Jump to content


  • Tweets

  • Posts

    • Not really. His claim will succeed simply because its a simple matter of a lost parcel and no insurance. Its not a complex case so I think he’ll be fine, especially as it is P2G who arent very good at defending claims but I ageee its not been handled at all well.   My only concern with withdrawing is that he loses £35 in the case of £240 but thats a matter for him   I dont think it has a reduced chance of success if OP actually replies and actions things but if not then ofcourse it will struggle.   My concern is if he starts again it’ll be just as sporadic.   Maybe close thread and let him make a new one if hes ready to engage?
    • Please will you start reading up on the stories on the some form especially the pinned post. I have to say that I'm concerned that you feel that a warning from P2G is going to affect your rights and is going to subvert statutory law. I think you've been here for a few months and I would have hoped that by now you would understand that terms and conditions must always be interpreted in the light of overriding statute. Also I suggested that once you have done the reading on the sub- forum then you would understand the information that we would need in order to give you the best help. The fact that you haven't told us what the item was suggested also that you haven't done the reading. Please give us full details including identity of the item, value, where these properly declared? Dates – blah blah blah. Not paying attention to P2G. Pay attention to us
    • P2G can make clear whatever they want frankly, the judge isnt going to sit there and go “they told you to buy their insurance and you didn’t” and then dismiss your claim.  I would say you should send a formal complaint then after 7 days sent a LOC. Day 21 from now submit your claim on OCMC.    
    • I thought i could just use ( copy and paste)  the terminology from my other post earlier in the year when i previously claimed against P2g .   The parcel hasnt been 'officially ' lost yet i have another 13 days before their 'investigation' ends and then theyll probably offer the postage back as i didnt take the 'insurance'   But to recap ,  The parcel was booked through P2g and sent with Evri. No Protective Insurance was taken out. The parcels value is only £48 plus postage of £3 and the value of the parcel was declared The parcels tracking says while it was in Evri's system it was sent to an 'incorrect' depot and tracking would be updated in 24 hrs which it didnt and the delivery date passed, i then had a live chat with P2g who opened an investigation and im waiting to hear what's happened. My only concern is,  last time i claimed P2g made it clear that in future i must take out their protective insurance which i gavent and im wondering whether this will ' complicate' things ...  
    • it is precisely for these reasons that the OP should withdraw the claim and begin again. Firstly, the case has been badly handled from the start. The OP hasn't come to us and stuck to it in a regular engaging way. Secondly, it seems that the OP is now being advised on the basis of it being a matter of principle rather than looking at a sensible and pragmatic outcome. We have a duty to the people who come to help us to try and get the best solution for them that we can. Secondary is that we want to notch up a further victory against the parcel delivery industry – and frankly it doesn't matter which company it is as long as we get a victory. If we simply urge someone to continue a case at their own expense in a claim which has a very reduced chance of success, simply because it gives us personal satisfaction, then this is really contrary to what we do and certainly contrary to the interests of the claimant. I'm now urging the OP (Original Poster) to withdraw and to start again and work with us very closely in order to get a much more certain victory. By continuing this claim, not only with the OP risk even more money, it will take more time in the sense of failure will be demoralising. Better to feel that one is in control by exercising one's own choices and taking the long view
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Cabot/Mortimer - old Lloyds Credit Card debt


Tangliss

Recommended Posts

I hope someone can help.

In 2005, I took out a credit card with Lloyds TSB.

Due to a change in financial income, I stopped paying Lloyds in 2014.

Stupidly, after getting numerous threatening letters by Cabot, I paid them a nominal £5 a month from 2017 until around May 2020 when I ceased payments.

 it’s not statute barred.

Fast forward, yesterday I received a letter from Cabot stating my account is being passed to their internal solicitors, Mortimer Clarke.

They will be writing to me in the next 7 days.

From what I have read online, they seem to like going down the CCJ route, which is what I want to avoid.

The amount owed is around £3,300 of which I can’t afford.

I’m struggling to make ends meet as it is.

I am preempting things and was wondering if I can been given advice on what I should do?

Should I wait and see if should I start asking for the relevant documents to be sent (such as the original credit agreement and default notice, etc)?

I am new to this so I apologise in advance for my naivety.

Link to post
Share on other sites

Definitely go with requesting a copy of the agreement.

A contract taken out 20 years ago you stand a good chance of them not being able to locate a copy.

Normally when they say pass to their solicitors is just a normal thermogram in getting you to respond and means nothing until an official notice of claim ( letter before action) sent.

Link to post
Share on other sites

Thank you, I appreciate your response!

Just written a CCA request.

Will send that to Cabot tomorrow with the £1 postal order.

Should I send it recorded delivery?

Trying to work out the best address to send it to as there are two online addresses.

