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Cabot/Mortimer Clarke Sainsbury's credit card

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Hi Guys,

 

A friend has received a letter, which I suspect is a fishing one, from the above.

 

The debt is for £1700ish and it was a Sainsbury's credit card, taken out in the middle of 2004.

 

The default date is January 2009.

 

The correspondence they've sent contains lots of if's, maybe's etc. and that if it goes to court, ''our client will request that the Courts grant a Judgement in default by instalments of £50 per month''.

 

It then goes on to state the consequences of a CCJ and also enclosed is an Income and Expenditure form, as well as a rather convenient Direct Debit form.

 

My friend is certain, but not 100% that she stopped paying around 2009 due to her own circumstances back then.

 

How can she find out when she made the last payment without going through Mortimer Clarke or Cabot??

 

Going by what she says, this is Statute Barred, but how can she find out for definite?

 

Regards,

 

Buncrana

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If its statute barred meaning no payment or written acknowledgement has been made in the last 6 years , then ignore unless court docs appear. If they do, then you use the SB defence to kill the debt.

 

Cabot only deal in non enforeceable debts, and they bought a ton of those prior to christmas. They know theyre bad debts which is why its full of if's, maybe's etc.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If its statute barred meaning no payment or written acknowledgement has been made in the last 6 years , then ignore unless court docs appear. If they do, then you use the SB defence to kill the debt.

 

Cabot only deal in non enforeceable debts, and they bought a ton of those prior to christmas. They know theyre bad debts which is why its full of if's, maybe's etc.

 

Thanks for that Renegade...

 

Your reply is what I was thinking. The letter went to an old address and was very kindly sent on by the current occupants.

 

I'll advise her to wait and see if anything else shows up.

 

I read elsewhere that there are issues with their licence to fleece, sorry chase debts. Does anyone know if this is the case?

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defaulted jan 2009 and no payment since? That means she would have not paid anything prior to late 2008 at the most recent

so will be SB by feb 2015 at latest (6 yrs+1 month after default to clear odd days off calendar) and probably months before that.

 

I would be minded to send a letter to them stating it is SB

because if they get a sniff that it was an old addy they wrote to they may well try getting a CCJ by the back door

relying on the fact that the letters may never arrive with her in time.

 

no harm in this as long as the debt has not been acknowledged since.

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It's likely already sb or no paperwork exists. Which is why it got sold.

 

Sit on your hands and wait for them to make the next move. Meanwhile just check your records so you can be sure its sb


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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go ring Sainsbury bank and ask.

 

 

it might have been admin'd by RBS for that take out time though


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looks like it will be sainburys so go ring and ask.


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looks like it will be sainburys so go ring and ask.

 

Hi DX, Would ringing them set it all off again, reset the clock so to speak??

 

She still banks with the same people as she did back then. I've suggested that she ask them when last payment left her account.

 

When she gets back to me with that info, I'll let you know :)

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defaulted jan 2009 and no payment since? That means she would have not paid anything prior to late 2008 at the most recent

so will be SB by feb 2015 at latest (6 yrs+1 month after default to clear odd days off calendar) and probably months before that.

 

I would be minded to send a letter to them stating it is SB

because if they get a sniff that it was an old addy they wrote to they may well try getting a CCJ by the back door

relying on the fact that the letters may never arrive with her in time.

 

no harm in this as long as the debt has not been acknowledged since.

 

Apparently she was on a DMP at the time through CCCS. Am I correct in saying that a default would still be issued, even though payments were being made, though at a greatly reduced rate??

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she has a claimform the clock has stopped cant reset anything..

 

 

cant you check her credit file for a default?

and last payment?

 

 

 

 

dx


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she has a claimform the clock has stopped cant reset anything..

 

 

cant you check her credit file for a default?

and last payment?

 

 

 

 

dx

 

Credit file shows default date but not last payment date unfortunately.

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When was that default date.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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When was that default date.

 

Hi Renegade,

 

Default date was was Jan 2009. Default balance was just over £2k, current balance is just over £1700 which makes me think there were payments after default date.

 

Card was taken out in July 2004 if that helps.

 

Until she can find out last payment date I won't know for definite if it's statute barred.

 

Once I find out I'll post details :)

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Debt is either sb or Cabot do not hold the paperwork. It's one of those 2 reasons.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Debt is either sb or Cabot do not hold the paperwork. It's one of those 2 reasons.

 

Seems to be Renegade. Hopefully she'll let me know today if she has contacted her bank to see when last payment left her account.

 

One concern though is that this was sent to a previous address. If she didn't contact Cabot/Mortimer Clarke, of what benefit would it be to them if they went for a CCJ without her knowledge?

 

She's reluctant to contact them....

 

Also, if she does contact Sainsbury, would that reset the clock??

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Seems to be Renegade. Hopefully she'll let me know today if she has contacted her bank to see when last payment left her account.

 

One concern though is that this was sent to a previous address. If she didn't contact Cabot/Mortimer Clarke, of what benefit would it be to them if they went for a CCJ without her knowledge?

 

She's reluctant to contact them.... send them a CCA request

Also, if she does contact Sainsbury, would that reset the clock??

 

 

no it does not

 

 

dx


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What benefit? None. They'll do it out of pure spite. That's how low Cabot will sink


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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no it does not

 

 

dx

 

Thanks DX, I'll get the letter from her and send off the CCA :)

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What benefit? None. They'll do it out of pure spite. That's how low Cabot will sink

 

The jobbies :(

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looks like it will be sainburys so go ring and ask.

 

She just called Sainsbury's but when she inputs the card number, it goes straight to Lloyds for some reason :(

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well there was a time as I said, that sainsburys cards were admin'd by RBS

so that's prob correct

 

 

as I said in post 5


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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well there was a time as I said, that sainsburys cards were admin'd by RBS

so that's prob correct

 

 

as I said in post 5

 

Hi DX,

 

She has asked her bank to look into the date of the last payment. I'm not sure how long it will take them to find it, hopefully they'll be quick.

 

It was done by secure messaging this evening.

 

I've already printed off the CCA template just in case.

 

Once they let her know, I'll see what happens from there.

 

Thanks for your help so far :)

 

Buncrana

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Hi Guys,

 

Well her bank got back to her today.

 

Unfortunately the last payment to CCCS left her account at the start of September 2010.

 

So, is the next step the CCA route??

 

Going through previous posts and responses, it seems that it is.

 

Buncrana.

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