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Cabot/Mortimer chasing - old Progressive credit/then newday then Opus Credit Card debt.


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Good Afternoon :)

 

I have received a letter from Mortimer Clarke Solicitors acting on behalf of Cabot Financial for an alleged Opus Credit Card debt. 

 

I sent a CCA request (as on the forum) on 6 Jan 22, and the documents arrived (incomplete) on 29/12/22 - date of letter 14/12/22 nearly 11 months later.... apologizing for the delay!!!!. I am right in thinking they have 30 days to respond? I received an additional letter dated 29/12/22 arriving on 3 Jan 23, stating I had not responded to their request for income and expenditure... and I have 10 days to respond and they will refer to their client for further instructions ..

 

The last payment to the account was made to the account in July 17, with no further payments made. I am unsure if I received a letter before claim... apologises as I have other accounts  however; I note they deducted the £1 postal order I enclosed for the CCA request towards the alleged debt.. which I understand should not happen.

 

I have two other accounts been chased by Mortimer Clarke Solicitors, with Halifax of which I have received a LBC now which I am receiving assistance with which I am grateful thank you. All of the accounts receiving last payment in July 17. I have not moved house since this date.

 

Grateful for any advice how I respond to this letter, in absence of recalling if I received a LBC for this particular account.

 

Many thanks in advance.

 

Roo

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why do you feel that what they returned was incomplete ?

We could do with some help from you.

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Hi Andy 

 

Thank you for your speedy response.

 

Since my last post and sorting out paperwork, I did receive a LBC for this account.

 

My letter was the response to that correspondence. I requested a copy of the CCA and the DOA - there is no copy of the CCA enclosed and the DOA is just a letter?

 

Am I right in assuming it needs two signatures?

 

In addition, they only provided 5 months of statements?

 

Unsure if I am barking up the wrong tree?

 

I thought they have a timescale of 30 days to reply?

 

Grateful for any advice.

 

Given the short time scale should I reply by email or post (1st class signed for? Mindful back log of Royal Mail)

 

Their letter was dated 29 Jan 22, received 3 Jan 23.

 

Unsure when to count the ten days from - given they 'may' follow given up statue bared Aug 23?

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  • dx100uk changed the title to Cabot/Mortimer chasing - Opus Credit Card debt.

there is no 30 days

that went out the windows in 2006.

 

can you scan up what they have sent in reply to your CCA request please?

 

 

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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DOA (Deed of Assignment) you mean a NOA (Notice of Assignment) you can't have sight of the DOA as it contains private financial details of the purchase and it's not relevant to your agreement as you are not party to the purchase...you are entitled to see the Notice of Assignment as you are party to the agreement and must be served with the notice to make the assignment valid.

 

Scan redact and upload copies of what they have disclosed. 

We could do with some help from you.

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Quote

I thought they have a timescale of 30 days to reply?

 

Correct with regards to the PAP not a CCA request....if they can't comply fully to a section 78 request within the 12 + 2 days statutory period they can't enforce so in effect they can take as  long as they wish or never. 

 

 

 

.

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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read our upload guide carefully

it tells you what to do use and how to do.

 

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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Share on other sites

we need the agreement

 

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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D

I requested the agreement it was not supplied, and enclosed £1 postal order, which they deducted off the alleged balance.  Requested 6 Jan 22 and received what I uploaded on 29 Dec 22.

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  • dx100uk changed the title to Cabot/Mortimer chasing - old Progressive credit/then newday then Opus Credit Card debt.

so all you got was a NOA?

looking at the letter

this is a VERY old Progressive Finance Card, which was then passed to newday, which was then passed to Opus....

 

to me if i remember correctly , you agreement/ take out date will be welll into the very early 2000's or ever 1990's??

 

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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D,

 

All I got was the NOA assignment, five statements and the default notice, and a statement of account. 

 

2006 I think orginally Citibank if I recall. I did request the agreement however; nothing in what they sent.

 

R x

 

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when was the last time you used or paid the card?

 

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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Share on other sites

17th july last year?

or july 2017?

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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Share on other sites

Yes it would have been an old Citicard originally 
Cabot don’t have any chance of getting an original agreement and t and cs
and as a reply to a s78 request it’s a total failure 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

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So sb is very close

hence chasing you.

 

Ignore them.

yours is not the next move.

 

fat chance they will ever get a compliant cca for a citi card.

 

Read a few citi threads here.

 

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...

Following on from my post - I received a second LBC from Mortimer Clarke Solicitors dated 16 Jan and received on 19 Jan 23. 

 

As previously posted MCS sent a LBC in Dec 21 and I responded within the timescale and received NOA (uploaded above) assignment, five statements and the default notice, and a statement of account. No CCA or terms and conditions.

 

As they didn't  comply fully to a section 78 request within the 12 + 2 days statutory period - (took them 11 months to send info). Do I need to reply to the second LBC? 

 

Many thanks in advance.

 

Roo 

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reply as before 

dont request docs you already have 

 

because the claimant has failed to previously comply with my CCA request sent date xxxx

send a new CCA

staple it to the reply form.... letter of claim thread post 2 refers.

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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Share on other sites

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