Cabot/Mortimer letter threatening court action/Ccna arrived

[Tiger20]

Hi guys,

Very grateful to have found this website - thanks for all you guys seem to be doing. Anyway I’m in a bit of a panic - stupid of me I know, but had a aqua credit card that defaulted in early 2020. I had stopped making payments in late 2019 when I ran into financial difficulty.

Stupidly ignored all letters and buried my head in the sand with this, but it was sold / passed on to Cabot financial.

I had recently received a letter from Mortimer solicitors saying that they are chasing the debt and I have 30 days to respond before they initiate court action in sense of a CCJ.

Really want to avoid this as best I can but want to know where I stand.

- original creditor: aqua credit card
- amount due: close to £4000
- never spoke to Cabot or Mortimer since it was passed to them from aqua
- this letter has not come from Northampton court but mimicked the look of one of these I believe
- credit agreement was taken out in 2015/16 - online application
- always made payments up until the time I stopped in 2019

I’m tempted to contact Mortimer and try to get a reduction, with the proposition of paying 100-200 per month until cleared. Can possibly pay larger chunks off as I go.

but first wanted to understand my position, my offer and whether I should go down that route without challenging it.

look forward to hopefully hearing the advice from people that have helped or been in positions like this before.

I have to respond to the letter, either stating that yes I owe it/recognise it, want to defend it etc. haven’t got the letter to hand but happy to share more info on it when I’m home if needed.

thanks!!!!

[Tiger20]

Title should say CCJ not Ccna - apologies!!

[Tiger20]

Would be very grateful to have some input from anyone out there please

[Tiger20]

Amethyst hey, sorry to tag but I’ve seen you helping in a lot of the above in the forums. Did you mind helping? Or letting me know who I can reach out to please

if I’ve posted incorrectly please let me know that it needs rectifying!! TIA

[Tiger20]

Celestine Hey, sorry for direct tag. Desperate to hear from someone on the above. Happy to pay for legitimate advice should it be required. Can’t escape this much longer and panicking!

please let me know your thoughts should you yet chance to read

thanks

[Celestine]

Hi Tiger and welcome - apologies I missed your post earlier.

Given that the account is fairly recent, that default also occurred very recently, there are very limited grounds available to challenge this account. You could send a CCA request for a copy of the original agreement, but it is very unlikely there will be flaws with such a modern account....unless someone can indicate differently on Aqua?
If you can avoid this going to court, costs will be reduced and Cabot are certainly receptive to final settlement offers which are a significant reduction. Cabot do now own the account and have legal authority to issue a claim. They will also be receptive to monthly settlement plans, but will be less likely to reduce the total debt owed.

[Tiger20]

Celestine Thanks for the reply! I am debating just offering to pay instead of all the rigmarole of fighting it if that’s the opinion. If the account was opened in 2016 I assume this makes no odds?

is it Cabot id be dealing with now
or mortimer (their solicitors)? Id rather deal with Cabot but I’ve also read a few times that once Mortimer have it they advise to deal with them instead

[echat11]

Copy your letters into both Cabot and Mortimer, that way you steer clear of misunderstandings.

The things you should do are send Cabot a Subject Access Request, see if you can get all the default charges removed and negotiate a settlement figure. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Here are some templates that you can amend, ask them to put a hold on the account, whilst you await the SAR data

https://www.citizensadvice.org.uk/debt-and-money/

[Tiger20]

echat11 thanks for your input! I sent 3 SAR letters out, Cabot, Mortimer and aqua directly too.

all yet to send this info back to me and it’s still within the time frame, but had a letter back from Cabot who again sent this to my old address not my new address I had put on yhe SAR request saying that they received my SAR request and take security very seriously, they state that they require a copy of my ID (passport/driving license) in order to fulfil my requests.

is this normal? Should I send them this kind of info?

thanks in advance!

[EnglandPi]

They are just asking for proof of identity, there is nothing sinister in their request its just standard procedure.

[echat11]

echat11 thanks for your input! I sent 3 SAR letters out, Cabot, Mortimer and aqua directly too.

all yet to send this info back to me and it’s still within the time frame, but had a letter back from Cabot who again sent this to my old address not my new address I had put on yhe SAR request saying that they received my SAR request and take security very seriously, they state that they require a copy of my ID (passport/driving license) in order to fulfil my requests.

is this normal? Should I send them this kind of info?

thanks in advance!

Sending it (letter) to your old address is ridiculous. Keep the evidence, complain to Cabot, if not resolved, make a complaint to the ICO. It breaches Data Protection Principles. I would send a copy of your D/L. Yes it is 'normal', sometimes they ask for ID.

[Tiger20]

Hi guys

very stupid of me but… I complained to Cabot that they sent both the sar response and county court docs to my old address (and didn’t keep proof of postage) but still haven’t heard back

Last night I had an email from ClearScore stating that a CCJ is being added to my credit file on the next update (tomorrow)

I’m now in a huge panic with this as a CCJ will be detrimental for me right now

I initially wanted to agree to settle with a 50% offer of the full amount OR set up an affordable repayment plan with Cabot/Mortimer Clarke to clear the amount whilst preventing court action.

I have been reading online that I may be able to get this set aside since I was not aware / CCJ letters being sent to an old address etc


what do you think I should do about this? Or am I screwed, and it’s too late?
im very frustrated that they didn’t pause legal action when I sent the initial sar request (have proof of postage of this over 1 month ago now) but assume they don’t have to?

thanks in advance

[echat11]

a) On the ClearScore site you can add notes to the CCJ, just write that court documents were sent to the wrong address and the creditor failed to provide requested information. Companies will look at your notes before making decisions on credit.

b) Raise a Formal Complaint, follow their procedure, if they don't resolve the complaint to your satisfaction, then lodge a complaint against Cabot with the FOS.

c) Consider raising a Formal Complaint with the ICO against Cabot.

[Celestine]

Hang on? What happened in between 6/1/22 when you told us about a pre-action letter from Cabot/Mortimer Clarke? WHICH WAS SENT TO CORRECT ADDRESS? (V IMPORTANT!)

They have then sent Court claim/SAR docs to old address??

Please confirm urgently the time line.

If this has happened you must apply immediately to set aside the judgment, it will cost £255. The problem will be if you have any grounds for defence. But lets get some facts straight firstly.

[Tiger20]

Hey Celestine, none of Cabot/Mortimer letters have been sent to my current address. Luckily the old person living there has been selective in forwarding certain things on and this was one of them.

to be clear, every single letter has been sent to a previous address, one that I left mid last year.

I have in fact moved twice and most recently to a new tenancy in January this year - when I sent the SAR requests to Cabot, aqua and Mortimer my new address was the header of each letter expecting them to then forward this info on to my new/current address. This is where Cabot sent the response asking for ID to the address I left mid last year