Mortimer Clarke Solicitors is the in-house law firm for Cabot Credit Management, one of the UK’s largest debt purchasers. Unlike standard debt collectors, they’re a regulated firm of solicitors — which means when they threaten court action, they have the legal team to follow through. They’re legitimate, but you have rights, and there are specific steps you should take before paying anything.
Who Are Mortimer Clarke Solicitors?#
Full legal name: Mortimer Clarke Solicitors Limited Company number: 06211733 (incorporated 17 April 2007) Registered office: 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP SRA ID: 622915 (Solicitors Regulation Authority — primary regulator) FCA Firm Reference Number: 912356 VAT number: 725 0370 61
The Alternative Business Structure (ABS)#
Mortimer Clarke operates as an Alternative Business Structure (ABS), which means they’re a law firm owned by a non-law firm. This ABS status was granted by the Solicitors Regulation Authority and allows Cabot Credit Management Group Limited to own the firm outright.
The ultimate parent company is Encore Capital Group, Inc., a Nasdaq-listed international specialty finance company. Cabot acquired Mortimer Clarke in July 2015 following the SRA’s approval of the ABS structure.
This is not an independent law firm. It’s a litigation unit built directly into a debt purchasing operation. This integration is the key to understanding how they operate.
Who’s Actually Running It?#
The firm is supervised by a small core of qualified solicitors:
- Sandra Isabel Bayne — Principal Solicitor and Compliance Officer for Legal Practice (COLP), qualified in 2000
- Helen Jane Costen — Registered solicitor
- Louise Campbell — Registered solicitor
However, the day-to-day calls and letters you receive are handled by “Litigation Customer Consultants” — paralegals and agents who are not qualified solicitors but are trained specifically in debt recovery procedures and the Civil Procedure Rules.
This model allows the firm to maintain the status and legal powers of a law firm while operating with the scale and efficiency of a high-volume call centre.
Regulatory Status#
Mortimer Clarke is subject to dual regulation, which is unusual:
Solicitors Regulation Authority (SRA) — Primary regulator. SRA ID: 622915.
- Must follow the SRA Code of Conduct: act with integrity, uphold the rule of law, treat third parties fairly, not take unfair advantage.
- Subject to SRA complaints procedures and disciplinary action.
- As of current records, there are no published SRA disciplinary decisions against the firm.
Financial Conduct Authority (FCA) — Secondary regulator. FRN: 912356.
- Must comply with FCA CONC rules (Consumer Credit sourcebook): fair treatment of customers, no harassment, vulnerability protocols.
- Subject to Financial Ombudsman Service jurisdiction.
This dual regulation is both a power and a constraint:
- Power: The “solicitor” status gives their letters more legal weight and creates psychological pressure.
- Constraint: They’re held to higher regulatory standards than standard debt collection agencies. SRA complaints are taken very seriously and can threaten a firm’s ability to practice law.
Why Mortimer Clarke Is Different From Standard Debt Collectors#
This is the critical distinction that many debtors — and even some advice sites — fail to understand.
Standard debt collection agencies (Cabot Financial, Lowell, PDCS, Wescot) send letters threatening legal action, but they rarely follow through. To take you to court, they would need to:
- Transfer the file to an external solicitor.
- Wait for that solicitor to review the file.
- Pay legal fees upfront.
- Go through a bureaucratic handover process.
This is slow, expensive, and inefficient. As a result, most standard DCAs rely on phone pressure and threatening letters but never actually litigate.
Mortimer Clarke is fundamentally different.
They ARE the law firm. They issue County Court proceedings directly, in-house, as part of their daily workflow.
The Litigation Factory#
Mortimer Clarke uses an integrated case management system that automatically triggers the Pre-Action Protocol for Debt Claims when an account meets specific litigation criteria. The firm can handle thousands of claims simultaneously across multiple debt sectors.
The entire process from Letter Before Action to County Court Judgment (CCJ) can take as little as 45-60 days if you don’t respond.
