Newbie here, advice needed please. Cabot / Mortimer Clarke 2 February at 10:22AM in Debt-free wannabe 1 reply 159 views

Hugo_is_a_good_alias

Hi All, 
Ill try to keep it brief.
Letter from Mortimer Clarke / Cabot  Re old Sainsbury C/c debt from 2007ish 
Never any ref to Sainsburys C/c account number, i questioned this and asked for clarification, Nothing !
Then got letter before action, so i asked again and called court and explained that no ref to account number 
Got CCJ in December and then today got letter from MC saying that Cabot have instructed them to obtain Charging order over our house. 

Any advice what i should do next would be much appreciated 

Thanks 

fatbelly

You didn't defend the claim? That would have been a lot easier at that stage.

Would I be right to think that there was a six-year period when you did not acknowledge the debt by payment or in writing?

In that case you have a defence under s5 of the Limitation Act 1980 and you can still get the court to consider that defence, though it will now cost you (unless you have a low income) and be more difficult process.

The guide below explains how to apply for the judgement to be set-aside

https://nationaldebtline.org/fact-sheet-library/setting-aside-a-ccj-ew/