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Cabot/Mortimer Clarke

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  • Cabot/Mortimer Clarke

    Hello all ,

    I've been reading stories on this website for the past few weeks or so and have picked up some very helpful advice but now have a query of my own that I cannot see addressed elsewhere (well, I have seen similar but would like to enquire about my own precise circumstances).

    First of all, I had a credit card issued to me several years ago (2007 I believe) which I could not keep up payments with which eventually defaulted and subsequently sold to DCAs.

    The current owner of this debt is Cabot and a few weeks ago I received a letter from their in-house solicitors, Mortimer Clarke, stating that they were going to take me to court over this and that I had two weeks to respond with the basis of my defense or to agree a repayment plan with them.

    I was pretty sure this debt was statute barred but checked with my bank for when the last payment was made by myself. I received confirmation from my bank that it was in October 2008. Since October 2008 I had not written to anyone to acknowledge the debt either.

    Armed with these facts, and after consulting this website, amongst others, and after speaking with the local Citizens Advice Bureau, I drafted a standard 'statute barred' letter and sent it to Mortimer Clarke.

    I have now received a reply to my letter with the following:

    "Dear Sir/Madam

    Re: Cabot Financial (UK) Limited
    And: XXXXXXXXXXXX XXXXXXXXXXX

    Ref: XXXXXXXXX

    You have alleged that the claim is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

    The six year limitation period runs from the latest date on which:
    1. A payment was made towards the debt; or
    2. The agreement was terminated; or
    3. You acknowledged the debt in writing.

    We are instructed that in this case the cause of action accrued when the agreement was terminated on 22/03/2009. Therefore the debt is not statute barred and still remains payable. If you disagree please explain why."

    First of all, I'm quite pedantic and surely "accrued" should actually be "occurred", in both instances? But more importantly, as I see it the cause of action date would have been a month of so after I last paid and not the quoted March 2009 date which was in fact the date the default was registered with the CRAs.

    So to recap, no payment has been made since October 2008, meaning the cause of action date would be around November 2008. I have not written acknowledging the debt within this period so as far as I see it, this debt is now statute barred and has been for a couple of months. Please correct me if I'm wrong.

    So my question now is should I bother even replying to this letter? My initial reaction was to ignore it and see if they try to pursue it in court. I can't see what grounds they can win on so I assume ignoring it wouldn't do any harm. This is of course assuming all of what I have written above and how I see things is correct.

    I would be happy for someone with a little more knowledge about these things to kindly read my post and give their feedback on what course of action, if any, I should take next.

    Many thanks .
    Tags: None

  • #2
    Re: Cabot/Mortimer Clarke

    Hi Welcome,

    This date of the termination as the cause of action I think stems from a Court of Appeal ruling on an HP agreement and is not applicable to a simple contract. (accrued in this case is perfectly correct ).
    Write back and require a full explanation of their claim.

    6 years no payment or unequivocal WRITTEN acknowledgment of the debt is a fact in this case the fact the termination was later is in my opinion irrelevant.

    Comment


    • #3
      Re: Cabot/Mortimer Clarke

      Originally posted by nemesis45 View Post
      Hi Welcome,

      This date of the termination as the cause of action I think stems from a Court of Appeal ruling on an HP agreement and is not applicable to a simple contract. (accrued in this case is perfectly correct ).
      Write back and require a full explanation of their claim.

      6 years no payment or unequivocal WRITTEN acknowledgment of the debt is a fact in this case the fact the termination was later is in my opinion irrelevant.
      Thank you nemesis45 .

      I'm struggling to come up with how to proceed with wording this. Do you, or anyone else, have any suggestions?

      Comment


      • #4
        Re: Cabot/Mortimer Clarke

        I can put some suggestions up later if you wish?

        Comment


        • #5
          Re: Cabot/Mortimer Clarke

          Yes, please and thanks .

          Comment


          • #6
            Re: Cabot/Mortimer Clarke

            I'm also wondering whether or not I should go ahead and contact Cabot with a CCA request or leave it for the time being?

            Comment


            • #7
              Re: Cabot/Mortimer Clarke

              Yes always make a CCA request, but please be aware that Cabot an their various " solicitors" try to avoid producing such documents on example is Cabot Claiming that it has 40 days to comply with a CCA request, it is not so 12+2 Working days is the statutory time scale.

              ( send a cheque or postal order clearly endorsed " for statutory fee only" keep a photo copy of it)

              Comment


              • #8
                Re: Cabot/Mortimer Clarke

                Ok thanks again, will do. Will go to post office on way home. The only thing that concerns me now is that, on the advice of the local Citizens Advice Bureau, the statute barred letter I sent them was hand-signed by me. Since I have read to not sign with original signature. Should I continue signing with my signature any future letters, or write it out in another way so that it cannot be 'tampered' with? Sorry with the endless questions.

                Comment


                • #9
                  Re: Cabot/Mortimer Clarke

                  http://www.legalbeagles.info/forums/...tations-period

                  Does this thread change anything in terms of the CCA request?

                  As far as I'm concerned, the debt is statute barred, but I'm not a lawyer.

                  Comment


                  • #10
                    Re: Cabot/Mortimer Clarke

                    No it most certainly does not affect anything ( that thread appears in the last couple of posts to be just an attempt to confuse for no purpose imo)

                    A CCA request is a " lawful request for information" made under sections 77/78/79 of the Consumer Credit Act 1974 (as amended)

                    I is Not an admission of liability and does not affect the provisions of the Limitations Act 1980.

                    Comment


                    • #11
                      Re: Cabot/Mortimer Clarke

                      Dear Sirs,

                      I do not acknowledge any debt to your company or its clients.

                      With reference to the above agreement, I require you to supply the following documentation before I will correspond with you, or your solicitors, further on this matter.

                      1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

                      2. A full statement of account.

                      3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

                      4. A copy of any other documents referred to in the agreement.

                      I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of any credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be used to set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

                      I understand a copy of my credit agreement should be supplied within 12 working days.

                      I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

                      I look forward to hearing from you.

                      Yours faithfully,


                      ================================================== ==============================================

                      I've found the above template letter, do you think I need to alter anything before sending it to Cabot?

                      Comment


                      • #12
                        Re: Cabot/Mortimer Clarke

                        1. The Deed is unlikely to be provided unless ordered by a court, it is the commercially sensitive contract between the debt seller and the debt purchaser.
                        You will have been sent a Notice of Assignment from the creditor and or the debt purchaser, a record of this can be relied on in court.
                        2. The CCA request only a " Current Statement of Account" not an historical one.
                        3. The Statutory time scale for a CCA request is 12 + 2 Working days.

                        Mortimer Clark is Cabots in house legal department.

                        Comment

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