The Debt Purchase Economics#
Here’s why they litigate so aggressively:
Cabot buys defaulted debt portfolios from banks and other creditors at a steep discount — often 5-10 pence for every £1 owed.
For example:
- Original debt: £2,000
- Cabot purchase price: £200 (10p per £1)
- Mortimer Clarke target recovery: £2,000 + court costs + interest = £2,250+
Even if you settle at 70%, Cabot still makes a massive profit. And because Mortimer Clarke is in-house, the “solicitor costs” added at each stage of litigation are effectively internal revenue for the Cabot Group.
Litigation is a profit centre, not a last resort.
When Mortimer Clarke says “we will issue proceedings” — take it seriously. It’s their core business function, not an idle threat.
The Letter Before Claim — What It Means#
The Letter Before Claim (LBC) or Letter Before Action (LBA) is the most serious communication you’ll receive from Mortimer Clarke. It’s the document that creates the “threatening” perception and drives the highest search engagement.
What the Law Requires#
Under the Pre-Action Protocol for Debt Claims, Mortimer Clarke must send this letter before they can issue court proceedings. The letter must include:
- The amount of the debt — principal, interest, and any charges.
- Details of the original agreement — who you originally owed and when the debt arose.
- Whether interest is being claimed — and at what rate.
- A Reply Form — standardised form for you to respond.
- A Financial Statement form — for you to disclose your income and expenditure.
The 30-Day Protection Window#
You have 30 days to respond after receiving the LBC. This is your legal protection window under the Pre-Action Protocol.
Some Mortimer Clarke letters impose shorter deadlines — 7 days, 14 days — to create artificial urgency. Ignore these shorter deadlines. The Pre-Action Protocol mandates a minimum 30-day response period. If they issue proceedings before 30 days have elapsed, you can challenge the claim as non-compliant with the protocol.
What the Letter Threatens#
The LBC will typically reference specific enforcement actions that can be taken after a County Court Judgment (CCJ) is obtained:
| Enforcement Type | Requires | Realistic Timeline |
|---|---|---|
| County Court Judgment (CCJ) | Claim issued + no defence filed | 45-60 days from LBC if you don’t respond |
| Bailiff enforcement (Warrant of Control) | CCJ + missed payment + warrant application | Cannot happen without a CCJ first |
| Attachment of earnings | CCJ + court application | Effective if you’re in stable employment |
| Charging order (on property) | CCJ + property ownership + court hearing | Used mainly for larger debts against homeowners |
| Bankruptcy | Debt over £5,000 + statutory demand | Highly unlikely for standard consumer credit |
Critical point: None of these enforcement actions can happen before a CCJ is obtained. The threat is that Mortimer Clarke can obtain a CCJ quickly if you don’t respond.
DO NOT Ignore This Letter#
Responding to the LBC does NOT mean you’re admitting the debt or agreeing to pay.
It means:
- Disputing the debt if you don’t recognise it.
- Requesting proof of the debt (see below).
- Submitting a financial statement showing what you can afford.
- Seeking advice from a debt adviser.
If you ignore the LBC and Mortimer Clarke issues a claim, the court will grant a default judgment (CCJ) — even if the debt is disputed or time-barred. Your silence is interpreted as acceptance.
What Happens If You Ignore Mortimer Clarke?#
Ignoring Mortimer Clarke is significantly more dangerous than ignoring a standard debt collection agency.
The Timeline#
- Amicable phase — Standard collection letters and calls from Cabot or Mortimer Clarke agents.
- Pre-Action phase — Letter Before Claim sent. 30-day response window begins.
- Litigation phase — If no response within 30 days, Mortimer Clarke issues a County Court claim.
- Judgment in Default — If you don’t file a defence within 14 days of receiving the claim, the court grants a CCJ automatically.
- Enforcement phase — Mortimer Clarke applies for enforcement:
- Warrant of Control — Bailiffs (enforcement agents) can attend your home to seize goods.