Link to post
Share on other sites

  • dx100uk changed the title to Cabot/Mortimer - old Lloyds Credit Card debt

no hold on that please

await and see if mortimer send a letter of claim FIRST.

dont go with a kneejerk reaction wetting yourself over a silly threat-o-gram,

all you do is invite pointless letter tennis showing you are scared of a powerless DCA or their dogs.

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY debt, no matter what it's type.

shame they scammed you into paying in 2017....:whistle:

retitled and moved to Lloyds forum.

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... 

Link to post
Share on other sites

hit letter of claim

follow post 2 if they DO

dx

 

  • Thanks 1

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... 

Link to post
Share on other sites

I have had a letter from Mortimer Clarke today, saying I have 35 days to contact them to avoid legal action.

They said if I don’t respond in that time they will go down the CCJ route.

What should I do now?

Should I sent the CCA and if so to them or Cabot? 

I tried to send a screenshot but it wont let me.

To add file

Thank you. I’ve attached the letter again.

 

 

2024-04-12 Mortimer Re Lloyds debt.pdf

Link to post
Share on other sites

please dont put up docx file they hold all your pers details in file/info/properties

now a pdf after proper redaction not pen squiggle.

next time read our upload guide

On 14/04/2024 at 12:19, dx100uk said:

await and see if mortimer send a letter of claim FIRST.

 

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... 

Link to post
Share on other sites

There is no heading, dx100uk kindly uploaded it for me above.

All it has it’s their name as the header, followed by “You can avoid legal action, call us today in XXXXX” Followed by who they are, how much I owe and I should act now to avoid a CCJ. They have given me (which is a lie because the letter is dated 12/4/2024) 35 days to respond to the letter otherwise they will go down the court route.

The letter doesn’t say it’s a letter before claim as far as I can see.

Link to post
Share on other sites

Posted (edited)

Thank yoU HB.

I will hold fire and see what dx100uk says. 

My husband (who knows nothing most of the time lol) thinks it looks like a generic letter they probably send to all clients

. It’s the first letter I’ve got from Mortimer Clarke too.

Good afternoon,

Im assuming the letter I received yesterday isn’t a letter of claim/ letter before action?

As I have never dealt with this I’m just double checking. 
Many thanks! 

Edited by Tangliss
Link to post
Share on other sites

5 hours ago, honeybee13 said:

But as I said, if it isn't headed Letter of Claim [Used to be Letter Before Action] then it isn't one.

 

^^

  • Thanks 1

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Just had a look myself.

That's not a letter of claim but I imagine you'll get one soon.

When you do, come back here :)

  • Thanks 1

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

just type no need to keep hitting quote

there was no reply pack asking questions nor wanting Income & expenditure, so can't be a letter of claim.

there are no serious 'court sanctions' at all should a defendant/claimant ignore a letter of claim, total poppy cockle!!

very much the reverse, should a claimant NOT send a letter of claim before they raise a court claim, it's a very good browny point for a defendant !!

stop worrying....i wish certain members would stop posting unnecessary personal speculation on threads... doesnt help anyone.

if you DONT KNOW - DONT POST!!

its a 2005 card anyway pre the revisions, sao cant use a recon and i'd expect a CCA request to fail. 

this is cabot!! 99% of their debt portfolios are always unenforceable.

just the mugs keep being ignorant cash cows is the only way they recently stayed in business.

  • Thanks 1

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... 

Link to post
Share on other sites

If you do get a letter of Claim and or Pre Action Protocol pack

15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that

(a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction;

(b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction;

(c) sanctions are to be applied.

16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include—

(a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties;

(b) an order that the party at fault pay those costs on an indemnity basis;

(c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded;

(d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

 

.

  • Like 1
  • Thanks 1

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Posted (edited)

This afternoon, Mortimer Clarke have now sent me an email with this letter attached. I’m assuming it’s following on from the one above, as initially they gave me 35 days to respond, now it’s 26 days. Shall I ignore
 

Apologies regarding the quality and I hoped I blanked everything out accordingly.

Mortimer Clarke 2.pdf

Edited by Tangliss
Link to post
Share on other sites

cant keep saying you should block and bounce on IGNORE any email.....

dx

 

  • Thanks 1

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... 

Link to post
Share on other sites

Okay, so I’ll block their email so it doesn’t come through to my junk mail (this is the first one I’ve received from them). Will they still have to write to my home address in addition to emailing? 
 

Thanks dx100uk! 

Link to post
Share on other sites

email MUST ALWAYS be totally ignored.

writing only

  • Thanks 1

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... 

Link to post
Share on other sites

  • 2 weeks later...

What does a letter before action look like?

Received another letter from Mortimer Clarke but I’m assuming it’s a countdown letter from their previous two?

Will a letter before action ask for further details?

I am gathering these letters are just generic threats but want to double check.

The reason I ask is I know it doesn’t say “letter before action” but it does say

“you will need to act now or we will apply for a County Court Judgment”.

MC letter 3.pdf

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...