Mortimer Clarke Solicitors / Cabot Financial

[In2Deep]

Hi all,

 

New member, first post, so please be gentle with your replies

 

I need sound advice on my next course of action.

 

I have an alleged debt of £2.5k approx relating to a credit card.

 

 

As a lurker on these forums for some time, I know a little about this process,

so I wrote to Mortimer Clarke Solicitors previously and said the alleged debt is statute barred.

 

To quote their reply:

 

"You have alleged that the claim is statute barred.

Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years

from the date on which the cause of action accrued."

 

"The six year limitation period runs from the latest date on which:"

"1. A payment was made towards the debt, or"

"2. The agreement was terminated, or"

"3. You acknowledged the debt in writing"

 

"We are instructed that in this case the cause of action accrued when the agreement was terminated on 08/08/2009.

Therefore the claim is not statute barred.

If you disagree please explain why.

Alternatively please find enclosed an income and expenditure form for you to complete and return".

 

That's it.

 

 

I don't know if the 2009 date is correct or not.

 

 

What are your suggestions as to my next move?

 

 

I have never acknowledged this debt in any way, and in my previous letter to them I asked them for a signed copy of the credit agreement which I have not received.

 

 

So should I go back and repeat this request, and how should I word it?

 

Any help will be greatly appreciated.

 

Thanks.

[renegadeimp]

Theyre wrong. With credit cards they know very well that the last payment or date of written acknowledgement is the SB start date.

 

You now need to do some homework and find out when the last payment to the account was and last written acknowledgement.

 

Have you sent them a CCA request yet? You need to include a blank postal order for the statutory £1 fee

[In2Deep]

Thanks for the reply. I haven't sent them a CCA request, so I'll get it in the post with a£1 PO in the next few days.

 

I don't keep old paperwork as I throw it all away so I know I haven't got details on last payment/acknowledgement. However I'm 100% certain it's long before 2009, so I presume it is statute barred?

[dx100uk]

what does your credit file say?

 

 

dx

[gregs07]

Check your credit file. Noddle is free. Should give you orig default date. Go from there.

[In2Deep]

what does your credit file say?

 

 

dx

 

Thanks for the reply.

 

Credit file says Cabot is a defaulted account, and default date 08/08/2009

[theoldrouge]

Who is the OC and when did you take the

 

card out?

[In2Deep]

Who is the OC and when did you take the

 

card out?

 

Capital One, the account started 29-8-2001

[theoldrouge]

Get the s78 request off

 

Any ppi on ac?

[In2Deep]

No PPI.

 

Whats a s78 ?

[theoldrouge]

cca request under s78

[renegadeimp]

Cabot ate extremely unlikely to produce a CCA of that age. Get the request off and it will pretty much kill off Cabot chasing you, although they will beg you to pay