- Attachment of earnings — Money taken directly from your wages via your employer.
- Charging order — A charge placed against your property (if you’re a homeowner) for larger debts.
- Bankruptcy petition — For debts over £5,000 (rare but possible).
Total timeline: As little as 45-60 days from LBC to CCJ if you remain non-responsive.
What a CCJ Means#
A County Court Judgment:
- Stays on your credit file for 6 years, even if you pay it off.
- Makes it extremely difficult to get credit, mortgages, or even mobile phone contracts.
- Can lead to bailiff action, wage deductions, or property charges if you don’t pay.
- Costs you additional court fees and solicitor costs (see below).
Once a CCJ is entered, Mortimer Clarke’s leverage is at its highest. Settlement becomes much harder. Your options narrow dramatically.
The message: Respond to the LBC, even if you’re disputing the debt or cannot afford to pay. Silence is the worst strategy.
Court Costs — What Gets Added to Your Debt#
When Mortimer Clarke issues a County Court claim, court fees and fixed solicitor costs are added to your balance. These costs are governed by Part 45 of the Civil Procedure Rules (CPR).
The Cost Table#
| Claim Value | Court Fee (Online) | Fixed Solicitor Costs (Issue) | Total Added |
|---|---|---|---|
| Up to £300 | £35 | £50 | £85 |
| £300.01 to £500 | £50 | £50 | £100 |
| £500.01 to £1,000 | £70 | £70 | £140 |
| £1,000.01 to £1,500 | £80 | £80 | £160 |
| £1,500.01 to £3,000 | £115 | £80 | £195 |
| £3,000.01 to £5,000 | £205 | £80 | £285 |
| £5,000.01 to £10,000 | £455 | £100 | £555 |
| £10,000.01 to £200,000 | 5% of value | £100 | 5% + £100 |
Plus: Statutory interest at 8% per year under the County Courts Act 1984.
Example:#
You owe £2,000. Mortimer Clarke issues a claim.
- Original debt: £2,000
- Court fee: £115
- Solicitor costs: £80
- Interest (1 year at 8%): £160
- New total: £2,355
Because Mortimer Clarke is in-house, these “solicitor costs” are internal revenue for the Cabot Group. They have a financial incentive to litigate rather than settle.
How to Challenge a Mortimer Clarke Debt#
Before you pay anything, or even acknowledge the debt, you should verify that:
- The debt is actually yours.
- Cabot/Mortimer Clarke legally owns it.
- The amount is correct.
Request Proof#
Send a written request to Mortimer Clarke demanding:
- Copy of the original signed credit agreement — Under sections 77 or 78 of the Consumer Credit Act 1974, they must provide this if requested.
- Full statement of account — Showing how the balance was calculated, including all interest and charges.
- Notice of Assignment — Proving that Cabot legally owns the debt (if the debt was purchased from the original creditor).
If Mortimer Clarke cannot produce the original signed credit agreement, the debt may be unenforceable in court. This doesn’t make the debt disappear, but it means they cannot obtain a CCJ to enforce it.
Use the Reply Form#
The Letter Before Claim includes a Reply Form. Use it to:
- Dispute the debt if you don’t recognise it.
- Request proof of the debt.
- Propose a payment plan based on your income and expenditure.
Respond within the 30-day window. Even if you’re disputing, a response shows the court you’re engaging seriously.
Send Everything in Writing#
Always communicate in writing (letter or email) and keep copies. This creates a paper trail that protects you if the case goes to court.
Who Do Mortimer Clarke Collect For?#
Mortimer Clarke acts exclusively for debt portfolios owned or serviced by Cabot Credit Management.
The debts they pursue were originally owed to:
- Credit card companies: Barclaycard, HSBC, Lloyds, Santander, NatWest, RBS.
- Personal loan providers: Banks and finance companies.
- Telecommunications: EE, Vodafone, mobile phone contracts.
- Utilities: Water and energy companies.
