Mortimer Clarke - CCJ (I have tried the other threads)

Scrimpnsave

Hi.  Wondering if anyone can help.  I received a letter from Mortimer Clarke in December last year claiming I owed them over £2k.  I wrote back (without signing the letter) asking who they were and what debt they were chasing.  After much to and fro-ing they claimed the deb was for Black Horse (taken out 18/06/2002 and terminated 07/03/2006) then a CCJ was issued 25/05/2006.  I have no knowledge of this debt or the CCJ.  I have been on the Electoral roll at every address, had other debts (who all managed to find me) and entered an IVA in 2013 and completed it in 2017.  In 2019 payments suddenly started being taken from my husband's wages, when he contacted his payroll they said they had no information and to contact the 'people' taking the money.  We received no notification about this.  When my husband was made redundant obviously the payments ceased.  We waited, expecting someone to contact us regarding these payments - none ever did.  Then suddenly Mortimer Clarke appear on the scene.

Now in fairness I have been playing a bit 'tit for tat' and still have yet to make any payment to them.  I have searched Experian, Equifax etc but have no CCJ showing on my credit file.  All I ask from MC is a copy of the actual CCJ and I'll pay up.  I advised them about the IVA and they wrote back claiming they couldn't find any evidence of this.  Funny - I have the paperwork and the completion certificate in front of me.  

So my question - am I going to eventually have to suck it up and pay them?  

Floss

Has your husband checked his credit report to determine what that attachment of earnings was?

sourcrates

County court judgements only stay on record for 6 years, after that they are removed, and no record will exist of them.

Also a CCJ is only enforceable for the same period of time, any judgement over 6 years old must have permission of the court to enforce it, now as this judgement will have been removed in 2012, that`s 11 years ago now, so Mortimer Clarke would have no chance getting a judge to sign off on this one.

As well as that, you believe the debt was included in your IVA, so you have no liability for it anyway, so of course you are not going to pay it.

In any case, it is the claimants/creditors duty to prove liability for a debt, the defendant/debtor does not have to prove they are not liable.

My suggestion would be to put that all in writing to them and state, that this is your position, thank you for writing to me, I trust the matter is now closed.

Scrimpnsave

Thank you so much for that!  I had a feeling they couldn't chase that CCJ and was worried as they had taken money suddenly from husband's wages.  However, again that was after the CCJ and the IVA.  I shall write back to them and see what happens.

Scrimpnsave

Floss - there was nothing on the payslips and his payroll department didn't have any details of who or how the attachment of earnings belonged to/happened.  Mortimer Clarke did send me a copy showing these monies were paid to them but when I've confronted about no notification/why they were taken from my husband's wages and why after the IVA they have chosen not answer me!

Scrimpnsave

Morning.  So....Mortimer Clarke are STILL harassing me and still haven't proved the debt.  I keep getting the same recycled letter (which I ignore).  I received one in January which said they would accept a F&F which is fine if I knew what I was paying but that it would mean the CCJ would then show on my credit file.  I work in a post office so as soon as that hits my file I'm out of a job! I've received yet another letter saying that a CCJ was obtained against me (yes in 2006) and I'm at my wits end with them.  Do I just keep ignoring them or bite the bullet and respond?

Thank you for any help.

sourcrates

All you can do is send them a formal written complaint, as they have failed to provide evidence of the debt, despite repeated requests to do so.

The CCJ is now unenforceable due to the expiry of more than 6 years, go through their complaints process, and escalate to the FOS if you don`t get a satisfactory resolution.