, it is the person/group PURSUING the debt to pay the £100?

Thank you.

National_Debtline

Hi there


Although the claimant has to pay the court the fee to apply for something like an attachment of earnings order, those costs can be added on to your debt. It's a good idea to get a payment plan set up on the debt before they apply for further action again.


If you can't come to an agreement directly with Mortimer Clark there is an option to apply to the court and get them to agree to a payment plan. If you then stick to that, no further action can be taken unless you are a homeowner. You'll find the whole process explained here https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx.


Best wishes


Susie
@natdebtline

lmriley

Thank you.

I did complete an income and expenditure form and returned via email with my proposal per month, they have since not responded to the email but called me 4 times.

I am not at liberty to discuss over the phone am I? Or is it best I do to avoid another AoE?

National_Debtline

Hi there again


You don't have to discuss anything with them over the phone if you would prefer not to. It's worth sending them another email to advise them that you prefer all contact in writing. However bear in mind that while there is no payment plan set up they could make an application to the court for further action.


If you can't get in touch with Mortimer Clark I'd suggest making an application to the court. It does cost £50 (you may get a remission on the fee if you have a low household income) but the court will have the final say on what you can afford. As long as you stick to that payment plan no further action can be taken (unless you are a homeowner). I hope this helps. If you do need further advice you can help from one of the free debt advice agencies.


Susie
@natdebtline