- Retail and catalogue: Store cards and catalogue accounts.
- Private parking: Some parking enforcement litigation.
They do NOT typically handle:
- Council tax — This is handled by local authorities and certificated bailiffs.
- HMRC debts — Tax and national insurance arrears.
- Other government debts — These follow different enforcement procedures.
Why Don’t You Recognise the Original Creditor?#
Debt portfolios are often sold multiple times. The debt might have started with Barclaycard, been sold to a debt purchase company, then sold again to Cabot. Each sale should be accompanied by a Notice of Assignment informing you of the transfer.
If you don’t recognise the original creditor, demand full documentation showing the chain of ownership.
Why Do Mortimer Clarke Keep Calling?#
Persistent calling is a deliberate strategy to pressure you into a payment arrangement before the file moves to litigation.
The Automated Dialing System#
Mortimer Clarke uses automated dialers that cycle through your phone numbers repeatedly. The system will continue to call until:
- A “successful” contact is made (you answer and engage).
- The account status is manually changed (e.g., you request written-only contact).
- The file is escalated to the litigation team.
FCA CONC Rules Apply#
Even though Mortimer Clarke is a law firm, their collection activities are subject to FCA CONC 7.9 rules:
- They must not contact you at unreasonable times (e.g., late at night or early morning).
- They must not contact you too frequently or in a way that amounts to harassment.
- They must stop calling if you explicitly request written-only contact.
What Trustpilot Reviews Say#
Reviews on Trustpilot (average rating 1.5-2.5 stars) frequently mention:
- Daily calls even after expressing financial hardship.
- Agents being aggressive or refusing to accept low payment offers.
- Difficulty getting the firm to respond to emails, forcing debtors to call back and spend long periods on hold.
- CCJs appearing on credit files for debts the debtor was never properly contacted about (often due to the firm using old addresses).
A small subset of reviews praise individual agents for being polite and helpful in setting up affordable plans, suggesting that the experience varies depending on which agent you speak to.
How to Stop the Calls#
Write to Mortimer Clarke (or email) stating:
“I request that all future communication regarding this debt be in writing only. Do not contact me by telephone, text message, or in person. This is a formal request under FCA CONC rules.”
Send this by recorded delivery or email with a read receipt. Keep a copy.
If calls continue after this request, you have grounds to complain to:
- The Financial Ombudsman Service (FCA breach).
- The Solicitors Regulation Authority (breach of solicitor conduct rules).
This is a double avenue of complaint that standard debt collection agencies don’t face.
Can Mortimer Clarke Send Bailiffs?#
Not directly.
Bailiffs (enforcement agents) can only attend your home after:
- Mortimer Clarke obtains a County Court Judgment (CCJ).
- You miss payments on the CCJ.
- Mortimer Clarke applies to the court for a Warrant of Control.
Mortimer Clarke themselves have no power to force entry, seize goods, or enforce anything without a court order.
However, because they can obtain CCJs quickly (45-60 days from LBC if you don’t respond), the path to bailiff enforcement is shorter than with a standard debt collection agency that would need to instruct external solicitors.
If you’re facing actual bailiff action from Mortimer Clarke, it means:
- A CCJ has already been granted.
- You’ve missed payments on that CCJ.
- A Warrant of Control has been issued.
For more on bailiffs and your rights: Understanding Bailiffs and Your Rights
Can You Settle a Mortimer Clarke Debt for Less?#
Yes, but your leverage depends on the timing and your ability to demonstrate hardship.
Pre-Litigation Settlement (Before or During the LBC 30-Day Window)#
This is when you have the most leverage. Mortimer Clarke will save:
- Court fees
- Time and administrative costs
- The risk that you’ll defend the claim or dispute the debt
Realistic settlement range: 70-80% of the balance if you offer a lump sum.
Remember: Cabot bought the debt at 5-10p per £1. Even a 70% settlement is hugely profitable for them.
