Urgent help Mortimer Clark ccj

Washeoga

Hi all

I am desperately seeking help, I have just received a letter in the post from Nottingham county council Court telling me mortimer Clark are filling for a CCJ against me. I had a Lloyd's TSB credit card and fell on hard times when my mother got diagnosed with cancer and it was then sold to Cabot Carbon. They contacted me and I set up a direct debit online for £50 a month in 2014 which they did not action.

Now this new company is taking me to court. I have been told I have 14 days to respond and I don't have a clue what my options are. Any help will be greatly appreciated.

[Deleted User]

How can they not action a direct debit request?

And why did you not chase this back in 2014?

Washeoga

I did it on their website and it was sent to them but it looks like they never processed it, I did not hear anything from them for a while and to be honest was too preoccupied with what was going on life wise I never really did chase or check on it. I still have the copy of the direct dedit mandate for 2014.

[Deleted User]

I'd contact them, make up the missed payments and get the DD set up.

You might also want to see if they will accept a settlement.

Washeoga

Would this still be possible since they have already sent it to county court

sambaird

Anything at this point is still possible as a judgement has not been granted against you.

Follow the directions in the letter that you have been sent, this will give you a list of all of your options. Contact them and talk through the options if necessary.

Personally, in your situation and had the money, I would make a full payment straight away. If that's not an option, then I would check and see if they were open to setting up a manageable payment plan.

What you shouldn't do is ignore the letter and not contact them.

sourcrates

What exactly does this letter say ?


Mortimer Clark are Cabot's tame solicitors, they are a part of the same company.

Is it a "claim form", does it say "letter before claim" or something else ?

The court does not write to you telling you a 3rd parties intentions, the process is as follows :


(1) Creditor sends LTA (letter before action, this gives you 30 days in which to agree a repayment plan without the need to go to court.


(2) If the LTA is ignored, or agreement cannot be reached, the the next step is usually an N1 claim form.


Which have you received ?

Washeoga

I have just looked at the letter and it says claim form

sourcrates

Washeoga wrote: »

I have just looked at the letter and it says claim form

Right, time is essential here, you should go online and register service, that gives you extra time to lodge your defence.

Info here :

https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx