Showing results for tags 'mortimer'.
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Any help appreciated I bought a car on HP in 2003, It was beyond my means and I only made 4 repayments -the car was repossed in 2005. I had a company called Marlin ringing me at work constantly and I was bullied into paying £15pm - I moved house and changed banks and the payments stopped in 2013. In 2015 I had letters from Cabot requesting money - over the years I have argued with them over the debt. They say it was assigned to them in 2016 yet I have statements from the original HP company in 2007 showing the balance - so how can they have it assigned if it was still with the original lender. It was due to become statute barred on 01/02/19 - however Mortimer issued an online claim on 27/12/18 - I defended and requested a SAR - they have only sent me 2 out of 9 pages of the credit agreement - which includes PPI and Gap insurance. There are various inconsistencies in the paperwork, dates amounts etc. Do I stand a chance in court of getting the claim in my favour or should I just negotiate with the Solicitor on a reduced amount? -
Hi all My wife recently received a County Court Claim Form which we have decided to dispute in full. I've completed the details below. I would be really grateful for your help with next steps. From reading other threads it seems my next move should be to send a CCA request to the Claimant and a CPR 31:14 request to the legals reps. Is this correct? Thanks --- Name of the Claimant: Cabot Financial (UK) Limited Date of issue: 09 Jan 2019 - Defence form submitted online on 24 Jan 2019 What is the claim for: By an agreement between JD Williams Ltd Re Fashion World & the Defendant dated 11/10/2015 ('the Agreement') JD Williams Ltd Re Fashion World agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 688.36 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A What is the total value of the claim? £688.36 amount claimed + £60.00 court fee + £70.00 legal representative's costs = £818.36 Is the claim for: Catalogue When did you enter into the original agreement before or after April 2007? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...)? ***Wife is checking - will update*** Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim Unsure Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No Why did you cease payments? Account was settled What was the date of your last payment? Unsure Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, as N/A -
Good Afternoon, I am hoping somone would give me some advice, I have been recieving letters from Mortimer Clarke Solicitors, i have attached the most recent one. This debt is from a Loan i had from Sainsburys in 2011. I had been making payments on it for some time and paid 70% of it off. For some reason the payments stopped, possible due to closing my old Barclays Bank Acc and moving address aruond the same time, the loan was fogotten about completely. Cabot are now after the remaining £300 of the debt + all their fees and charges. I have responded saying i will pay £70 per month which is what i used to pay Sainsburys but they now want me to fill out their expenditure form. What are my options here? They mention Court Judgement and a Warrent of control? but i havent reieved anything from the Court this issue was only bough to my attention about 6 weeks ago. I have not refused to pay, i have responded to all thier letters a Warrant of control seems slightly over the top. Any help would really be appreciated. i checked my Clear Score and its been hit hard by this! infact its gone down about 90 points. Many thanks
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Advice please I have received this letter, see pics, its a debt with marbles credit card which was then sold to cabot this year, now i have got this letter from Mortimer Clarke regarding potential court action if i do not respond in 30 days. ( i also have an aqua credit card and aqua loan which i have also not paid off they are sending me letters as well but not go to this stage yet and they are the same company as Marbles so i guess will be doing the same thing next. I cant afford to pay this and have been struggling. Long story short, my ex used to take my money and use my cards to gamble and pay for a drug habit i didn't know about i was subject to mental torture for an extended period of time, if i didnt let him do this he would threaten to tell my job lies to get me sacked which made me feel sick as i love my job and i am good at it, now he is finally out of my life i have a shed load of debts that will be chasing me like this one. What is the best thing for me to do. Thanks in advance. -
