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MCE CCJ for 1995 Yorkshire Bank for a visa card.debt i never contested..


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Hi all

 

I wonder if you can help (provide guidance).

 

I received a CCJ 8 years ago from Yorkshire Bank for a visa card.

I paid £20.00 per month for six years and then stopped.

 

I received various letters from Mortimer Clarke which I ignored and subsequently they went to court and got an attachment of earnings.

 

This was paid for several months until I left the company and am now working for myself.

 

The court has today written to me to say the attachment of earnings is dismissed.

 

I need to know really what my next step should be

- the original debt was just under £10k and it is now £9,800 so I have made very little impact into this debt.

 

Should I contact Mortimer Clarke and continue to pay a nominal amount or is there anyway I can fight this.

 

The original credit agreement goes back to 1995 (but I never requested this orginally).

 

Any advice would be grateful.

Thanks

 

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  • 2 weeks later...

I am not sure how you slipped through the gaps, linz.

 

I don't quite understand what you mean "can you fight this". In what way do you want to fight it ?

 

Did the Judgment debt continue to accrue interest?

 

I will try and find some help for you.

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Hi

Thanks for the reply.

I suppose I would like to go back to the start and ask for the agreement (because I know there isn't one)

 

however with a CCJ having being issued is this an admission?

 

It did accrue interest which is why it is almost as much as when it started?

 

It has been removed from my credit file but I dont want them to come back with a stat demand or something else?

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Linz, I asked for advice on your behalf and this is the situation.

 

An AoE is not applicable to the self employed and there is pretty much no hope of your fighting this now. It is unlikely that you would be able to obtain even a reconstruction of the agreement this far down the line as the Original creditor is not obliged to keep any records further back than 6 years and they have obviously sold the account on anyway.

 

Plus the Judgment order is now the agreement.

 

andyorch has provided some other enforcement actions that the claimant could take if you don't make payment. Is there a Charging order on your property ?

 

Do you know if there was any Payment Protection Insurance on the account ? If mis sold then you might be able to make a stab at reclaiming that.

 

 

 

 

Well the AoE is not applicable to self employed....why would she decide to fight it after 8 years? (not that she could now) Why should she not contact Mortimer Clarke ?

 

Paying £200 off in over 8 years ...it would appear Mortimer Clarke are in no rush but she still owes £9.8k.

 

They could take further enforcement action

 

CO/Restriction

 

Third Party Debt Order

 

or even Bankruptcy.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi

 

Many thanks for this.

 

There is no charging order.

 

I am happy to continue to pay a nominal amount but it seems to be going nowhere fast. I have a shared interest in my former matrimonial home but my ex husband lives in that property with his partner and family however this is soon to be resolved via a court hearing. Other than this I do not have any assets and all told my assets amount to less than this debt!

 

Do you think I should contact them and continue to pay a nominal amount?

 

Thanks

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I personally would continue to pay the £20 pm linz....if only for peace of mind.

 

Regards

 

Andy

We could do with some help from you.

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  • 4 years later...

Well they don't seem to be particularly prominent on the Internet – no website as far as I can see and no phone number. It must be because they don't want to be telephoned.

 

Are they debt collectors? If they are then why would you want to call them?

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why do want to ring them???

 

you should NEVE EVER ring a DCA!!

 

they are NOT BAILIFFS!!

 

what the debt all about?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what the YB Credit card one

thought that was an AEO?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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