N Rock Claimform 2005 £11k Loan. did settle by consent, missed payments, NR got CCJ/rest k, heard noting till now sold to marlin/mortimer - getting threat letters

[slick132]

Hi Pips,

 

I hope that the settlement agreement brings you something resembling normality and sanity.

 

I'm sure this is a big weight off your shoulders.

 

[Pipster2797]

Hi

 

Been a long while since I have been on here and thought this was all behind me but this case has reared up again. Just to give a summary:

 

- Creditor got a CCJ some time in 2011

- Creditor got a Charging Order a few weeks after the CCJ back in 2011.

- Property was a joint mortgage with an ex partner.

- Debt for CCJ was in my sole name

- Property was sold in Autumn 2018

- Charging Order wasn't paid with the sale proceeds as the charging order was a Standard Form K Restriction and the only requirement was for the buyer to inform them of the sale of the house.

 

Now in September 2022 I have heard from the solictors telling the debt still needs to be repaid. I ignored at first as to thought they were just trying their luck but had another letter from them and still think they are just trying to drum up business and trying to scare me into paying, which won't be happening.

 

I've attached the latest letter from them. In it it states that a CCJ was obatined (It was in 2011) , it also states that a CCJ has been secured against my property by way of a charging order (it was but on an old property that has now been sold). My thoughts are that it is just scare tactics to trick me into thinking that the CO is on my current property but I know it isn't.

 

My initial thoughts would be to send a Stature Barred letter to do them but I know techincally the CCJ wouldn't be SB but not much chance of a court allowing them to collect on a CCJ that is over 11 years old.

 

I thought I would post this up to ask for anyones advice or to help someone else in the future that might search for something similar.

 

Thanks

Page 1.pdf

[dx100uk]

which of your existing threads?

 

dx

 

[Ethel Street]

The letter says that "... you have not been repaying this [the CCJ] on a regular basis".

 

Have you actually repaid any of CCJ debt since the court case in 2011 or is the solicitor just using slippery words? If you have made payments when did you last pay anything?

[Pipster2797]

was originally with N Rock for an unsecured loan. It originally had PPI on it, which I claimed back 

 

I was in a bad place and had a lot of debt at the time but tried to deal with this particular case on my own with information I had gathered from my other cases. I didn’t start a thread for this case. Like I say, I was in a bad way back then.
 

At the time I also had a 2nd unsecured loan from an old together mortgage but this particular loan they got the CCJ for wasn’t part of the together mortgage, it was separate.

 

 the northern rock loan that they got the CCJ on and the one I am getting the letter for now was originally stated as I did a Tomlin Order and when my health got bad I couldn’t maintain it and they got a summary judgement on me and also a charging order on the house.

 

When the property in question was sold the restriction in place, the solicitor sent letters to each of the company’s that had the charge on the land registry but they never replied. I have emails from the solicitors confirming this back in 2018.

 

I must have made some payments to them but at the VERY VERY VERY LATEST the last payment would of been in 2012. So nothing has been paid since and I haven’t heard anything from anyone until now about this case.

[dx100uk]

i notice ive merged two unrelated threads 

i'll sort that later. (edit : now done)

 

dx

[Pipster2797]

Ok thank you

[Pipster2797]

Hi

 

The thread you merged is from a together mortgage. This isn’t the loan I was posting about. Around 2003-2007 stupidly got myself in a mess. I wasn’t in a great place and due to an ex I took out loans etc in my name and then after the crash of 2008 I was made redundant and tried to pay loans and credits cards off with DMP for a while until the point I couldn’t cope and my health took a really bad turn. 
 

The one I was posting about I don’t think I got advice from at the time back in 2011.

 

I have managed to turn things round until these letters from Mortimer Clarke started turning up.

 

The letters I have been getting from Mortimer Clarke are for a different standard loan that they got a CCJ for and then a charging order.
 

The thread you merged was for an old together  mortgage I had with Northern Rock that was redeemed back in April 2003. The unsecured part of that mortgage was never redeemed and I had asked for the CCA because the interest rates on the loan at the time were a lot higher than I thought it was meant to be but when I got a copy of the CCA it was totally unreadable.

 

it’s not the easiest of situations to understand and it was of course such a long time ago.

 

 

[unclebulgaria67]

@dx100uk& @Pipster2797

 

Have separated threads out.

 

 

[dx100uk]

Didn't finish last night but I will later 

Still doing the documents

 

Dx

[dx100uk]

there is a thread, you did make one. i've now merged them

 

the other together linked loan has its own thread

 

though i find it strange you appear to have settled just before the court case, but i think you missed payments so they automatically got a CCJ/CO ??

i've still more work to do later on the merging

 

dx

 

 

[Pipster2797]

Sorry it was so long ago. I can remember paying something towards it and having an agreement to pay a set amount, it was around the time of my health declining and I couldn’t maintain the payment and yes they got the CCJ and also the CO. That was 2011 and no payments have been paid since 2012 at the very latest. At the time I just didn’t have the fight in me anymore.