Hi All Around 2010/11 I was in heaps of debt, various cc, loans etc, totalling c £30k. I took some great advice from this site, worked hard, and managed to settle everything. Finally debt free by summer of 2016, credit score still not great, but heading in the right direction. And now I receive a letter from Mortimer Clarke (Cabot): ‘As you are aware a County Court Judgement has been entered against you under Claim Number QWERTY123 and we ask you to pay the outstanding sum of £2244 direct to this office within 14 days.’ The letter encloses an income and expenditure form with a view to arranging a monthly payment, but goes on to say: ‘…our client may be willing to accept a reduced amount for a lump sum payment to settle the debt’. First I’ve heard of it, and I’m gutted, thought all this nonsense was behind me. I’ve established that the CCJ was issued at Northampton and has subsequently been transferred to my local court. All paperwork was sent to an old address, which is why I knew nothing about it. All of this happened just over 3 years ago, and I’m just finding out about it now. And strangely, it doesn’t appear on my credit file? As I thought I was debt free, my circumstances allowed me to become a student, so I’m currently studying full-time, with negligible income (averaging about £200 pm). Seems to me I have 2 choices (unless any of you can suggest a third way?) 1. Offer about £20 pm, which they are unlikely to accept, as it would run for 9 years. 2. Offer a lump sum, I think I could scrape together £600 - £700, but again this probably wouldn’t be enough. All I know about the CCJ is what the lady at Northampton told me: That it has been transferred to my local court (don’t know when), That the payment terms were ‘Forthwith’ and, That the claim said it was in respect of a CC agreement ‘entered into on or about 19/05/2004’. (Is it suspicious that the date of the agreement isn’t precise? Suggests to me that they don’t have a copy of it). In the scheme of things, the debt isn’t that big (given my situation 7-8 years ago), but this is hanging heavier than those bigger debts ever did, because my circumstances are different now, and I have no real income to work with. I really don’t know which way to turn with this. Would be so grateful for your thoughts. Cheers Scarboro
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Hi all, Hoping for some advice if possible. Early 2017 I received a claim form from Cabot for an old Yorkshire Bank overdraft debt - I wasn't in the best position at the time but did manage to file a standard claim defence through MCOL and then was told it would be sent back to the client to review. Heard nothing and am now in a much better situation out the blue approx a week ago I received a letter from the solicitors with the documentation I had requested in my claim defence etc. I have attached a copy of the letter they have sent me and they have also sent full bank statements, notices of charges and a notice of assignment. The claim is for approx £1000 - £875 from the account and the rest in solicitor fees. As a bit of context, the account was held from 2013-2014 and I had a serious gambling addiction at the time, essentially any money I received I was spending straight away on gambling. I had a current account with Yorkshire Bank with no agreed overdraft, yet I was constantly able to go several hundreds of pounds overdrawn, and of course the fees made this worse. Based on the bank statements they sent, I accrued approx £850 of bank charges in the 10/11 months I used the account (these were at £25 per charge for unplanned overdraft and a couple of £35 returned DD). Note the final balance now is not just charges as some of these were paid off during using the account. I was in a cycle where I would be overdrawn, credit the account and return to a positive balance, then be allowed to go overdrawn on gambling transactions and then charges would be added and the cycle would repeat, until I ended up so deep overdrawn I abandoned the account. Towards the end I was able to go over £600 overdrawn in gambling transactions, and then £185 fees were also added to this as well as extra debit interest that accumulated. The letter states they would like to settle without further court proceedings and that I can propose a repayment plan. After some research online I believe one option to me would be to submit a formal complaint to Yorkshire Bank about the charges and my financial situation at the time and how I was constantly able to go overdrawn by a large amount, and if necessary go on to the Ombudsman after. Do you think this is a good approach, and would it stop Mortimer wanting to proceed with court action whilst the complaint is considered? I am of course open to any other suggestions! Thanks a lot and sorry for the long read, please let me know if any more info is required. Attached: Letter received today Statement of amount owed One of the bank statements (towards the end of the account) as an example - can see it started OD, went into credit, then ended more OD than it started (unfortunately i no longer have copy of original claim form or my defence - trying to access MCOL to retrieve these but wasn't thinking straight enough to keep a log of my details when this all started a couple of years ago) Thanks for any advice -
