Mortimer Clarke, ME III Ltd

[Diana M]

Re: Mortimer Clarke, ME III Ltd

The agreement was entered into on 28/07/2005,terminated on 04/06/2006 and . . . .

was then assigned to our client, ME III Limited, on 26/10/2016.Please note we did not receive a response from you in regards to our letter dated15/11/2016, therefore a County Court Claim was issued against you on 12/12/2016.We have no record of you responding to the county court proceedings, subsequently,Judgment was obtained on 13/01/2017 for the amount of £7,863.92, payable byinstalments of £50.00 per month.Our client is fully entitled to enforce the Judgment at this time. It is open to you if youwish to dispute the Judgment. We suggest you seek independent legal advice.

So there's no mention of an Attachment of Earnings Order or Application (yet) which is good news.

They inform you that it was a Default Judgment since no response was received to their claim. They say if you wish to dispute the Judgment you should seek legal advice. I would agree with that since this is a large sum of money (over £7k) and if you own your own home the Judgment Creditor may seek a Charging Order on it as their preferred enforcement choice.

I'm curious as to why the debt wasn't assigned to ME III until 2016 if it defaulted in 2006. Why did it take ten years to decide the next step and could it have been assigned to someone else in between?

You've mentioned that £50 per month payments were (possibly) being made up until 2011 so you need to ask your husband what he knows about that.

Did he call NCCBC today to get the case details emailed to him? You need to move fast with an set-aside Application.

Di

[Diana M]

Re: Mortimer Clarke, ME III Ltd

get a copy of the CCA from ME. By law they should have it.

What law?

Di

[Bakedalasker]

Re: Mortimer Clarke, ME III Ltd

Thanks Baked - I’m not sure when YCC changed their name but it does sound like them . Before a cca request can go off though ghostie you will need to apply to get the judgment set aside. I’ll move your thread to the court forum. There’s ten years between termination and the claim - any idea who you were making those £50 payments to up to 2011 ?

Now on my proper username.

They did not change their name. YCC sold the cars and DAF were the finance side of it all. As you know YCC went out of business but DAF stayed on chasing the debts. When they had problems chasing certain debts they would sell them onto the DCAs. Makes me wonder how many of the "debt" are still out there being chased.

You help Ghostie to set it aside, use a SAR to get hold of the CCA and then I will tell you if its worthless. Remember my CAB specialist? I'm sure we will be able ot rack our brains and come up with the arguments again.

[ghostie]

Re: Mortimer Clarke, ME III Ltd

I am totally lost here sorry guys ....no idea where to start

[ghostie]

Re: Mortimer Clarke, ME III Ltd

I have e-mailed them today and asked for them for the exact amount of the original credit agreement , no reply as of yet...they told me that they didn't have the original or copies of the agreement and that I had to contact Direct Auto Finance but how can I do that when they are not even trading ?

[Diana M]

Re: Mortimer Clarke, ME III Ltd

I have e-mailed them today and asked for them for the exact amount of the original credit agreement , no reply as of yet...they told me that they didn't have the original or copies of the agreement and that I had to contact Direct Auto Finance but how can I do that when they are not even trading ?

Now that ME III have a CCJ against your husband they are under no legal obligation to comply with a s 77-79 CCA Request (for a copy of the original credit agreement) or anything else for that matter (unless ordered to do so by the court).

So take this one step at a time.

Ask your husband to call NCCBC to get a copy of the CCJ (Default Judgment) and a copy of the "Case Details". If the person on the line hesitates to help then suggest he asks to speak to a manager.

You need to start at the end with this situation before you can attempt to unwind things.

Di

[ghostie]

Re: Mortimer Clarke, ME III Ltd

Thank you I will make sure he does it tomorrow

[ghostie]

Re: Mortimer Clarke, ME III Ltd

I forgot to say....on the 04/06/2007 when the agreement was terminated they had the car back ....I added up that £267 pm for 11 months plus they said £50 a month was paid up until 2011 comes to almost £6000 so basically they are saying a second hand multipla was worth almost 15,000

[Bakedalasker]

Re: Mortimer Clarke, ME III Ltd

Now that ME III have a CCJ against your husband they are under no legal obligation to comply with a s 77-79 CCA Request (for a copy of the original credit agreement) or anything else for that matter (unless ordered to do so by the court).

That's a nightmare.

I can imagine there are thousands out there in this position but do not know it yet.

[ghostie]

Re: Mortimer Clarke, ME III Ltd

How do I add copies of letters to here please ?
#

- - - Updated - - -

- - - Updated - - -

[ghostie]

Re: Mortimer Clarke, ME III Ltd

My husband rang the court and they have emailed over the stuff we asked for but can't get it on here to show you .....I have saved as PDF but don't know how to put link on here

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

email me if you like - admin@legalbeagles.info

[ghostie]

Re: Mortimer Clarke, ME III Ltd

Sent I think

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

Got it
Claim issued 12 Dec 2016
Judgment 13 Jan 2017

Judgment for Claimant ( in default )


I've just copied the relevant parts.

Original Particulars of Claim

[Amethyst]

Re: Mortimer Clarke, ME III Ltd

So we need to know

When did you move ?
Was the claim issued to the address you lived at when you took out the original agreement ?
Where were the £50 a month payments going to between the car being repo'd ( and agreement temrinated) in 2006 and 2011 ? ( and what were they for ?)
Was that company aware of the change of address ?