Mortimer clark chasing me.

Sunny662

Good afternoon 
I wonder could anyone offer me some advice please.
I have been contacted by mortimer Clark solicitors, regarding an old mbna card I got in 1997 ish.
I haven't heard from mbna for many years, so I asked them for information on this debt. 
They state I've been paying £10 per month (I haven't) and it's a CCJ from 2006.
I asked for proof of the payments and they just sent a list of ten pound credits, with no information/proof of where this had come from etc.
Mortimer clark also told me that mbna had got a charge on my home with the CCJ. 
My house was repossessed in 2015, after I had 3 close bereavements, I was off sick with depression and stress. 
I now live in rented accommodation and have been here since 2016, I am on the electoral roll at this property and haven't hidden myself.
Last week I had a man turn up from Engage, I was at work, but he left a letter and it was from mortiner Clark telling me I needed to get in touch as they have this charging order.
Can they take me back to court for this debt or send bailiffs etc?. I don't have any assets, when my property was repossessed it paid off the mortgage and a sec loan, with no other funds left over. So if there was a charge, it wouldn't have been settled.
I'd be really grateful for any advice anyone can offer. 

EssexHebridean

You sound uncertain about the charging order - was there one? Do you still have any paperwork relating to the house that might include a copy of the title when you owned it, before the repossession?  Just because any charging order wasn’t paid out in when the property was repossessed that would mean that the debt would go away as there was a CCJ - but after this long the creditor would have to go back to court to request permission to enforce - and it doesn’t sound like MC are saying this has happened?

Sunny662

To be honest, it does ring a bell. 
I think they refused the offer I made and went straight for the charging order.
I'll have a look thorough and see if I can find anything relating to it. 
I wasn't meaning the debt would go away, I totally forget about it after all that happened. I'm more than happy to make them a monthly offer to repay.
They haven't stated it's going back to court no. 

EssexHebridean

No, I didn’t think you were suggesting it might have gone away, charging orders are a bit of a complex one though and I wanted to ensure that nobody else made the mistake of thinking that the debt would have disappeared when the house was sold! 

I take it that MC have specifically detailed that this is about that old MBNA card, and that was definitely what the CCJ related to? 

Sunny662

Thank you 
Yes definitely a credit card with MBNA.
I was just worried that if I make an offer they might not accept it and would try to use other enforcement methods, because they had a charge. 

sourcrates

The CO was on a house that was repossessed, so that is now of no concern.

The CCJ expired/became unenforceable, 6 years after judgement, so in 2012.

Creditors must apply to the court for any extension, prior to the initial 6 years expiring.

Mortimer Clarke can`t do anything with this, although they want you to think otherwise, you can write and tell them you are aware of section 24 limitation act, 1980, and that the judgment is no longer enforceable, or you can just ignore them.

"Sec 24Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable".

fatbelly

I think you are safe to completely ignore this

They were lying about the ten-pound payments. Who knows what else they are lying about?

Yes it's possible that the repossessed property did not sell for enough to cover the mortgage, and if MBNA had a co at that point it would not have been paid. 

So the debt remains, the ccj from 2006 remains but there is b all they can do with it. Probably if you got the court reference and checked with the court they would not be able to find it

If they are banging on about having a charge, your response should be 'Go for an Order for Sale, then'

Sunny662

Ah ok, thank you Sourcates. 
I was a bit anxious as one of my friends had a bit of a time with Mortimer clark a few years ago. 

sourcrates

Sunny662 said:

Ah ok, thank you Sourcates. 
I was a bit anxious as one of my friends had a bit of a time with Mortimer clark a few years ago. 

As long as the facts are as stated, you have nothing to worry about and certainly should not pay this.

Time limits apply to most things debt related, even CCJ`s, the CO died when the house was repossessed, the courts keep records for 6 years, so as fatbelly suggests, there probably won`t be any record now to find.

Sunny662

fatbelly said:

I think you are safe to completely ignore this

They were lying about the ten-pound payments. Who knows what else they are lying about?

Yes it's possible that the repossessed property did not sell for enough to cover the mortgage, and if MBNA had a co at that point it would not have been paid. 

So the debt remains, the ccj from 2006 remains but there is b all they can do with it. Probably if you got the court reference and checked with the court they would not be able to find it

If they are banging on about having a charge, your response should be 'Go for an Order for Sale, then'

Thanks Fatbelly, I might try this! 

Sunny662

sourcrates said:

Sunny662 said:

Ah ok, thank you Sourcates. 
I was a bit anxious as one of my friends had a bit of a time with Mortimer clark a few years ago. 

As long as the facts are as stated, you have nothing to worry about and certainly should not pay this.

Time limits apply to most things debt related, even CCJ`s, the CO died when the house was repossessed, the courts keep records for 6 years, so as fatbelly suggests, there probably won`t be any record now to find.

Thank you for your advice. 
That's put my mind at rest.