Hello I think I've royally messed up with something and am looking for some advice please. Tonight I was having a tidy and have come across a claim form which I hadn't noticed or even opened. The issue date is the 28th June. I've gone onto MCOL and tried to request 28 days as opposed to the 14 but I suspect the clock struck at 16:00 this afternoon. I'm just looking for words of wisdom on how to proceed please. I know I've been stupid and didn't even see it mixed in with a load of rubbish that usual rubbish and takeaway menus that graces my letterbox. I've included the details below but it's probably a bit late for that. ----- Date of issue 28th June 2018 Particulars of Claim 1. Monies due under current account overdraft. 2. The Claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bank agreed to maintain for the Defendant. 3.It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand.n 4. The Defendant has failed to repay the amount due. 5. The debt was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 2139.55 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I am aware of. What is the total value of the claim? 2324.55 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft When did you enter into the original agreement before or after April 2007? Before, probably late 90's. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot. Were you aware the account had been assigned – did you receive a Notice of Assignment? I'm not sure but I have received letters from Cabot. Did you receive a Default Notice from the original creditor? I'm not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think so. Why did you cease payments? Personal problems and financial difficulties. What was the date of your last payment? Probably 2013. Was there a dispute with the original creditor that remains unresolved? I stopped using this account and the debt has now been sold to Cabot. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan No. ---- -
Hi all. Right so I had a Vanquis credit card, it defaulted in 2015 with about 3k owing. Ive had various letters about it from Cabot (whom the debt was assigned to at some point) and Dydens. In 2016 I recived a latter from Drydens, threatening legal action and also making lots of inaccurate statements about the CPR and legal process, etc...I replied to Drydens asking for the usual stuff, letter of assignment etc, they replied saying they were halting any legal action. In 2017 I received a letter from cabot again saying no legal action would be taken. Then last week I received a letter from Mortimer Clarke saying that they were now the solicitor AND also including form N434 - Change Of Legal Representative but on this form it staytes Claimant = cabot, Defendant = Me, Claim Number is blank. The actual letter claims judgment was made against me on .... (yes that what it says, there is a blank space !). I have not received any letters about this claim, I suspect there is no claim, I phoned Mortimer Clark who said the claim was performed by previous solicitors Drydens and that they didnt have the claim number..hhhmmm Ive phoned cabot who know nothing about this so it look very like;ly there is no claim. Im surprised though that MC are prepared to lie in this manner, it appears to be it could have serious repercussions. An obvious give away is the form N434 they sent me, this is required to be sent to all the parties and the court, are they seriously saying they sent this to the court without a claim number !!???, as I found out this couldnt be a admin oversight as they dont actually know the claim number. Any thoughts on what next ?. I intend to phone Drydens to hear what they have to say. Phone Northampton Court, not sure if they can help with a claim number but Ill double check there hasnt been claim. Write complaint to Mortimer Clark, why are they misleading me, is this fraudulent ?, they are after all trying to pressure me to pay what hasnt been adjudicated on yet. Follow up this complaint to SRA Andy -
I need a little help with this claim form please: Name of Claimant : Cabot Financial Ltd Date Of Issue : 5th April 2018 What is the claim for : By an agreement between SAV credit Re Aqua & the Defendant on or around 11/04/2016 (The Agreement) SAV Credit Re Aqua agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1300 2.Costs I have not received prior notice of a claim to be issued. Value of the claim is 1511.83 Claim is for a credit card Original agreement was after 2007 Account was apparently assigned to Cabot Financial and the claim has been issued by them I did not receive a notice of assignment I don't recall if I received a default notice from Aqua I have received no Notice of Default Sums Ceased payments because I was out of work and claiming carers allowance I did contact Aqua and told them of my position, but they claimed I could afford a level of repayment that was way out of my affordability, I did try to negotiate reduced payments with Aqua but my offers were rejected by Aqua. I'm in the process of writing a CCA request, can anyone give me some help with what else I need to do please?
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Back in 2010 I received a ccj which I have been paying £10 a month to Hillesden Securities who were managing the account on behalf of Cabot. I have recently received a letter from Cabot informing me that they have asked Mortimer Clarke to take over managing my account. Apparently Mortimer Clarke are happy to keep to the repayment plan agreed with Hillesden, but they will need to speak to me to arrange for my payments to be sent to them directly. I don't particularly want to speak to them as I'm worried they will start to harass me for higher payments. I have found an email address for them so am going to use that. My question is though, should I be worried that Cabot have moved the account to Mortimer Clarke after all this time?
