Cabot/Mortimer - old Lloyds Credit Card debt

[Tangliss]

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.

[whitelist]

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.

[Tangliss]

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.

[dx100uk]

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....

retitled and moved to Lloyds forum.

dx

 

[Tangliss]

Thank you. I will do that. If they send a letter of claim, that’s when I’ll make a CCA request. I wish I never paid them anything to be fair as it would be statute barred now. 

[dx100uk]

hit letter of claim

follow post 2 if they DO

dx

 

[Tangliss]

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

[dx100uk]

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.

 

[Tangliss]

So sorry. Thank you for going that a duly noted.
 

So, hold off with CCA request for now. 
 

I really appreciate your help. Thank you!

Edited April 17 by Tangliss

[whitelist]

Wait for more replies, but that letter to me can be interpreted as a letter before action.

Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.

[Tangliss]

Do you think I should send the CCA request now then instead of waiting?

I really can do without the stress.

Any advice would be appreciated.

Thank you for responding.

[honeybee13]

Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar.

HB

[Tangliss]

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.

[honeybee13]

Apologies, I was looking in the wrong place for the letter.

It sounds as if dx has seen the unedited letter, hopefully he'll be able to reassure you when he gets here later.

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

HB

[Tangliss]

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 April 18 by Tangliss

[lolerz]

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.

 

^^

[Tangliss]

Thank you lolerz 

[lolerz]

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

[dx100uk]

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.

[AndyOrch]

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

 

.

[Tangliss]

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 April 22 by Tangliss

[dx100uk]

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

dx

 

[Tangliss]

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! 

[dx100uk]

email MUST ALWAYS be totally ignored.

writing only