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liamuk

Cabot/mortimer - stayed claim - old Likely Loan - now mortimer offering Tomlin?

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Hello guy's -  looking for some assistance.. 

 

Took out a loan out with these guys in 2016, paid what I could and then stopped paying. Asked for help, and couldn't catch up.

 

Last year Cabot and Mortimer Clarke came after me and issued a county court

- I replied with a defence (October) and hadn't heard back

- I checked MCOL and it just said defence received and that's where its at.

 

I had requested the usual documents and never heard back.

I assume that the Court had stayed after reading up,

and I thought if they come back to me they would have to pay a fee to the court to recommence the claim as it had been 6 months since the defence date?

Meanwhile I had this year complained to Likely Loans for irresponsible lending (still ongoing as not heard back as yet and within time before it goes to FOS).

 

This week Mortimer have come back with agreements etc as they have now located and given me 28 days to respond to a Tomlin offer of 20% discount and if I don't respond or accept will instruct the court to recommence court action for judgement.

 

Maybe as I had gone after them for IRL

this has woken them up.

 

There is, at the time of taking the loan, a trail of payday loans and defaults on my file so feel the IRL is justified. 

 

Now, the court / judge hadn't given directions after I submitted my defence so think I have time on my side.

 

Any advise please?

 

 

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the claim is stayed

and yes they would have to pay the N244 fee to lift the stay.

 

it's a begging letter and I doubt it's got anything to do with your IRL claim with the OC.

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Have Mortimer Clarke actually sent you any copy agreement docs ?


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missed a bit off my reply.

 

it doesn't say mortimer will instruct the court.

 

it says mortimer have been instructed by cabot to willy wave...i suspect.

 

you really must read these letter very carefully,

 

 

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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The letter is quite open - for example they attach a schedule of money owed, and include a cost of £22 for 'default judgement'. Yet when I check MCOL it only mentions defence received and no mention of default judgement. 

 

They also say 'If repayment arrangements are agreed the County Court action will remain on hold and we will not ask the Court to proceed whilst the arrangement is being adhered to' and I may need to sign a Tomlin agreement. 

 

Am I correct in thinking it is a begging letter and then they are discounting by 20% to try and resolve before they pay the fee to lift the 'stayed'? Attached documents all look correct.

 

Wondering how to play this now, as I think if I ignore they will then pay and lift the stay and await the judges directions including mediation?

 

So, do I write back to them and say no thanks, and I am awaiting the response also about my IRL I had submitted with Likely Loans?

 

 

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Looks like they now have all their ducks in a row and ready to proceed...I wouldn't regard it as a begging letter...simply giving you the opportunity to settle with a discount before they make application to proceed....but even then does not guarantee them a judgment....only should they get judgement which would be dependent on what documents they have disclosed.

 

Redact scan and upload the documents you have received.

 

Andy


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How much is the supposed debt?

I can see your irl succeed ing too..that will upset them!!

 

Dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I have uploaded documents received.

 

£2,941.40 is the debt. I chased Likely Loans up 2 weeks ago regarding the IRL and then this week received the attached - so was suspicious thinking I had woken them up.

LL CC.pdf

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i would write to Mortimer inc a copy of your IRL claim stating the debt is in serious dispute with the original creditor etc etc

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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to update you

i had sent a letter back to say the account was in dispute with the original creditor and IRL.

I have not heard back to date.

They had given me a month to respond before they proceed further with court action and paying the relevant fee to proceed.

 

My thoughts to settle were, in line with the FOS if I were successful it would be;

 

Payments made +

Statutory interest 8%

-

Capital lent

= £ balance outstanding

 

Also to remove all details of this loan including defaults on my credit files.

 

To be honest, with another creditor I disputed on IRL, they came back and agreed and I had a small sum to pay back based on what the FOS would have ruled on the above.

 

Important question as well,

the original creditor has performed a 'hard' search on my credit file

- whilst I know they can look at my file at anytime I didn't think they could perform hard searches unless I was applying for products?

I had queried and they said tough we can do...

 

Can I ask what your thoughts were on the previous posts and documentation they have sent me ?

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let them investigate things the hard search is immaterial

just proves they didn't carry out the correct procedure at the time of application.

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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