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Hi All Received a letter from Mortimer Clarke today regarding a debt to Cabot Financial. Letter claims their client obtained a judgement against me on 04/02/2016. First paragraph says "Because you have failed to pay the judgement debt in accordance with the terms of the judgement our client is now entitled to take action to enforce the judgement order against you. Our client has instructed us to apply to the County Court for an Attachment to Earnings order to be made against you." Final paragraph says "If you do not contact us within 7 days , then our client has instructed us to apply for an Attachment of Earnings Order against you." Notes: 1. I have checked Trust Online for my current and previous 3 addresses and there are no ccjs registered against me. 2. I did not receive any correspondence threatening to take me to court, advising I was being taken to court or asking if I wished to defend and finally I did not receive a judgement. 3. The letter makes no mention which court they obtained the judgement from or any judgement reference number. 4. The debt is from 2007 and I believe it may well be statute barred now. Can anyone provide any thoughts or advice on how I should proceed at this point? kind regards -
I have received documentation from Mortimer Clarke solicitors on behalf or Cabot relating to an old Halifax credit card. They are giving me 14 days to contact them before threatening to take court action. Would the appropriate course of action be to send a CCA request to Cabot with a copy to Mortimer Clarke? Also, does sending a CCA to Cabot constitute a communication that would reset the statute barred date? Thanks very much. -
Hello need some help with a CCJ letter received today from Mortimer Clarke, for what they say is a 2012 mobile phone account with EE that I can not remember ever having. I have had previous letters but not knowing what they were for just ignored them. It say I have 14 days to reply to the court letter or pay in full with their 75 pound charges on top what can I do. Regards Jdene
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Morning, folks. I'm in a particularly odd and confusing situation so any assistance in clarifying where exactly I stand would be greatly appreciated. In 2010 I took out a credit card with Virgin Money. In 2012 I defaulted on this due to financial difficulty and depression. I do not remember receiving a default notice from Virgin Money. It's possible I received a default notice from MBNA, but I closed an account with them in 2006 (I have the letter) so would have discounted it. In January of 2017 I found out a CCJ was registered against me with Hillesden Securities as the claimant. I did not receive any correspondence prior to it being registered, as I was not living at the address the CCJ is registered at. As soon as I found out about the CCJ (through a mortgage adviser telling me!) I attempted to contact Hillesden. This led me to DLC, which led me to Cabot, which led me to Mortimer Clarke. I spoke to a representative of theirs on the phone, explained the situation and asked if the judgement could be set aside. They said no, and that the best I could do was satisfy the CCJ. After some digging online I sent an N244 to my local court and received a hearing date. Mortimer Clarke did not show, the judge decided they hadn't been very helpful, and duly set aside the judgement. Happy days. This was earlier this month. Today I found a letter sent from Mortimer Clarke 4 days before the hearing, with the claimant now being ME III Ltd. The letter states they agree to the setting aside but that a full defense should be submitted within 21 days. They attached a draft order, assuming that the judge would made this order. She didn't. What happens now? Given that the draft order was not formalised, I'm assuming I do not have to submit any further defense (which I already submitted in full as part of the N244). And what are Mortimer Clarke likely to do when they receive the actual order from the court? Many thanks -
Hi guys, i'll try and sum my issue up quickly. Sept 2007 got hp with funding corporation for a vehicle for 4 years and stopped paying after 18 ish months. Stupidly made a payment in November 2011. Defaults were served and agreement cancelled by OC in 2009 Cabot sent letters for about 12 months that I did not reply to. Mortimer clark made contact with me threatening legal action at the end of January this year. Made SAR at the beginning feb this year to funding corp - THIS WAS FULFILLED AND i RECEIVED THE SAR Made CCA request to cabot - THIS HAS NOT YET BEEN FULFILLED AND IT'S NOW MAY. NOW called today both Cabot and Mortimer Clarke. (this is the issue along with my big mouth) to tell them my new address. asked Mortimer Clarke the status of the account (it's on hold), asked them that they I expect a responce to the CCA request and let slip that I already had the original T&C's from the OC (I really did not want to say that) called back to see if they had actioned the cca request and they said It's gone through (not quite sure what that meant) If they do Correctly action the CCA request then I may have an upper hand. The OC and Lowell took me to court and the outcome was that I return the vehicle there was no judgement for money owed. I did not return the vehicle. I wonder if it can still be taken to court? -
