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Mortimer Clarke Solicitors Claim issued

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  • Mortimer Clarke Solicitors Claim issued

    Afternoon,

    For the past few months I've been trying to help my partner with sorting her finances out, as she's in a fairly bad way. I've been trying to negotiate with the above, but they have now issued a County Claim Form. So, what's the next thing I need to do? It's for just over £1000 and at the time I last wrote to them, she was £13 OVER her bills with her wage, but since then has started a College course where her employers have suggested she drop her hours down from 24 to 20 a week, and thus reduced her wages. I "could" pay the amount in full, should it become necessary but I've been trying to get a suitable payment plan set up, or reduced amount settlement.
    So, now from having a £13 excess on her wage, having paid all of her bills, now she will have a shortfall. I did email Mortimer Clarke a few days ago to inform them of this and specifically asked them to send some paperwork out to complete the updated income/outgoings. This was 18th October, with the claim issued 25th October.

    Is it worth writing to them with the latest income and outgoings still?
    Tags: None

  • #2
    Can you tell us a bit about the original debt please. What is it for, when did it default/last get paid etc?
    Also type out the particulars of claim from the claim form.
    Have a read of the First Steps post.

    And don't email MC anymore. Are they acting for Cabot?
    Was your original email on the 18th in response to a letter before claim at all ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Comment


    • #3
      I don't have exact details to hand but it was an Aquacard, passed to Cabot, and then as I took control it was being passed to MCS. Defaulted April 2018, last paid a few years ago. I'd wrote to Cabot, who forwarded the letter to MCS, and MCS themselves responded saying the income/outgoings at the time had £10 extra that could be used and they expected an offer to be forthcoming. The letter itself was misplaced, but my email was in response to that letter. I had made a settlement offer of 25% of the debt, as a starting point to negotiate. In their one response, they'd suggested £700ish to settle. In the email I stated that kind of money wasn't possible and informed them of the change in circumstances and asked for an income/outgoings form to be posted out.

      Particulars of Claim: By an agreement between SAV Credit Re Aqua & the defendant on or around 17/08/2015 ('the agreement') SAV Credit Re Aqua 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 CLAIMS 999.99 2. Costs

      Comment


      • #4
        Received a claim? Yes
        Issue Date: 25/10/2018
        Have you Acknowledged the Claim? No:
        Total Amount Claimed : 1200
        ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
        Claimantís Name: Cabot Financial UK LTD
        Solicitors Firm: Mortimer Clarke
        Original Creditor: Aqua
        Original Debt: Credit Card :
        Particulars of Claim: As above
        Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
        List any letters you have sent (eg: CCA/ CPR ) No
        Any Other Information or Background Details: As above

        Comment


        • #5
          If it was last paid a few years ago it's unlikely it only defaulted in April 2018 - do you have access to her credit file ?

          Aqua was run by NewDay NOT SAV Credit in August 2015 so at some point they will need to amend as the agreement won't be with SAV Credit at all. ( Save that for defence though)

          So follow the first steps for the moment, acknowledge the claim with intend to defend, send a SAR to Aqua, a CCA request to Cabot and a CPR request to MC. The CPR request can only ask for the agreement as that is all that is mentioned, but leave the paragraph in that says you have sent a CCA request to Cabot as well.

          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter

          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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          • #6
            I have the paperwork for her debts. Just looking through it now but maybe last year she last made a payment. I'll get her to fill the court things in herself while I prepared and send the rest off today. 3 letters to 3 separate places. Any specific person/Department to send to?

            Comment


            • #7
              Amethyst citizens advice are suggesting she makes an offer of repayment direct to Cabot based on income/outgoings. Any advice?

              Comment


              • #8
                citizens advice? they always say that, ignore for now (bad advice in most cases) last advice given to me from ex bank manager is pay them regardless (felt like flushing the toilet I was sat on what you say??? well no room available he sat on narrow window sill I sat on toilet lid my wife leaned on the door), glad never took his advice and carried on a case.

