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Letter before claim query

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  • Letter before claim query

    Hi there.

    I have zero experience of this type of forum, so apologies in advance if I do not use it correctly in the first instance.

    My issue is that I have received an 'LBC' letter from Mortimer Clarke Solicitors, relating to an old debt with Northern Rock. The debt is now owned by Marlin, though I have been chased by Cabot and now Mortimer Clarke (MC).

    The LBC (dated 22/3/17) says that I have 14 days to pay the balance in full or MC will issue a claim against me in the County Court for the full balance, on the instruction of their client (Marlin).

    I have had a look around on the internet at various forums but have found the various instances and responses confusing, as to the whole process of what to do and when. My worrying hasn't helped me in organising what to do either! On this site I have seen a response to a similar issue a while back.. it said:

    Firstly, don't panic.

    Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

    So, first steps (within 14 days of receiving the claim)

    1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
    You'll need your claim reference and password from the front of the claim form

    2: Send A CCA REQUEST to the CLAIMANT ( see here )
    This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.


    3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

    This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

    If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

    Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.

    Is this the route I should take? I have registered with MCOL, but on the LBC letter there aren't any details of a claim number or password so I can't register my defence there yet. Should I be waiting for the 14 days to pass and the actual court papers to arrive. I am so confused.

    Thanks for any advice anyone can give.
    Tags: None

  • #2
    Re: Letter before claim query

    You for now only have a "Letter before claim" not an actual claim.... So there is no claim number..

    Send a CCA request out asap to Marlin, it may hold them up, doubtful but maybe and if they do take the next stage you can use this as part of your defence...
    Last edited by Stu; 3rd April 2017, 15:52:PM.

    Comment


    • #3
      Re: Letter before claim query

      Hi welcome to LB.

      Marlin/Cabot/ Mortimer Clarke are trading styles of the Cabot group.

      Answers Please.

      What type of credit account was this, credit card/ unsecured loan/ HP/bank/overdraft?

      When was the account opened?

      When was it defaulted /terminated/Closed?

      How much is owed?

      When did you last make any payment or acknowledgment made ?

      Any other details / history of the account/debt will help us advise fully.

      Yes send a CCA request with the £1.00 statutory fee ( use a postal order marked " For Statutory Fee Only" and use signed for post.so you can check delivery date and signature.

      As no claim has yet been issued just the CCA request for now.

      There's a template in the green box at the top of the " court claim" forum.

      nem


      nem

      Comment


      • #4
        Re: Letter before claim query

        Hi, thanks for the help everyone.

        It was/is an unsecured loan opened in 2008 or 2009 the balance is around 26k

        The debt was defaulted in January 2011, between then and 2013 it was a part of a debt management plan as my circumstances changed and I couldn't afford to pay. 2013 was the last contact or payment until Cabot contacted me late last year. I didn't reply and now this from Mortimer Clarke.

        Thanks again

        Comment


        • #5
          Re: Letter before claim query

          Originally posted by Maelstrom70 View Post
          Hi, thanks for the help everyone.

          It was/is an unsecured loan opened in 2008 or 2009 the balance is around 26k

          The debt was defaulted in January 2011, between then and 2013 it was a part of a debt management plan as my circumstances changed and I couldn't afford to pay. 2013 was the last contact or payment until Cabot contacted me late last year. I didn't reply and now this from Mortimer Clarke.

          Thanks again
          OK £26K will probably be allocated to the Fast Track court process if it gets to court.

          Do have any defence to the claim?

          nem

          Comment


          • #6
            Re: Letter before claim query

            Hi, I'm not sure what you mean by defence. Reason I shouldn't pay? I took the loan when I was married and it was affordable. The change of circumstances was a divorce and with a large mortgage that I couldn't cover alone I had to move. The loan went to default. My ex wife declared herself bankrupt and I inherited the joint negative equity as sole debt. As this loan I'm asking about was unsecured it took a back seat. But I did take the loan out and so am responsible for it. Looking at other posts here and elsewhere I guess I could only try to ask them for copies of the original agreement and this may stop them? If they can't provide details?
            I have cleared most of the rest of the debt and as this one was passing the 6years from default date on my credit score in January I hoped it would go away. Looks like it hasn't.

            Comment


            • #7
              Re: Letter before claim query

              Originally posted by Maelstrom70 View Post
              I have received an 'LBC' letter from Mortimer Clarke Solicitors, relating to an old debt with Northern Rock. The debt is now owned by Marlin, though I have been chased by Cabot and now Mortimer Clarke (MC).