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 -
I have just received a letter from Mortimer Clarke stating that they act on behalf of their client Marlin Europe II Limited asking for details of my financial circumstances for a debt that they say a county court claim was issued on April 2014. It also has a claim number at the top of the letter and if I don't respond they will lift the stay and request Judgement. I have never had any claim form for this debt and I have logged on to MCOL and there is nothing on there with that claim number. I also went on to my credit file and it says the debt they are talking about is with Cabot for a different amount. I'm not sure what to do. -
Please help, I recently attend a county court for claim made against me by Mortimer/Cabot to be set aside. this is going to be a lengthy story but please bear with me . My story below; I obtained a vanquis credit credit in 2007. The limit was £1800, but I did not realise that they have increased my APR from 19.9% to 29.9% without any notification from them .i realised nearly a year they have done so and that was in 2009, I gave them a call immediately to find out why, but their response was they will investigate and get back to me but they never did. I called them on numerous occasions but I never get an answer why the APR was increased without any notification. I wrote them in 2010 after months of calling that I will stop paying them if they don't tell me why they increased my APR without any notification and that was exactly what I did. The last correspondence I had with Vanquis was in 2011. At this time the debt on my account was £1258 I moved out of that address in June 2014 to a new address. I found out in January 2016 on my credit file that the CCJ was set against in me in July 2015 for the total debt of £3909, I immediately file for a dispute and explained the reasons above and Noddle credit agency got back to me saying I should contact Cabot which I failed to do because I didn't want to have any conversation with them. I received a notice Attachment of Earnings from the county court in November 2016 which I provided and I did applied for the case to be set aside also. Judge dismissed this case and ask me to arrange a payment plan with Mortimer/Cabot. I thought the judge was very unfair, he did not listen to any of my reasons, despite that I have tenancy agreement that proof that I moved out of the old address and that I did not receive any letter prior to CCJ, he did not even look at my documents. He said I should have contacted the court in January 2016 when I found out on my credit file and that I should have contacted vanquis also of my changed address. Thank you for patience for taking your time to read this lengthy story. Please your advice on How do I moved forward from here. Thanks -
Hello everyone, I'd really appreciate some help with a claim form that I received this week. Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 05 JAN 2017 Date of issue 05 Jan + 19 days ( 5 day for service + 14 days to acknowledge) = 23 Jan + 14 days to submit defence = 6 Feb (33 days in total) - Correct Think these dates are correct. What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Monies due under current account account overdraft. The Claimant's claim is for the balance outstanding under a Bank account facility LLOYDS BANK agreed to maintain fir the Defendant. It was a term of the Bank account that any debit balance would be repayable by the defendant in full on demand. The defendant has failed to repay the amount due. The debt was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1100 What is the value of the claim? 1100 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account When did you enter into the original agreement before or after 2007? Account was opened in 2001 but not sure what year the overdraft was arranged. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably, I'm not sure I don't recall Did you receive a Default Notice from the original creditor? Probably, I'm not sure I don't recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Following a relationship breakdown in 2010 I was unable to maintain repayments to creditors. I entered DMP with Payplan 2011 but due to health problems in 2016 and a reduction in income I was no longer able to maintain DMP payments and the arrangement ended. I set up a reduced agreement with my creditors but missed this one. What was the date of your last payment? March 2016 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes DMP arrangement was in place until March 2016. Ive looked through the forum and began the acknowledgment of service (defend all) and I've got my CPR request letter ready to be posted. the bit I'm not sure about is the I intend to contest jurisdiction tick box. I'm not sure what this means and should I tick it or not? Thanks
