Hi all

I've received my first solicitors letter from Mortimer Clarke re an alleged debt with Cabot which according to them originally links back to Sainsbury's bank.

I'm not the best with finances. I'm off work on ESA with Bipolar/Depression/Anxiety since 1996. Most of my mail gets thrown away unopened. I know this is bad.

I've checked my equifax credit report and it shows a default with Cabot credit management group on 15/03/13. There is nothing on my equifax or noddle credit file mentioning Sainsbury’s at all.

Any contact re sainsbury’s financial products I’ve had in the past would have been well over 6 years ago. The last contact I had with them was around 2009. Yes I may have received letters but never acknowledged or replied. Neither have I been on the phone to them.

I’ve been given until 16/05/17 to respond to mortimer clarke solicitors who have been ‘instructed to issue a claim’ by cabot.

I’m not sure if the debt exists and if it did, whether it is statute barred.

What should I do?

Many thanks

could consider a cca request ensuring no acknowledgment. that shld put things on hold for a bit.

maybe cabot when acquiring it updated the default date incorrectly?

is there any more known background eg in a dmp, last payments etc

as its a cred card, it shld have been defaulted soon after the missed payments/def notice.

I'll read up on how to ask for a CCA. Should the letter be addressed to cabot, the solicitor or the original lender (I'd have to write to sainsbury's bank I guess).

One thing is for sure, if this debt is real I've had nothing to do with it since 2009. Should I include a statute barred assertion in the letter?

click on the bold cca request for its info

send it with payment to the current dca (cabot), and a copy to the solicitors.

no barred letter atm.

alternatively, cld do a general 'prove it' letter.

wait see what the guys suggest also.

go ring sainsburys

ask last payment date

if its SB'd no point in sending anything surely??

dx

if its def barred (inc after their usual from the default date argument), then a barred letter cld stop it dead.

wasn't sure, as op didn't seem too sure. plus there is the alleged 2013 default re

as dx, give sains a call re what their records show.

post back. take it from there.

Just as well I checked. Sainsbury's are saying last payment was end of October 2012. I have no memory of this but guess I should proceed on that basis

ok

stat bar looking unlikely then atm. if current can show payment.

do the cca request then?

or prove it letter

Out of interest has it ever been known for someone to pay off a small amount of a debt 'on your behalf' thus moving the goalposts re statutory bar?

Paranoia mode lol

long shot.

can you prove such?

I doubt it. Just a thought.

So, sending a CCA request will reset the clock (?) but it's still probably my best bet

no who told you that?

its a legal request

anyway back to something you just hinted at

if YOU did make the payments, nor authorised them in writing

then they don't count.

what are you thinking?

Thanks for that Nobody told me. I was asking. I'm thinking I should go ahead and do the CCA request

what about these payments?

are you saying someone paid them without your written permission...??

No, It was speculative. It was probably me.

what other letter from cabot etc have you been getting?

have you moved sine you took this out?

Been getting standard payment request letters from Cabot until the most recent one which is a legal instruction letter

I haven't moved

then IMHO id do nothing

can you scan the letter to PDF [upload

its probably a std threat-o-gram where WILL is not used at all

dx

Here's the sanitised legal letter

legalletter.pdf

seems a bit of double entendre

on the one, they have been instructed to issue a claim if no payment

on the other, 'if' we start proceedings.

leaves it open for them to do either.

consider a cca request. that might put things on hold for abit, and maybe stop it if they can't come up with anything. then again it might not (sometimes they issue claims regardless).

Cheers. Will report back

I'd not kick their pram wheels

I'd not kick their pram wheels

So, do nothing for now? (Kick pram wheels?)

I'm happy to take either avenue. Just not sure which...

its a tricky one

in some they have issued a claim re.

in others they haven't.

if you're happy to let it ride to claim issue if it happens, and take it from there, then ignore. they have your address re any claim.

if not, maybe try a cca request. see if that helps. if it doesn't, then makes no difference to the above if they are going to issue a claim anyway.