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Mortimer clarke debt

11 replies

Dontgetdebtpet · 10/06/2024 12:15

I have a really old debt, it's about 10 years old, thousands of pounds, and I am making regular payments towards it to Mortimer clarke ( I don't trust them, that's another story)

They sent a letter saying I can pay an amount, say 1000 and the account will be closed.

They say, if you accept the offer, and make a payment to settle, the judgement will appear on your credit file and remain there for 6 years

I have never had a ccj for this debt. Are they saying that if I settle the debt with them, with the offer that they have made me, that they will then whack a brand new ccj on my account? Can they do that?

Thank you!

OP posts:
ototot · 10/06/2024 12:43

Have you rang them to ask?

You should get independent advice, ring stepchange and get their help/advice with this

BerlinSky · 10/06/2024 13:50

I think this means it will show as a settled debt on your account, not that they'll give you a CCJ. I think it will show as a 'full and final' settlement but for a lesser amount than the full debt.

KissUponTheWind · 10/06/2024 14:14

Can I ask if you were defaulted for this debt? If so when?

What type of debt is it op?

Dontgetdebtpet · 10/06/2024 14:27

The debt was for a loan I took out for someone else, they failed to make the payments, obviously my fault, and in my name. Since the debt moved to MC, I've made regular small payments, and the debt is not accruing interest.

OP posts:
Furrydogmum · 10/06/2024 14:30

If the debt is for much more than the settlement they're offering, I would do it personally - unless the 6yr stain will affect you.

Dontgetdebtpet · 10/06/2024 14:30

I don't want to ring them. They offered me a1000 offer to pay it off before. I called to offer 800, and then they said that the offer was going up to 3000. That's why I don't want to call them, I don't trust them not to change the offer from under my feet again if they get wind that I might want to pay it

OP posts:
Dontgetdebtpet · 10/06/2024 14:33

Furrydogmum yes I want to pay it, it seems weird that settling the account will trigger a brand new ccj against me. It seems strange that a judge would sign off on a ccj on a settled account. Yet that is their wording.

OP posts:
KissUponTheWind · 10/06/2024 14:35

Dontgetdebtpet · 10/06/2024 14:27

The debt was for a loan I took out for someone else, they failed to make the payments, obviously my fault, and in my name. Since the debt moved to MC, I've made regular small payments, and the debt is not accruing interest.

Thanks for the information pet Have they issued you a default notice and has it been listed on your credit report?

KissUponTheWind · 10/06/2024 14:37

Settling will not in any way trigger a CCJ.

Dontgetdebtpet · 10/06/2024 14:38

There has never been any sort of notice on my credit report for this debt. The debt left my credit report years ago. There may have been a default notice, if there was I am not aware. A bank owned the debt before they transferred it to MC. I personally didn't receive correspondence from the bank, address moves to blame maybe. I have only had correspondence from MC about it, and none mentioned a default notice.

OP posts:
KissUponTheWind · 10/06/2024 15:04

I wouldn't trust them either.

The offer is a bribe. They're likely hiding a weak hand.

Send for a Subject Access Request from Mortimer. That will unearth any default and you're get a clearer picture on where you stand.

https://ico.org.uk/for-the-public/getting-copies-of-your-information-subject-access-request/#:~:text=You%20have%20the%20right%20to,a%20SAR%20or%20a%20DSAR.

Also

Send for a copy of your credit agreement and statement under the 1974 Consumer Credit Act. Until they can produce that they can't take you to court. Many creditors eg Barclaycard fail on this point due to data retention.

https://nationaldebtline.org/get-information/sample-letters/information-about-your-agreement-under-consumer-credit-act/#:~:text=I%20We%20understand%20that%20under,I%20We%20we%20request%20it.

The two requests above will put the cat among the proverbial pigeons.

Also worth posting on Debt camel

Good luck!

Getting copies of your information (SAR)

https://ico.org.uk/for-the-public/getting-copies-of-your-information-subject-access-request#:~:text=You%20have%20the%20right%20to,a%20SAR%20or%20a%20DSAR.

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