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Name of the Claimant ? ME III Limited Date of issue – 12 Dec 2016. What is the claim for – 1.By an agreement between WELCOME FINANCE SERVICES LTD & the Defendant on or around 21/11/08 ('the Agreement') WELCOME FINANCIAL SERVICES LTD agreed to loan the Defendant monies. The defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the claimant. 2.THE CLAIMANT THEREFORE CLAIMS 5930.89 What is the value of the claim? £6440.89 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? loan When did you enter into the original agreement before or after 2007? Unsure, I think is was around or before 2007. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, but I have no recollection. Did you receive a Default Notice from the original creditor? Again I don't know for certain. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so. Why did you cease payments? F ell into difficulties when losing my job in 2008, the payment demands were unreasonable, c harges were being added to the account at an alarming level (£10 for a letter/visit etc.) and after severel doorstep visits, I decided to just accept a default on my file and see what happened. A lot of what is claimed is charges, the original loan I think was £2000. What was the date of your last payment? Don't know, could possible be more than 6 years ago, I've asked for a full statement of the account. Was there a dispute with the original creditor that remains unresolved? Haven't heard dirct from Welcome in many years. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Hi, I have read up on other cases and have already sent off the various requests for documents, and completed the online form stating I intend to defend all. But I may need further help. The particulars are as below. This is a very old debt that has dropped off my credit file, and I thought it had disappeared, to be fair I forgot about it. I received a reply from my CPR request today (30th Dec) as below. We acknowledge your request for documentation pursuant to CPR 31.14. We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement. CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We confirm that we have requested documents from the original creditor and will forward these to you upon receipt. The account will remain on hold in the meantime. Any advice on how to play this out would be very much apprecaited. -
Hi All, I'm sorry to return but I again need a little bit of advice regarding a letter from Mortimer Clarke in relation to an alleged debt with capital one... I received a claim form from Cabot Financial via Mortimer Clarke.... Details below Claim Form Issue....18/11/2016 Received.... 21/11/2016 AOS Submitted... 29/11/2016 Defend all AOS Received... 30/11/2016 CCA request sent to Cabot...28/11/2016 CCA request received by Cabot and signed for.....30/11/2016 CPR request sent to Mortimer Clarke... 28/11/2016 CPR request received by Mortimer Clarke and signed for... 30/11/2016 POC... 1.By an agreement between capital one and the defendant on or around 01/07/2009 (the agreement) Capital one agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant.. 2.. THE CLAIMANT THEREFORE CLAIMS XXXX... As of todays date the following has happened.... 1) No response from Cabot for the CCA request 2) Mortimer Clarke responded to the CPR request with the following letter dated 01/12/2016 received 07/12/2016 Dear XXXX We acknowledge your request for documentation pursuant to CPR 31.14 We Confirm our client is willing to agree to the extension of 28 days, for you to file your defence, Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.... CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions... So my question is.... Do I ignore the letter from Mortimer Clarke? reply to Mortimer Clarke with something along the lines of.... not interested in your beliefs, supply the documents requested in the CPR 31.14 request... As always your help/advice is greatly appreciated
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Apologises in advance if this comes across as a little vague but I am asking the question on behalf of my sister who is not a CAG member and as such I don't necessarily have all the facts. She received a letter from Mortimer Clarke Solicitors who are acting on behalf of M E III in regards to a debt of £1000 that they claim went the way of CCJ and remains unpaid. She has looked at her credit report and can see no sign of a CCJ and says she has never had one on there after I pointed out to her that if it was over 6 years ago it wouldn't appear on her report anyway. Rather foolhardedly she therefore ignored the first letter but has now received another letter from them stating that they are going to get an attachment of earnings. So I guess the first question is could there have been a CCJ that never appeared on her file? This seems unlikely I know but historically Ive had the experience of being in a joint IVA and it only appearing on my file not my wifes for some reason. With the above scenario seeming highly unlikely would the debt be statute barred based on it being over six years old? I have read that in some cases the court will revive the debt but am not sure what is required to trigger this. Finally what should her next step be as wouldn't any communication from her be seen as acknowledgement of the debt and therefore void the 6 year period anyway?
