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Mortimer Clarke court threats halifax credit card


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Cabot have been persuing me for a Halifax Credit Card Debt (pre 2007) of around £3,000.

 

 

I was previoulsy paying them around £12 per month, but now cannot afford this due to being out of work.

 

My Experian credit file strangely does not even show the original Halifax debt or any money owning to Cabot, who I assume have now purchased this.

 

Under these circumstances should I now ask for a copy of the CCA?

 

Thanks

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Strange that this is another account where Cabot are not registering defaults. I wonder what's going on.

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It's been three years since they first contacted me about the account.

 

 

Before that I was paying Halifax at a reduced monthly repayment.

 

 

There is no record of the card account showing on my experian report,

which I find very odd, although I assume this supports my case regarding a CCA?

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have you received a default notice?

if not, and you are on an agreed payment plan then it maybe that it won't be registered.

but it soon will be! once you've had the dn! (and the dn isn't remedied)

IMO

:-):rant:

 

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Just a point but have you checked the other CRA's as not every account appears on all CRAs list, it could easily be on the Equifax or other CRA's files.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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It would also be a time to send a CCA Request to see if they even have the right to your payments.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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That is a good point, I have only checked Experian.

 

 

I haven't had much contact from them for a while.

 

 

I sent them an offer of token payment, but they just sent me a payment card, without confirming acceptance of my offer.

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AFAIK a default has to be registered within six months of it occurring.

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Yes.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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  • 4 weeks later...

It is likely that I received a default notice from the Halifax around 2007!

 

 

I initially made reduced payments to them, and then Cabot took over.

 

 

I haven't been able to make payments to Cabot for around 8 months now.

 

 

Should I send them a CCA request if I receive any more correspondence,

they seem to have gone quiet recently,

although I did receive a call on my mobile today from a number that is registered as Cabot.

 

 

The call blocker software on my Blackberry automatically drops the call though :)

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  • 5 years later...

Good morning

 

I have just received a threat of court proceedings if I do not respond letter from Mortimer Clarke/Cabot re a Halifax credit card debt which I think is now statute barred.

 

I have checked my credit report on ClearScore and the debt is not showing on the report at all, would this indicate it is statute barred? As far as I am aware I have not paid anything to them for over 6 years.

 

How should I proceed with this?

 

Thanks

Rob

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You can either send them the letter in the following link..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**

 

At the very least you should obtain a Free Proof of posting certificate from the Post office when sending.

 

Or, you could wait until they issue a claim and submit a Statute Barred Defence.

 

If it is no longer showing on your credit report then this would prove that 6 years has passed from the default date. As long as you have made no payments or admitted liability for the debt during that period then yes, I would say it is statute barred.

 

If this were me, then I would be sending the SB letter to head off any claim being issued.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for that, I think contacting them before they issue a claim is definitely the way forward.

 

Do these companies not know whether debts are SB or not, or do they just assume people are ignorant and will offer to pay anyway?

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Thanks for that, I think contacting them before they issue a claim is definitely the way forward.

 

Do these companies not know whether debts are SB or not, or do they just assume people are ignorant and will offer to pay anyway?

 

Of course they know that a debt is statute barred and yes, they do assume that people would not be aware of this as well.

 

Sadly there are people who would NOT be aware and would panic on receipt of their letters and not seek help/advice before making contact with the company.

 

If you receive further communication after you have sent your SB letter, then do let us know. It has not been unheard of for companies to imply there has been a payment made when there hasn't.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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:thumb:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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threads merged

 

 

why waste a stamp

 

 

if they are stupid enough to issue a claim

 

 

it being sb'd will kill them dead

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Did you make the payment?

 

Was it for something else like a cca request or SAR?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I'm not sure to be honest, I don't have any details of the payment.

 

I have been checking my records and I don't appear to have sent a CCA request for this as Cabot had not contacted me for a very long time, so I am printing it out now.

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The address MC have used to contact me is also rather strange. The first line and post code are correct, however it lists THREE post towns under the first line, which are in wildly different geographic areas!

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stuff Mortimer Clarke giving you info

 

 

go ring haliprats and ask

 

 

phantom payment supposedly made to another dca need to be proved

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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