              The LBC (dated 22/3/17) says that I have 14 days to pay the balance in full or MC will issue a claim against me in the County Court for the full balance, on the instruction of their client (Marlin)
              Hello

              Was this loan part of a Northern Rock Together Mortgage originally or was it a standalone unsecured loan?

              You've not received a claim yet so let's try to put you in the best positon to defend one if it arrives.

              Since this is a loan you will need to send a section 77 CCA Request. Here's a link to a template used by this forum > http://legalbeagles.info/forums/show...=7670#post7670

              The request goes to the owner of the debt which you say is Marlin/Cabot. Send a copy of it to their solicitors Mortimer Clarke.

              You also need to send a Subject Access Request to Northern Rock to get the full history of the account.

              Was this loan sold to you by a broker by any chance?

              And finally was there any PPI involved?

              Di

              Comment


              • #8
                Re: Letter before claim query

                Originally posted by Maelstrom70 View Post
                I took the loan when I was married and it was affordable. The change of circumstances was a divorce and with a large mortgage that I couldn't cover alone I had to move. The loan went to default. My ex wife declared herself bankrupt and I inherited the joint negative equity as sole debt. As this loan I'm asking about was unsecured it took a back seat. But I did take the loan out and so am responsible for it.
                Any chance this was a joint loan when you took it out?

                Di

                Comment


                • #9
                  Re: Letter before claim query

                  If it's a £26k debt it is likely to be allocated to Multi Track not Fast Track if a claim is issued.

                  No need to worry about that yet though.

                  Di

                  Comment


                  • #10
                    Re: Letter before claim query

                    Originally posted by Maelstrom70 View Post
                    the debt was defaulted in January 2011
                    Have you received an annual Statement of Sums in Arrears since then?

                    I'll explain why that matters depending on your answer.

                    Di

                    Comment


                    • #11
                      Re: Letter before claim query

                      Hi there
                      It was a standalone loan. No broker and no PPI involved.

                      Thanks for the template, I will try to get that off in the next day or so. Is there a template for the subject access request too?

                      Once again thanks everyone. Can I ask.. Why would they (Mortimer Clarke /Cabot/Martin) wait so long before the lbc and possible court action? The default is over 6 years old.
                      Thanks

                      Comment


                      • #12
                        Re: Letter before claim query

                        It was a loan in just my name. I don't believe I've ever received a statement of arrears. Would that have come from Northern Rock?

                        Comment


                        • #13
                          Re: Letter before claim query

                          Originally posted by Maelstrom70 View Post
                          Hi, I'm not sure what you mean by defence. Reason I shouldn't pay? I took the loan when I was married and it was affordable. The change of circumstances was a divorce and with a large mortgage that I couldn't cover alone I had to move. The loan went to default. My ex wife declared herself bankrupt and I inherited the joint negative equity as sole debt. As this loan I'm asking about was unsecured it took a back seat. But I did take the loan out and so am responsible for it. Looking at other posts here and elsewhere I guess I could only try to ask them for copies of the original agreement and this may stop them? If they can't provide details?
                          I have cleared most of the rest of the debt and as this one was passing the 6years from default date on my credit score in January I hoped it would go away. Looks like it hasn't.
                          You can be sure that with a loan this size they will issue a claim.

                          Yes do the CCA request asap.

                          How old is the debt/ when did you last make any payments or acknowledge the debt?
                          For the debt to become statute barred there must be six clear years without any payments or written acknowledgments.

                          Any payment restarts the six year period.

                          All defaulted accounts are removed from credit files after 6 years from the default date paid or not.

                          nem

                          Comment


                          • #14
                            Re: Letter before claim query

                            Originally posted by nemesis45 View Post
                            How old is the debt/ when did you last make any payments or acknowledge the debt?
                            For the debt to become statute barred there must be six clear years without any payments or written acknowledgments.
                            The last payment was in 2013

                            Originally posted by Maelstrom70 View Post
                            2013 was the last contact or payment until Cabot contacted me late last year.
                            Di

                            Comment


                            • #15
                              Re: Letter before claim query

                              Originally posted by Maelstrom70 View Post
                              I don't believe I've ever received a statement of arrears. Would that have come from Northern Rock?
                              The statements would have come from Northern Rock until Cabot took over and then they have to send them. Cabot are usually pretty good at complying with section 86 but Northern Rock may not have been.

                              The Notices must be in a prescribed format too.

                              Non compliance with s.86 can lead to the debt being unenforceable in court.

                              Read s.86E(5) here > http://www.legislation.gov.uk/ukpga/...d-default-sums

                              I've previously suggested you send a SAR to Northern Rock to get the full history of the loan.

                              Di

                              Comment

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