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Hello First time here and hoping you can help. Around 2003 having been made redundant, I had a debt for an Egg credit card for around £3.5k. I barely recall the details as it was so long ago but vaguely remember it being passed to a solicitor as started getting letters from them. I was not aware of any CCJ being issued at the time but don't use credit since I was made redundant so if it went on my credit file it must have gone off again. In 2006 I got a letter from Land Registry stating that a charge had been made on my property for the amount of just over £4k, the charge was to Egg as far as I can remember, s o I assume a CCJ must have been obtained to take this action? I understood that this meant that if I ever sold my house, I would need to pay this off to Lowells/Cabot as well. I have a very small mortgage of only £100 per month and manage this, the Egg debt was entered as a second charge and as I had no income or means of paying it the Egg debt at the time, I let this charge happen. I have never sold the house so the charge has just lain dormant for all of that time and have never heard a single thing from Egg or any debt collection company in all of that time. Out of the blue, I have today received a letter from Mortimer Clarke solicitors stating that they are enforcing the CCJ of £4,465 and want payment, no mention of how they are connected to Egg but they quote a CCJ number. Is my home at risk here? I'm upset that I have been very careful not to get any debt secured on my home to make sure that it is not at risk as I cannot afford to with having children, yet it now seems that it is at risk or can they not do this? Your help would be much appreciated.
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Hello everybody I hope you can help me, today I received a letter from DLC regarding a very old debt from Black Horse Ltd (original loan was taken out through Chartered Trust way back in 2000/2001) with the amount owing of £1,886.59. The letter is as follows: Dear XXXX Your account County Court Claim Number XXXXXXXX We have been trying to work with you in resolution to the above claim for which we have obtained a County Court Judgement. As there is still a balance outstanding, your account has been placed with Cabot Financial (Europe) Limited to act as the agent servicing your account. Their next step is to pass your account to Mortimer Clarke Solicitors. What will the Solicitors do? Mortimer Clarke Solicitors will write to you and explain that they have been instructed to continue court proceedings against you if you do not contact them. They will explain the need for legal action to progress. We hope that you will enter into a payment arrangement that you can afford in order to prevent the need for legal action to progress. You can call Mortimer Clarke Solicitors on 0333 XXX XXXX Your new reference number is XXXXXXXX Now I have not had any paper work from the County Court, the letter I received from DLC is stated as being generated on 11/07, also I thought that a solicitor would have to issue the paperwork to the court for a Claim to be issued even though according to the letter my account is to be passed to Mortimer Clarke? The interesting part of this letter is that they hope that I will enter into a repayment agreement, could this be a trick that DLC/Cabot could be trying to pull?. I have requested a copy of the claim form from DLC as I have not received this and I have also asked for a copy of the original credit agreement and a statement of account confirming when the last payment was made, I have not had any communication from DLC for ages until today. I have checked my credit file and there is no CCJ registered and I am thinking about contacting the County Court Bulk Center to confirm the Claim Number. I hope somebody can help and advise me as I am very concerned. Many Thanks
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Good Morning just received a load of paper work from these solicitors not sure if I have been on here about this before the letter says we have reviewed the file following the issue of our clients claim you filed a defence In order our client could provide you with the documentation we were ordered to place your account on hold and take no further action in relation to the proceeding's until we received the requested documentation from our client it then says please find attached Credit agreement credit card statements our clients statement of account Your Defence In your defence you deny all knowledge of this matter. We enclose a copy of our previous correspondence providing background of the claim Our clients position is that the enclosed documents clearly evidence the debt The credit agreement bears your signature The way forward It is not clear what your defence to this agreement is we as that you set out the precise legal basis of any defence within 14 days Alternatively our client would like to settle matters without the need for further court proceedings We therefore we ask you put forward repayment proposal's to address the outstanding balance The next page then offers a 40% discount then there's a letter explain the background saying it relates to a credit card agreement for capital one entered on the 11/2011 terminated 05/09 the debt and agreement has been assigned to Cabot financial (UK) ltd sorry so long winded but wanted to give as much info that I have received as I could Many Thanks
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