                Comment


                • #9
                  She can do if there's no dispute over the debt however I would first ask for copies of documentation to ensure the debt is valid and they do have the legal right to claim it.

                  If you have the original documents thats good to compare to what they send you.

                  The acknowledgment of service extends the time to make a decision as to whether to admit and offer or to defend the case to 33 days from the date of issue - saying 'intend to defend' now isnt binding. Also if they can't provide the documents or there are faults you are more likely to get a reduced settlement figure without having a CCJ applied ( possibly via a consent order) If you simply complete the admission and offer to pay documents there will be a CCJ applied which remains for 6 years. She could make an instalment offer direct with Cabot now but she needs to have any discussion 'without prejudice' and have it in writing the claim will be stayed and discontinued once payments are completed.

                  CCA to CABOT
                  CPR to Mortimer Clarke

                  No need for the SAR if you have your docs

                  so if you have original agreement ? can you see if it WAS SAV credit or NewDay ?
                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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                  Comment


                  • #10
                    I found the letter from MCS, dated 28/09/18.

                    it reads as follows;

                    WITHOUT PREJUDICE

                    Dear Miss X,

                    RE: Cabot Financial (UK) Ltd And Miss X

                    ref: ************
                    balance: £1000 (rounded figure)

                    We refer to the above matter and your recent offer in full and final settlement of the balance due. Our client is not willing to accept the offer of £300 (rounded figure), however our client has proposed an offer of 15% off the remaining balance.

                    SETTLEMENT AMOUNT: £900 (rounded figure)
                    PAYMENT DUE DATE: 20/10/18

                    We accept payment online at [website], by debit card, cheque, bank transfer. Alternatively, our bank details are as follows:

                    xxxxxxxxxxxxxx

                    Please be advised that if the payment sum shown above is not received by the due date, our instructions are to peruse you for the full outstanding balance.

                    Moreover, we not you have an available monthly surplus of £20 (rounded), if this settlement proposal is not acceptable, then please put forward a revised offer of payment within 14 days.

                    We trust this is of assistance to you

                    Comment


                    • #11
                      Is there not supposed to be a letter of claim issued in the meantime before issuing court papers? My email sent was within the timeframe they stipulated

                      Comment


                      • #12
                        The letter of claim may have been the letter that was misplaced that you replied to on the 18th. Do you recall if the letter had a reply form with it ?

                        Anyway, it is in the past now and you can mention the lack of a letter of claim and that you were in discussions re settlement/instalments when they issued the claim in your witness statements but it's not really going to make a lot of difference.

                        You sent the CCA and CPR requests didn't you. So they haven't yet provided documents and you could go back and decline their offer, state that you will await copies of the documents and then consider your position re defending the claim. If you are in a position to pay it in full IF you have to, there's nothing to lose by putting your defence in - you could always negotiate at mediation further along if they come up with documents ( or if they don't use it to negotiate your £300 offer maybe )
                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                        FORUM: How to upload PICTURES and DOCUMENTS
                        FORUM: How to find your Posts & Threads
                        FORUM: How to Change your Avatar

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #13
                          So the CCA and CPR requests were sent off yes, and I await their responses. I did try to negotiate with Cabot directly who simply stated any correspondence needs to go to MCS themselves. MCS wrote a reply saying they arenít interested in any negotiations for settlement, intend to proceed to court and the only way to avoid a CCJ is to pay the balance in full. Iíll see what response the CCA and CPR requests bring but Iím conscious time is running short

                          Comment


                          • #14
                            MCS = keep their letter stating above for possible use later

                            Comment

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                            SHORTCUTS

                            Pre-Action Letters
                            First Steps
                            Check dates
                            Acknowledge Claim
                            CCA Request
                            CPR 31.14 Request
                            Subject Access Request Letter
                            Example Defence
                            Set Aside Application
                            Witness Statements

                            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                            NOTE: If you receive a court claim note these dates in your calendar ...
                            Acknowledge Claim - within 14 days from Service

                            Defend Claim - within 28 days from Service (IF you acknowledged in time)

                            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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