mortimer/cabot - claimform - old vanquis card 'debt'

[ower1]

Hi,

 

I have received a letter of Mortimer Clarke saying they have been instructed by their client cabot financial

to start court proceedings against me for an unpaid vanquis credit card.

 

I would like to send a cca request but don't know who to send it to!

 

Any help would be greatly appreciated.

 

Thanks in advance Craig.

[ims21]

Hi and welcome to CAG.

 

Send the CCA request to Cabot.

 

Have you got any penalty charges or ROP premiums on the account?

 

Do you have all of the statements of the account?

[ower1]

Hi and thanks for the quick reply, I don't have anything for the account,

 

I got a few debt letters off cabot then I got this off Mortimer Clarke today,

 

The original debt was with vanquish, who even wrote to me saying they were sorry I was closing my account with them

and even refunded a £15.00 over payment to them!!

 

So should I just send cabot a cca request and see wat happens?

 

What about these Mortimer Clarke people?

 

Should I contact them?

 

Sorry to sound like a total noob but I hhave never been through this before. Thanks again.

[ims21]

Yes get a CCA request off to Cabot and a SAR off to Vanquis.

 

There are templates for both in the CAG library, the link to which is at the top of every CAG page in green.

 

How long ago was it that you last made a payment on this account?

[ower1]

Thanks I will get right on it, I cant remember when I last paid anything off it, but its got to be getting on for a few years now.

[ims21]

Thanks I will get right on it, I cant remember when I last paid anything off it, but its got to be getting on for a few years now.

 

I was just wondering whether it could be Statutory Barred but you would need to be more accurate with the last payment dates so that we can work from there.

[dx100uk]

i'd p'haps send them a copy of the £15/closure letter too

 

chew on this cabot!

 

dx

[ower1]

Right I will fire a cca request to cabot first thing,

 

ive been hunting high and low for the closure letter from vanquis

but ive got a wife that believes in throwing things away

and I think that's wats shes done!!!

 

Do you think that if I got in touch with vanquis they would send me another?

 

If not I will just have to wait and see wat this lot come back with.

 

Will keep you all informed of any progress

and dare say I will be back for more help and advice from you all.

 

Thankyou to you all. Craig

[dx100uk]

well as IMS21 indicates

 

p'haps an SAR the vanquis could prove useful on more than one count?

 

dx

[dx100uk]

might be useful to pop on to say noddle credit file site [see below]

 

they should have the info

 

dx

[ower1]

Quick update, sent off cca request and got a letter back saying cabot does not hold the relevant information

and have wrote to the original lender for it,

 

They also say that they should be able to supply the information within 40 days.

 

Does this sound right?

[renegadeimp]

Standard fob off letter. They have 12+2 days. Not 40.

[ower1]

12+2 days, wat do I do after that?

[BRIGADIER2JCS]

Quick update, sent off cca request and got a letter back saying cabot does not hold the relevant information and have wrote to the original lender for it, They also say that they should be able to supply the information within 40 days. Does this sound right?

 

 

As dx has said that is nonsense, Cabot have been quoting " industry" guidelines giving them 40 days to comply with a CCA request, can't find any such "guidance".

 

 

Write back and state 12 + 2 Working days, supply the agreement or you will consider the matter closed.

[ower1]

Ok I will send them another letter stating they got 12+2 days and not 40 like they are saying. Thanks again for your help chaps, Will keep you all informed on wat happens.

[dx100uk]

per I wouldn't bother waste of a stamp.

 

the 12+2 working days just puts the account on hold

until/if they ever find the agreement.

 

dx

[ower1]

So what would you do then dx?

[dx100uk]

sar to vanquis

 

and get your cra file.

 

you need to gather as much info as you can

 

dx

[dx100uk]

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[ower1]

More help needed chaps,

 

I sent cabot a cca request and got a letter saying they should be able to supply all the details needed within 40 days,

(I know you said it was 12+2 working days)

 

they got the letter signed for on the 15-07-14 and nothing in the way of the credit agreement has arrived

 

what did arrive this morning was a court claim form from Northampton county court that Mortimer Clarke have issued on behalf of cabot,

 

What I need to know is my next step and

 

how to go about things from here.

 

Thanks again in advance. Craig.

[BRIGADIER2JCS]

Hi Craig until the CCA is supplied the debt is unenforceable.

 

 

What are the particulars of the claim (POC).

 

 

Acknowledge Service now and state defend all.

 

 

This is the second case on here today with Cabots nonsense about 40 days.

[ower1]

Hi Brigadier,

 

the poc are as follows,

 

By an agreement between vanquish and the defedant on or around 11/05/2005 ("the agreement")

vanquish agreed to issue the defendant with a credit card upon terms & conditions set out therein.

 

In breach of the agreement the defendant failed to make the minimum payments due & the agreement was terminated.

 

The agreement was assigned to the claimant on 23/02/20011.

 

The claimant therefore claims 1395.48.

 

That's all they have said hope this helps you to help me!!!!

 

Thanks again. Craig.

[dx100uk]

moved to legals

 

dx

[dx100uk]

CPR request to Mortimer for the

 

CCA

T&c's

DN

TN

NoA

 

see the legals section of the library top left tab

[BRIGADIER2JCS]

Hi Brigadier, the poc are as follows, By an agreement between vanquish and the defedant on or around 11/05/2005 ("the agreement") vanquish agreed to issue the defendant with a credit card upon terms & conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant on 23/02/20011. The claimant therefore claims 1395.48. That's all they have said hope this helps you to help me!!!! Thanks again. Craig.

Hello Craig,

 

 

Well they refer to "the AGREEMENT" in the POC so they must provide copy, get the claim acknowledged and we can then prepare to defend/defeat Crapbot.

 

 

They are on a C*N here pre April 2007 accounts must have a the actual signed agreement (or a true copy ) to enforce via the courts.

 

 

Is this on credit files? What is the default date?

When was the last payment or written acknowledgment?