Post-CCJ Settlement#
Once a CCJ is obtained, Mortimer Clarke’s leverage is at its highest. They now have a court order, and they can pursue enforcement.
Settlements at this stage are much harder. Expect to pay close to 100% of the judgment debt plus interest and costs.
The Vulnerability Factor#
If you’re in severe financial hardship or have vulnerabilities (mental health issues, serious illness, disability), you may be able to negotiate a lower settlement or even a write-off.
You need to provide evidence:
- Medical letters
- Benefit statements (Universal Credit, PIP, ESA)
- Proof of income and essential expenditure
Consider applying for Breathing Space (Debt Respite Scheme) — a 60-day legal protection that:
- Freezes all interest and charges.
- Stops enforcement action (including court proceedings).
- Gives you time to seek debt advice.
Multiple Debts?#
If you owe money to Mortimer Clarke/Cabot and other creditors, and your total unsecured debts exceed £6,000, an Individual Voluntary Arrangement (IVA) could include all of them.
An IVA:
- Writes off unaffordable debt (typically 25-75% write-off).
- Stops all creditor contact and enforcement.
- Freezes interest and charges.
- Gives you one affordable monthly payment for 5-6 years.
Find out if you qualify: IVA Calculator Learn more: What Is an IVA?
In Scotland: Protected Trust Deed
Get It in Writing#
If Mortimer Clarke agrees to a settlement, get the agreement in writing before paying. The letter should confirm:
- The settlement amount.
- That this payment is “in full and final settlement” of the debt.
- That no further legal action will be taken.
- How the account will be reported to credit reference agencies.
Is Your Mortimer Clarke Debt Statute-Barred?#
Under the Limitation Act 1980, most unsecured debts become unenforceable in court after:
- 6 years in England and Wales.
- 5 years in Scotland.
The 6-year period starts from the date of your last payment or last written acknowledgement of the debt.
The Law for Solicitor Firms#
Solicitor firms are prohibited from litigating on a debt they know is statute-barred. This is a breach of the SRA Code of Conduct.
However, the burden of proof often falls on you, the debtor.
The Statute-Barred Trap#
Here’s where many debtors go wrong:
Mortimer Clarke may contact you about a debt that’s 8 or 10 years old, hoping you’ll:
- Make a payment (even £1) — this restarts the 6-year clock.
- Acknowledge the debt in writing — this also restarts the clock.
If you ignore the Letter Before Claim for a statute-barred debt, and Mortimer Clarke issues a claim, and you don’t file a defence citing the Limitation Act, the court will grant a default CCJ.
Your silence = their judgment.
How to Respond#
If you receive an LBC for a debt you believe is statute-barred:
- Do NOT make any payment.
- Do NOT acknowledge the debt in writing (e.g., “I can’t pay this” = acknowledgement).
- Respond to the LBC stating:
“This debt is statute-barred under the Limitation Act 1980. My last payment was on [date, if you know it]. I will not be making any payment. If you issue proceedings, I will defend the claim on the grounds that the debt is time-barred.”
- If they issue a claim anyway, file a defence citing the Limitation Act. You can do this online via the MCOL system or by returning the defence form.
For more detail: Statute of Limitations and Debt
Your Rights When Dealing with Mortimer Clarke#
Mortimer Clarke’s status as a law firm gives you more protections than you’d have with a standard debt collection agency.
SRA Code of Conduct#
As SRA-regulated solicitors, they must:
- Act with integrity.
- Treat third parties fairly and not take unfair advantage.
- Uphold the rule of law.
- Not mislead or allow the court to be misled.
If they breach these principles, you can complain to the Solicitors Regulation Authority (SRA), which has the power to fine, suspend, or strike off solicitors.
FCA CONC Rules#
As FCA-authorised debt collectors, they must:
- Treat you fairly.
- Not harass you or contact you too frequently.
- Identify and support vulnerable customers.
- Stop contacting you if you request written-only communication.
