Mortimer Clarke Solicitors / Cabot

MC24

Hi all,

Looking for some guidance on this situation.

In 2019, Mortimer Clarke issued a County Court Claim against me for around £550 on an Aqua credit card. A CCJ was entered by default as I didn’t respond due to mental health issues. The CCJ is now over 6 years old.

In 2021, Aqua refunded £100 for unfair charges. Those charges had been included in the balance that was sold to Cabot and then used in the claim, meaning the CCJ amount was higher than it should have been.

Because the higher figure was used:

• the claim went into a higher court fee band (adding around £45)
• the CCJ amount was overstated

Mortimer Clarke say they “didn’t know” the balance was wrong at the time. They issued proceedings within 2 days of assignment, and they now say they don’t hold the CCA or the litigation documents.

I’ve now paid what the original balance would have been. The remaining balance is just the extra fees added on top of the incorrect figure. Mortimer Clarke have issued a final response to my complaint refusing to change anything.

My main question is:
Once Aqua refunded the charges in 2021 and the balance was corrected, should Cabot or Mortimer Clarke have notified the court or adjusted the CCJ/enforcement amounts? It doesn’t look like they did anything after learning the balance used in the claim was inaccurate.

Specific questions:

1. Does the Aqua refund mean the CCJ balance was incorrect?
2. If the claim was issued on the wrong balance, does that affect the fees/enforcement?
3. Should Cabot have corrected the CCJ/enforcement after the refund?
4. Would the Legal Ombudsman or FCA look at this?

Any advice appreciated.

Thank you!

ManyWays

The refund was paid to you in cash, or used to reduce the balance?
Mortimer Clarke were/are acting for Cabot?

It is a shame you were not able to query this much earlier.

The Legal Ombudsman deals with a complaint you may have about YOUR solicitors, it is not a way to resolve a dispute with a third party.
FOS is unlikely to look at this as they will say it is a matter for the courts.

Waht is the remaining balance on the CCJ?
What is your current financial situation like?

MC24

https://forums.moneysavingexpert.com/discussion/comment/82011721#Comment_82011721

Thank you for your reply

The refund was applied directly to the balance by them

Mortimer Clarke are acting on behalf of Cabot

I only just realised now that the way they have handled the account may have been unfair, they have always been very aggressive towards me and with my mental health being very bad I just ran from the world at every opportunity.

I am guessing I can complain to Cabot and then take that to the Ombudsman as they own the debt?

Remaining balance is over £300 which is mostly made up of fees

Current financial situation, I'm struggling with multiple debts and have little left over at the end of the month

ManyWays

I suggest in view of your current situation (attach details) AND the fact that the balance on the CCJ was too high, you could ask Cabot to write off the remaining balance.

But it's highly unlikely that FOS would agree to look at the case. Where there has been a CCJ, FOS will usually take the view that it is a matter for the courts and you should have defended the court claim or later submitted a set aside.

I think you should see this as a minor irritation and lok at sorting out your current debt sitaution. Are you able to stop using cards, catalogues and Klarna?

sourcrates

Once legal action has been taken you lose all rights to complain to the lender or the FOS, as Manyways explains above.

If the judgement is over 6 years old Cabot can`t do anything with it now, ideally you should have posted prior to paying the debt as it would be unenforceable under sec 24, limitation act after 6 years.

So as far as Cabot and their £300 charge are concerned, the debt is now dead in the water, as time has run out to enforce the judgement.