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Help with Mortimer Clake

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This discussion was created from comments split from: Struggling with debt? Ask a stepchange debt adviser a question.
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  • Good afternoon, couple of queries if anyone can help

    Our wonderful friends at Mortimer & Clarke are becoming well, harassing to say the least and i have a couple of queries.
    I sent them the statute letter as they seem to be chasing something from (if memory serves) about 2001 ish,
    I have been getting ongoing letters and calls (a hell of a lot of calls) for the last 3-4 years, especially around this time of year as they seem to think for some reason it is a good time to be a pain.
    Long story short, i have had no contact with the original company in respect to this for over 15 years but M&C as i say are getting more and more harassing lately.
    They answered my letter with a reply stating that in 2007 a CCJ was served and they will ignore the statute letter, i should therefore fill in a form with my financial status and return within 14 days.
    10 days later i got another letter saying "you have not answered our letter re your financial status and i had to do it straight away"
    I am now also getting calls and texts to my mobile number, strangeley a number that is only a few years old, unlisted and never given out, yet they have suddenly got it.
    Questions:
    1 - I seem to remember there was a second letter to send if they said they had a CCJ and will ignore the statute letter?
    2 - Can i complain to the FCA in regards to he calls and texts to the mobile number they should not have and i m guessing have obtained shall we say without proper rules followed?
    3 - In respect to the above i also get 3-4 calls a day then nothing for weeks then again (strangeley at the same time as one of their letters appears ) from mobile phones that do not answer when a callback (with 141) is used, should i report these to the FCA also?
    4 - Surely if a CCJ had been sought it would have been chased, i cannot believe the courts would let it just go, i also have absolutely nothing on my credit records at all.

    Thank you in advance
  • sourcrates
    sourcrates Posts: 31,532 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hi,
    I`ve moved your post to the general DFW forum, as you posted in the wrong section.
    All the court does is issue the judgement, its up to the creditor to chase up enforcement of it.
    If judgement were granted in 2007, then it would have dropped off your file in 2013, they only remain visable for 6 years, creditors have 6 years in which to enforce court judgements, after 6 years, they must go back to the court and gain permision to do so, after such a long time, depending on circumstances, its unlikely that permision would be granted.
    You cannot directly complain to the FCA about anything, first you must exhaust the creditors own complaints procedure, then if you remain unhappy, escalate the matter to the Financial Ombudsman service, who are the complaints handling service set up by parliament.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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