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Letter received Mortimer Clarke Solicitors - re Halifax CC and Overdraft


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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

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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

 

 

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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

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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

 

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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  • 1 month later...

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

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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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 5 weeks later...

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

 

 

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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.

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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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 

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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