If they breach these rules, you can complain to the Financial Ombudsman Service (FOS), which can order them to pay compensation.
Your Specific Rights#
You can:
- Request written-only contact (stops phone calls).
- Demand proof of the debt (CCA request + Notice of Assignment).
- Respond to the LBC with a dispute or financial statement.
- Apply for Breathing Space (60 days of protection, freezes interest and enforcement).
- File a defence if they issue a court claim (especially for statute-barred debts or disputed amounts).
- Complain to TWO regulators: FOS (FCA) and SRA (solicitor conduct).
How to Stop Mortimer Clarke#
You have several options, depending on your situation:
Option 1: Respond to the LBC#
Use the 30-day window to:
- Dispute the debt if you don’t recognise it.
- Request proof (CCA + Notice of Assignment).
- Submit a financial statement showing what you can afford.
This buys you time and shows you’re engaging seriously.
Option 2: Settle#
If you can afford a lump sum, offer a settlement during the 30-day window for maximum leverage. Aim for 70-80% of the balance.
Get the agreement in writing before paying.
Option 3: Set Up an Affordable Payment Plan#
Use the Financial Statement form included with the LBC to show your income and essential expenditure.
Mortimer Clarke must accept an affordable plan based on your disposable income (FCA rules). They cannot force you to pay more than you can afford.
Option 4: Request Written-Only Contact#
If the phone calls are overwhelming, write to them requesting written communication only. This stops the calls (and if they continue, you can complain to the FOS and SRA).
Option 5: Breathing Space#
Apply for Breathing Space (Debt Respite Scheme) through a debt adviser. This gives you 60 days of legal protection:
- All interest and charges frozen.
- All enforcement action stopped (including court proceedings).
- Time to seek professional debt advice.
Option 6: IVA or Trust Deed#
If you have multiple debts totalling £6,000+, an Individual Voluntary Arrangement (IVA) can:
- Write off unaffordable debt (25-75% typical write-off).
- Stop all creditor contact and enforcement.
- Freeze all interest and charges.
- Give you one affordable monthly payment for 5-6 years.
Find out if you qualify: IVA Calculator
In Scotland: Protected Trust Deed
Option 7: Defend on Limitation Grounds#
If the debt is statute-barred, respond to the LBC stating this clearly. If they issue a claim anyway, file a defence citing the Limitation Act 1980.
What NOT to Do#
Do NOT just ignore them.
Ignoring Mortimer Clarke is the worst strategy. They’re a dedicated litigation firm. They will issue proceedings, obtain a default CCJ, and pursue enforcement.
Even if you’re disputing the debt or can’t afford to pay, respond. Silence is interpreted as acceptance.
Mortimer Clarke Contact Details#
Registered Office: Mortimer Clarke Solicitors Limited 16-22 Grafton Road Worthing West Sussex BN11 1QP
Phone: 0333 121 4454 Website: mortimerclarke.co.uk
For Complaints: Write to the above address, marked “Complaints”.
Include:
- Your name and address.
- Account reference number.
- Details of your complaint.
- What you want them to do.
Regulatory Contacts#
Solicitors Regulation Authority (SRA) (For solicitor conduct issues) SRA ID: 622915 Website: sra.org.uk/consumers
Financial Ombudsman Service (FOS) (For FCA/debt collection issues) Phone: 0800 023 4567 Website: financial-ombudsman.org.uk
If Mortimer Clarke doesn’t resolve your complaint within 8 weeks, you can escalate to the FOS. The FOS can order them to pay compensation.
Information Commissioner’s Office (ICO) (For data protection issues) Phone: 0303 123 1113 Website: ico.org.uk
If you’re struggling with debt and want to find out what options are available, use our free IVA calculator to see how much you could write off.
