Court Threat letter from Mortimer Clarke re: Cabot Owned LLoyds debt

[mmx29]

Hi,

 

I have recieved a letter today from Mortimer Clarke Solicitors,

stating that they are solicitors instructed by Cabot Financial

and are instructed to start Court proceedings against me over a debt.

 

I have not seen anything from Cabot Financial at all, didn't even know they existed before today,

and now i get a letter saying that they are taking me to court?

 

The letter states that i owe Lloyds TSB 931.39 pounds.

 

From what information i have, the only money i have ever taken from Lloyds was a 50£ overdraft back in 2007,

as i had left the country in 09/2007 (and returned in 2009)

- this is the first ever communication I have recieved since then in my name.

 

The credit reports in my name state that the debt was defaulted in September 2008,

so, technically, it will become statute barred only in September.

 

Is there anything I can do about this apart from coughing up?

 

As over 900 pounds seems unreasonable seeing that no payments or acknowledgements have been made since 09/2007.

 

Thank you for any advice.

[Bazooka Boo]

DON'T part with a single penny!

 

I'm thinking whether a SAR to Lloyds would be a good Idea, all though I am unsure as to when they would have closed the account?

 

The marker on your file is just when it was defaulted and placed on their, it may well be SB already?

If you know 100% that you haven't acknowledged this in writing or made any payment toward it since '07, then it is highly likely this will already be SB.

[unclebulgaria67]

I would suggest that you write back (recorded delivery) to Mortimer Clarke saying that you have no knowledge of any debt that is outstanding,

which would not be subject to the statute of limitations act 1980.

 

Ask them to arrange to supply original creditors statements of account, showing when the last payment was made

and when the account technically went into default according to the accounts terms and conditions.

 

If you are sure that the last payment was made Sept 07, I don't think it is reasonable for the default to only be marked a year after i.e Sept 08.

 

I would have thought that the default should have been noted within say 3 months,

as it would be wrong to continue adding charges for a year, before issuing the default notice.

 

I think if you ignored this letter and did not write back, that they will probably issue a court claim, hoping to get a default judgement.

 

Better to get them to prove that the debt is not statute barred.

[ims21]

Could be worth a call to Lloyds to see if they can say when the formal demand for repayment was made.

[mmx29]

Thanks for all the replies!

 

I am absolutely sure that I had made no payments or acknowledgements since 2007 as I was not physically present in the country.

 

So, as far as I understand, I should send a SAR (with the 10£) to Lloyds?

 

Could someone please point me to or draft up a quick step by step on what exactly I should do and how I should proceed?

 

Cheers!

[renegadeimp]

Send the prove it letter. If cabot are involved, be very wary.

[unclebulgaria67]

Thanks for all the replies!

 

I am absolutely sure that I had made no payments or acknowledgements since 2007 as I was not physically present in the country.

 

So, as far as I understand, I should send a SAR (with the 10£) to Lloyds?

 

Could someone please point me to or draft up a quick step by step on what exactly I should do and how I should proceed?

 

Cheers!

 

You could send the SAR with £10 to Lloyds, but they could take up to 40 days to supply the information.

 

If it were me, I would try to phone Lloyds to get hold of the last payment information and when the account should have gone into default. I would then send Mortimer Clarke a letter. Don't just send the SAR off, without sending a letter to Mortimer Clarke.

 

If you click on subject access request, there is the letter.

[mmx29]

Don't just send the SAR off, without sending a letter to Mortimer Clarke.

 

 

What exactly should I write them? Please prove that I owe you money?

[unclebulgaria67]

Send the prove it letter. If cabot are involved, be very wary.

 

They know what the debt is, as they have checked their credit record. It appears to be their only debt. Ideally they want to find out the last date of payment to Lloyds and when it should have gone into default. They can then challenge that the debt is statute barred.

[unclebulgaria67]

What exactly should I write them? Please prove that I owe you money?

 

In my first response to you, I suggested what you could say in a letter. I don't think I would send a standard template letter. You seem pretty sure that the last payment was made in Sept 07, but I would suggest that you try to phone Lloyds to find out if this is the case. Also ask them, when the account should have gone into default. I don't think the Sept 08 default on your credit record can be correct, if your last payment was Sept 07.

[citizenB]

What exactly should I write them? Please prove that I owe you money?

 

Your actions should be as already advised..

 

1: Telephone Lloyds - find out when the Formal demand for payment was made.

2: Letter to Cabot along the lines of Uncle B's suggestion in post # 3

 

The letter you require can be accessed using the following link. It would be best if you use this only as an outline and follow Uncle B's suggestions.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It-(Updated-21.04.2014)

 

Add the statement below to the top of the letter. Send it by Recorded or Special Delivery - if this is not affordable, the very least you should do is obtain a Free proof of posting from the Post office.

 

 

I acknowledge no liability to either Cabot or any company you claim to represent

 

[mmx29]

Awesome!

 

Sorry about asking twice about my course of action, I just wanted to make it absolutely clear before I proceed.

I will call Lloyds on Monday and send the Letter to Mortimer Clarke the same day and see how it goes.

 

Thank you all again for advice.

 

I will post on this same thread with how things proceed.

 

Cheers!

[2Grumpy]

There is also a question as to who owns this alleged debt, whether Cabot are acting on behalf of Lloyds or they have bought the account. That would be another question to ask Lloyds (over the phone), although if it has been assigned, they should have volunteered the information

[citizenB]

With regards to the assignment issue.. you could send the letter below..

 

[ATTACH=CONFIG]51310[/ATTACH]