 

the link you posted above the very last page of it seems to amount the together unsecured. Not sure if I’ve got mixed up with it when posting back then.

like I said originally yesterday I have heard nothing since 2012, the property with the CO was sold in 2018 and they were written to explaining the property was being sold. I have an  email from my conveyancing solicitor to confirm this. It also explained that I was not intending to pay off the amount with the proceeds of the sale. So the restriction was meant as they were informed.

 

My gut is telling me it is nothing more than a fishing letter on a dormant account and they are trying their luck to see what they can get or if I will respond. 

 

[dx100uk]

oh its a phishing letter . let them get on with it.

 

as for the last few posts being regarding the together loan, i thought that too, you had gotten yourself mixed up too.

they were a bugger to sort out, as some posts in each thread were about the other loan.

 

i'll check things through later tonight and that should result in just 2 threads then.

 

 

[Pipster2797]

Ok thank you so much for the help.

 

my only worry with them is if I ignore them and do nothing is that they contact the court to try and enforce it.

[unclebulgaria67]

They already have the charging order, but of course they would prefer to have some regular money before the property is eventually sold.

 

If they wanted to proceed with order for sale of the property, they would have to start Court proceedings to do so and you would have opportunity to defend against the action.

 

Up to you, but you could work out what you could afford to pay each month and offer them payment in writing. If the amount is small, they might reject, as it may cost more to process.  But if they ever did try to go to Court, you have evidence of offering them affordable payment amount. 

[Pipster2797]

I don’t think you understand, the property the charging order was on has already been sold. It was sold in 2018. As the loan was in my sole name and the property in a joint name with my ex partner the charging order was just a restriction. My conveyancing solicitor wrote to the contact that was on the charging order on the Land Registry record and advised them of the sale of the house and I was not intending to use any monies from the sale to pay off the loan. They never got a reply.

 

The letter from Mortimer Clarke chasing the debt up, clearly shows they do not know the property has been sold and I believe it is just a fishing letter on the hope I pay something. Or if I ignore then for them to contact the court and try enforce it sneakily and I get a Bailiff at the door.

 

I would rather try and nip this is in the bud and put it to bed.

 

Back when I found myself in trouble with a number of debts, 2 of them ended up with CCJs and Charging Orders. This Northern Rock one and also a different one with a different lender HFC.
 

Mortimer Clarke to the best of my memory have never been involved with the Northern Rock loan, until now. 
 

They were however involved with the HFC loan and charging order.
 

After the property was sold in 2018 they contacted me saying I must use the funds to pay off the loan that was originally with HFC.

 

As with the Northern Rock one, no payments had been paid to that one since pre 2012. So I left it.

 

I do not know if they link their accounts together but Mortimer Clarke knew via the HFC loan that the property had been sold at the time back in 2018.

 

I’ve since worked hard to get my life back together, in a steady job and have a new house with my partner and do not currently have any debts and have learnt from past lessons. I really do not want this to plaque me again. I went through a very bad time when this was all going on and it hugely contributed to a big decline in my health. 
 

As I said earlier my only worry is they sneakily try and enforce it through the court and I end up with a bailiff at the door. I know any respectable court would ask why they haven’t attempted to enforce the CCJ for over 10 years but I do not trust the court to do this and they just allow Mortimer Clarke to enforce it.

[dx100uk]

Agree just let it run.

They cant force anything through, and even if they did, the bailiffs would be all but powerless, its as a result of consumer credit debt so no right of forced entry anyway.

 

Who are mortimers stated client? Cabot?

 

Dx

[Pipster2797]

Good question. I really don’t know who owns the debt now. No idea if it has been sold on to a new DCA and hence why they are trying their luck to scare me into paying something.

 

My thoughts are the same as yours though and that I ignore it for now. I was just worried they would sneakily manage to enforce it somehow because in all honesty I do not trust the court to do what is right and follow the law and that they would side with the claimant 

[dx100uk]

the mortimer clark letters will state who the client is at the top ....Our Client:..xxxxx

typical this will be Cabot.

 

i'd 100% guarantee this was sold by NR years ago, in fact there are several like old NR threads here now cabot.

 

and as for mortimer, its a favourite scam of theirs to send out letters chasing old CCJ's/CO's that are no longer technically enforceable.

 

dx

 

[Pipster2797]

You’re right it is Marlin

[dx100uk]

yea i just went and looked ...marlin 

 

an marlin are part of the cabot group..

 

though so these threads stick in my mind, they've tried with several users to scam money on old useless CCJ's/CO's.

 

have you written to anyone regarding this debacle telling then you correct and current address since you moved?

[unclebulgaria67]

Did not read the bit about the property having been sold.  Really bad error by the people managing the debt to ensure land registry had an up to date contact point for the debt.

 

Could Mortimer Clarke really go back to the Court for other enforcement action at this point ?

 

 

[Pipster2797]

Nope………always wonder how they get your new address. Since the CCJ I have moved 3 times.

[Pipster2797]

I have read that the court would be unlikely to enforce it now after so long and yes I am cynical but I don’t trust the court

[unclebulgaria67]

Creditors obtain addresses through credit reference agencies.

 

Very difficult to be off radar.  Untility Bills, Banking, Insurance will update your CRA records.