Mortimer Clarke
Comments
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Whilst I struggling financially I was offering £2.50 per week, which is not a massive amount I know but at the time It was comfortable and kept them quiet.
I emailed them yesterday, baring in mind I have had a slight improvement in my financial status. And Offered £5 per week, with a view to increase further in 3 months, when I expect my financial status to have improved.
Having received this letter today should I respond to it by post or should I await a response from the email I sent them last night?
Never a good idea to speak to these people on the phone.
Enything to do with money, debt or legalities, should be served in writing, so you know what has been agreed, and also to keep as evidence.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-letter0 -
Hi Mart
I recommend applying to court for an instalment order as sourcrates suggested earlier. This is because even if you informally agree a payment plan Mortimer Clarke, you will still be in default of the CCJ if you don’t pay within 30 days, and Mortimer Clarke could opt to use enforcement at any point.
Once the court makes an instalment order the claimant can’t use any enforcement as long as you keep up with the payments.
You’ll need to apply to vary the judgement on court form N245 if you didn’t reply to the original claim form. There are more detailed instructions on the factsheet sourcrates linked to. There’s a fee of £50 unless you qualify for fee remission.
James
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
I don't have £50 to pay a fee to have the court, I'm barely managing to cover living costs.
The letter I received today from Mortimer Clarke suggests that they are willing to look at my income and expenditure and come to an agreement with me in regards to clearing the debt.0 -
I don't have £50 to pay a fee to have the court, I'm barely managing to cover living costs.
The letter I received today from Mortimer Clarke suggests that they are willing to look at my income and expenditure and come to an agreement with me in regards to clearing the debt.
Yes but they can change there mind at any time, much better to go via the courts and rubber stamp it.
If you don't have the fee you may qualify for fee remission, at least look into the process.
Info here :
https://www.gov.uk/get-help-with-court-fees
N245 application form here :
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=486I’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-letter0 -
Yes that's true. I really appreciate your advice. And I will have a read through the links you have provided.0
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Whilst I struggling financially I was offering £2.50 per week, which is not a massive amount I know but at the time It was comfortable and kept them quiet.
I emailed them yesterday, baring in mind I have had a slight improvement in my financial status. And Offered £5 per week, with a view to increase further in 3 months, when I expect my financial status to have improved.
Having received this letter today should I respond to it by post or should I await a response from the email I sent them last night?
There's no need to offer to increase this. £5 per week (maybe £20 per month would be better) clears this in 2 years which is more than reasonable and would cause no problem with the court, as long as your income/expenditure justified it.
You may be able to get off the court fee when you submit your N245
EX160
EX160a0 -
I don't have £50 to pay a fee to have the court, I'm barely managing to cover living costs.
The letter I received today from Mortimer Clarke suggests that they are willing to look at my income and expenditure and come to an agreement with me in regards to clearing the debt.
You may be able to get that fee sorted, so hopefully the links Sourcrates has linked can help.
As stated, the courts have the power to "call off the attack dogs" so to speak and as long as you stick to any enforced payment plan by them, no further action can be taken. If you agree with a plan with these DCA/Lawyers, they can tear it up at any point.
Good luck.
In debt and looking for help? Look here for the MSE Debt Help Guide.
Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.0 -
When submitting the form to the court, does the fee need to paid up front? Or do I submit everything then if I have to pay a fee then make payment before they do anything0
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When submitting the form to the court, does the fee need to paid up front? Or do I submit everything then if I have to pay a fee then make payment before they do anything
Apply for both at the same time, and submit to the court.
They will write and let you know if any fee is to be paid.
If you have to pay the full fee, or part of it, i would suggest you make it a priority payment, just to avoid further hassle from them.
Did you check the criteria for fee remission ?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-letter0
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