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Cabot/Mortimer Clarke Capital one HELP PLEASE!

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  • Cabot/Mortimer Clarke Capital one HELP PLEASE!

    Hi, I'm Paul,
    Sorry if this has been flogged to death, I have studied other threads and ended up getting more confused, and moreover, I am very short on time, so please forgive me if this has been brought up before. I know member Steve-T has started a thread after having an identical letter from "Mortimer Clarke" who are of course part of the famous "Cabot financial" heroes.
    trying to be brief about my story;
    I had my own business, and in 2008 it went down the pan due to the "credit crunch". I had a credit card with Capital One, not sure what year I started with them, I kept trying to pay them, among other cards but eventually I couldn't pay anymore, as I only got at most £400 per month. Citizens Advise were involved, and to be honest made the matter even worse. I never heard anything until a firm called Debitas wrote demanding The debt in full etc, £9600, I had nowhere near this amount, it was all escalated with late payment fees and, a PPI, which was £62 per month, I did try to claim against this, (but Capital One sent my claim back, saying I was employed and not self employed, so I lost out the claim, but that's another story in itself...)
    I was hoping for a statute barred, but looking at the only statement I can find, I made a payment on june 20th 2010.
    What I want to know please, is, do I need to send a CCA NOW to Mortimer Clarke or Cabot? Or do I wait for the claim to go to court first?
    At the moment me and my wife are staying at my brothers house, because it's nearer my parents, as we help look after dad after his stroke. I work nights driving, I do 12-13 hour shifts as well as help look after my dad, so have very little time for anything really! I have had friends at my house, living there on a temporary basis, a "briefcase" came round demanding to know where I was. I wasn't very impressed...

    This is the CCA letter I intend to send, does it look ok?
    Dear Sir/Madam

    Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

    This letter is a formal request pursuant to s.77/78 of the consumer credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

    I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

    If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

    Your attention is drawn to ss.5(2), 3(b),6 and 7 of theConsumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

    If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.



    Furthermore, if it is your intention to arrange a call from your 'doorstep collectors, I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

    Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.



    I look forward to hearing from you.

    Yours faithfully


    signature


    Thank you very much for any advice you can give me, I'm off to bed now, my eyeballs are hanging out!

    Paul
    Tags: None

  • #2
    Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

    Well, I must have posted in the wrong place, or I've bored everyone to death... :-p

    Comment


    • #3
      Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

      Originally posted by Hubblebubble View Post
      Well, I must have posted in the wrong place, or I've bored everyone to death... :-p
      :sorry: this was missed (it's been a busy few days :sad ... I'll tag [MENTION=55034]nemesis45[/MENTION] for you so he can advise as soon as he sees is

      K xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

        Good morning Paul,
        responding to nudge from [MENTION=49370]Kati[/MENTION] reading your post now.

        nem

        Comment


        • #5
          Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

          Ok Paul the letter is fine except for the two paragraphs in red, the CCA Request is just
          that and it's best nothing else is added as this request will go to a separate department,

          By all means send those paras in a separate letter addressed to the Compliance Manger.

          nem

          Comment


          • #6
            Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

            Thank you for replying, yes, I see you're busy, lots of people to help! I wasn't sure if I posted in the right place.
            OK, I've actually copied one of your templates, so I will send it and see what they say.
            Thank you once again,
            Paul

            Comment


            • #7
              Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

              Well, I hope everyone had a good Christmas and New Year.
              Right, I sent the CCA request, and only now do I have a response from Cabot, this is the response;

              "We refer to the above matter and in particular your recent request for information on the above account.

              We confirm that we do not hold all your information on file, therefore we have requested a copy of the Original Statement and Agreement from the original creditor and will forward to you upon receipt.

              The account is on hold whilst we await this information"

              HOWEVER, I also have a claim form from Northampton county court business centre!!! What can you advise me to do now please?!

              I certainly don't owe £9640 pounds as they claim, as I couldn't afford repayments on the card AND they were charging me for PPI too, which incidentally, I couldn't claim to pay the monthly payments, and court fees etc will push it past £10000!!!

              Thank you very much for your help,
              Paul

              Comment


              • #8
                Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

                Hi

                Have you read through this -
                http://legalbeagles.info/forums/show...it-Court-Claim ?

                Take a look through, it's a good step-by-step guide.
                You've already done the CCA s78 request to Cabot (hopefully with proof of postage & £1 payment?)
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

                  Originally posted by charitynjw View Post
                  Hi

                  Have you read through this -
                  http://legalbeagles.info/forums/show...it-Court-Claim ?

                  Take a look through, it's a good step-by-step guide.
                  You've already done the CCA s78 request to Cabot (hopefully with proof of postage & £1 payment?)
                  Thank you for the quick response! I thought I was the only one awake at such hours!
                  Yes, I posted the CCA signed for, however, it's the second time - I hadn't put their name on the postal order first time... They sent it back, so I amended and re-posted, signed for again, and got the above response.
                  So next step is to respond to the court acknowledging receipt and then send a CPR request?

                  Comment


                  • #10
                    Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

                    Hi, what do I list in the particulars of claims on the CPR?
                    In my "Particulars of claim" box, this is written;

                    "By an agreement between CAPITAL ONE & the Defendant on or round 04/12/2004 ('the agreement') CAPITAL ONE agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE RE CLAIMS 9638.49"

                    49p.... I acknowledged the claim, and stated I intend to defend.

                    Many thanks!
                    Paul

                    Comment


                    • #11
                      Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

                      Good morning Paul,

                      OK It's important to get the claim on track first.
                      Have you acknowledged service of the claim?
                      Stated intention to defend?
                      This can be done on Money Claim Online. (MCOL)

                      nem

                      Comment


                      • #12
                        Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

                        Hi nem,
                        Thanks for the reply. Yes, I acknowledged service of claim and I did state intention to defend.
                        Paul

                        Comment


                        • #13
                          Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

                          Hello,
                          So you sent the CCA request to Cabot and received the reply you posted above, leave it like that for the time being
                          You acknowledged service of the claim with the intention to defend. When is your defense due date?
                          If you haven't done it, send your CPR request to Mortimer asap asking for all the documents they mentioned in the particulars of claim , agreement/contract,T&C of the credit card/default/termination of agreement/deed of assignment. Please send signed for and keep the receipt.

                          Keep us posted !

                          Comment


                          • #14
                            Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

                            Hi there,
                            I think the defense due date is 12/02/16, the court papers are dated 11/01/16, so adding the 28 days + 5 would be the 12th of Feb.
                            I haven't sent the CPR to Mortimer's yet, because I was wondering what documents to ask for, as there is only mention of the agreement, nothing about contracts etc, although I'm at work now until the early hours, so can't confirm till I get home.

                            Thank you for your help, it's much appreciated.

                            Paul

                            Comment


                            • #15
                              Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

                              Sorry my mistake , in your CPR request ask only for the documents they mention in the particulars of the claim , so if they mention the agreement then ask for that only . They have 7 days to reply to you

                              Comment

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