Frequently Asked Questions#
Are Mortimer Clarke real solicitors?#
Yes. Mortimer Clarke Solicitors Limited (SRA ID: 622915) is a fully regulated law firm authorised by the Solicitors Regulation Authority. However, they’re not an independent practice — they’re owned by Cabot Credit Management (part of the Encore Capital Group) under an Alternative Business Structure (ABS). The firm employs qualified solicitors who supervise litigation, but day-to-day contact is handled by paralegals and agents.
Who owns Mortimer Clarke Solicitors?#
Mortimer Clarke is owned by Cabot Credit Management Group Limited, which is ultimately owned by Encore Capital Group, Inc., a Nasdaq-listed international specialty finance company. Cabot acquired Mortimer Clarke in July 2015. The firm operates as the in-house litigation arm for Cabot’s debt purchasing operations.
Can Mortimer Clarke take me to court?#
Yes. Unlike standard debt collectors who must instruct external solicitors, Mortimer Clarke can issue County Court proceedings directly and in-house. This is their core business function. The entire process from Letter Before Claim to CCJ can take as little as 45-60 days if you don’t respond. When they threaten court action, they have the infrastructure to follow through immediately.
How quickly can Mortimer Clarke get a CCJ?#
If you don’t respond to the Letter Before Claim or defend the County Court claim, Mortimer Clarke can obtain a default judgment (CCJ) in as little as 45-60 days from the date of the LBC. Once the CCJ is granted, it stays on your credit file for 6 years even if you pay it off, and Mortimer Clarke can pursue enforcement (bailiffs, wage deductions, charging orders).
Can I negotiate with Mortimer Clarke?#
Yes, but negotiation is more rigid than with standard debt collectors. Agents work under “litigation mandates” requiring senior approval for lower settlement offers. Your best leverage is before or during the 30-day LBC window, when they’ll save court costs by settling. Realistic pre-litigation settlements are 70-80% of the balance for lump sums. Post-CCJ, expect close to 100%.
Why do Mortimer Clarke keep calling me?#
Persistent calling is a deliberate strategy to pressure you into a payment arrangement before the file escalates to litigation. They use automated dialers that cycle through your numbers. Under FCA CONC rules, they must not contact you too frequently or in a way that amounts to harassment. You can request written-only contact in writing, and if calls continue after that, you can complain to the Financial Ombudsman Service and the SRA.
Can Mortimer Clarke send bailiffs to my home?#
Not directly. Bailiffs (enforcement agents) can only attend after: (1) Mortimer Clarke obtains a County Court Judgment, (2) you miss payments on the CCJ, and (3) they apply for a Warrant of Control. Mortimer Clarke themselves have no power to force entry or seize goods without a court order. However, because they can obtain CCJs quickly (45-60 days), the path to bailiff enforcement is shorter than with standard debt collectors.
Is Mortimer Clarke the same as Cabot?#
No. Cabot Credit Management (also known as Cabot Financial) is the debt purchasing company that buys defaulted debt portfolios from banks and other creditors. Mortimer Clarke Solicitors is the in-house law firm owned by Cabot that handles litigation to recover those debts. You may receive letters from both — Cabot for “amicable” collections, and Mortimer Clarke when the file escalates to legal action.
What should I do if I get a Letter Before Claim?#
Do NOT ignore it. You have 30 days to respond. Use this window to: (1) Request proof of the debt (CCA + Notice of Assignment), (2) Dispute the debt if you don’t recognise it, (3) Submit a financial statement if you can’t afford the amount, or (4) Seek advice from a debt adviser. Responding does NOT mean admitting the debt — it means engaging seriously. If you ignore the LBC and they issue a claim, the court will grant a default CCJ.
Can Mortimer Clarke chase a statute-barred debt?#
Solicitor firms are prohibited from litigating on debts they know are statute-barred (6 years in England/Wales, 5 years in Scotland under the Limitation Act 1980). However, they may contact you about old debt hoping you’ll make a payment or acknowledge it, which restarts the 6-year clock. Critical trap: If they issue a claim and you don’t file a defence citing the Limitation Act, the court will grant a CCJ regardless. You must actively defend — silence loses the protection.