Letter received Mortimer Clarke Solicitors - re Halifax CC and Overdraft

[Roo67]

Good Afternoon

I have received a letter (2 separate letters) from Mortimer Clarke Solicitors chasing two debts with the Halifax stating if I do not contact them, their client Caboot Financial (UK) will look to obtain a CCJ. In addition, I have received several calls on my mobile, of which I have not responded too.

 

Last payment was paid Aug 2017.

 

I would be grateful for any advice on what are the next steps I need to take. Send a letter to state prove claim?

 

Any advice would be greatly appreciated.

 

Thank you.

 

Roo

[AndyOrch]

Aug 2017 was your last payment for both?

 

Don't do anything until you receive the following for both debts.

 

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126

 

Approaching statue barred Aug 2023

 

Andy

 

 

[Roo67]

Hi Andy,

 

Thank you for your reply, it is appreciated.

 

Yes the last payment for both the overdraft and CC was 1 Aug 17, in fact I will double check it might of been I made payments 1 Jul 17 and the missed payments were from 1 Aug 17.

 

I am right in thinking, these debts will become statue barred in Aug 23? I did think that is why they are pursuing now - however; they could still issue a letter before claim anytime soon - which could potentially lead to a claim to get through the courts before Aug 23?

 

I have only received one letter dated end of October, yet have had about 10 messages left on mobile.

 

Roo

[dx100uk]

possibly

but bottom line is sit on your hands until/unless you ever get a letter of claim.

 

just to check the obvious

you havent move since last paying this have you?

 

dx

 

[Roo67]

Thank you for reply

 

I have lived in the same house since I made the last payment.

 

So sit tight it is. 

 

Roo x

[comebackjimmy]

If that house is in Scotland then you are already home free, stat barred in Scotland is five years!

[Roo67]

No unfortunately not in Scotland. Good to know though 

[Roo67]

I am unsure if I have to start  a new thread however; I have now received a letter before claim for the the two accounts at the start of my thread from Mortimer Clarke Solicitors, both from Halifax, one for a credit card and one for an overdraft. Both letters were dated 9 Dec 22 however, due to the postal strike I did not receive until 17 Dec 22.

 

For both accounts I made last payment in Jul 17, with the first missed payment on 1 Aug 22. 

 

Any advice how to proceed would be greatly received. In addition, do I need to reply by the 9 Jan 23 or the date I received.

 

Many thanks in advance.

 

Roo

[AndyOrch]

See my post #2

[Roo67]

With the regards to my post above - for the overdraft with Halifax, I do not recall signing a contract? Unsure if that makes a difference.

 

Thank you.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[AndyOrch]

Most overdrafts are by verbal request but some Banks will request that you sign an agreement.

[Roo67]

An update on post

 

- I received a reply from Mortimer Clark Solictors wrt  PAP to the Halifax Credit Card on a letter dated 20 Jan 23, received on 25 Jan.

 

I am unsure if the 12 + 2 days to respond are working days (ie Mon - Fri) ?

 

The only info they included was a letter from Cabot stating referring my account to MC Solictiors, and my account was put on hold until they get a copy of the original credit card agreement.

 

Can I ask how long to they now have to provide the agreement and the NOA?

 

In addition, as in my original post - MCS also sent a separate PAP for a Halifax overdraft with the same dates. I responded to both PAP on 5 Jan 23 and I have no response to the Halifax overdraft.

 

As the 12 + 2 days have now passed....

 

Can anyone advise what the next steps are pls?

 

Many thanks in advance.

 

R

 

 

[dx100uk]

not sure what relevance 12+2 days has to do with anything

you were/are not paying the debts.

 

until/unless they respond in either cases with enforceable paperwork or a court claimform you ignore them.

[Roo67]

Thank you for your reply. Please accept my lack of understanding, I thought they had 14 days to respond to the documents requested on PAP.

[dx100uk]

nope the letter of claim rules in post 1 there nor our post 2 with advice ....states that.

 

you are confusing that with the 14+2 working days time limit on any applicable CCA request return.

and that only makes any diff solely upon the point that if you WERE paying, you may cease until/if they ever did provide enforceable CCA paperwork