Cabot, mortimer clarke solicitors threat of court action.

[ashley01283]

Hi, new to the group and first post.

I have received a letter From Mortmer Clarke Solicitors (Cabot) telling me to pay £3794.27p for a hire purchase aggreement which I have a copy of, within 14 days of the date of the letter sent (04/01/2017) I received this letter today the 13/01/2017 or they could take me to court for CCJ.

Why 9 days?

Anyway, the default was in 2009 I think and has been removed from my credit file, so I think i'm right saying it is Statue Barred?

I have scanned this letter to post on this forum, I have also scanned statements from Cabot saying my account was at the same level of £3794.27p since 2/10/08 (8 Years)

However I had an accident in 2011 and my insurance made a payment the summer of that year I believe to The Funding Corporation who gave me the HP Finance.

There is obviously no mention of this on the statements.

I have as of december 2016 finally had the relief of every item on my credit file being removed after 6 years and now have a good credit card history which has put my rating at virtually perfect with experian.

I really do not want a CCJ at this point !!!!

I would like to know in the remaining 5 days, what should be my next move

[ashley01283]

Re: Cabot, mortimer clarke solicitors threat of court action.

And further scans

[Amethyst]

Re: Cabot, mortimer clarke solicitors threat of court action.

Hi Ashley

Just having a read through your post xxx Thanks for posting up the paperwork.

Sharon

[ashley01283]

Re: Cabot, mortimer clarke solicitors threat of court action.

Hi Sharon.

Thankyou for your quick responce.

Ashley

[Amethyst]

Re: Cabot, mortimer clarke solicitors threat of court action.

The original agreement would have concluded in October 2011 I believe ( 49 month agreement starting Sept 2007 - double check my maths there...) - that could affect the statute barred date depending on the contract you had and how/when it was actually terminated. ( BMW v Hart case law ) However, as you now have a letter before action I would suggest responding to Cabot (Mortimer Clarke) - you do not acknowledge any debt however you would contend the debt to be statute barred (by virtue of the Limitation Act 1980 section5 ) as no acknowledgement or payment of the debt has been made in excess of 6 years, and any court claim will be strongly defended. This puts the onus of proof on to them and MAY hold them off but they might just go ahead anyway.

You should also send a formal CCA request to them with a £1 so they must produce a copy of the original HP agreement. That goes to Cabot direct - but send a copy to Mortimer Clarke too so they are aware you have done so.

What were the circumstances of defaulting on the HP agreement ?

If you went to court and lost yes you would have a CCJ, you may be able to make an offer to settle now at say 50%, however once they issued a court claim they are unlikely to take less than 75% in settlement - otherwise you could make an installment arrangement with them ( if it has been issued at court - under a consent order) which would keep it off the register and your credit file. But I think it is worth exploring their response to your statute barred contention first.
[MENTION=71570]R0b[/MENTION] ref HP agreement and BMW v Hart.

[ashley01283]

Re: Cabot, mortimer clarke solicitors threat of court action.

I basically lost my job around 2009 after the recession and simply stopped paying and have not paid a penny since and have not contacted them since either.
Would you like to see the original aggreement if I can find it?
It's lengthy but I can scan them too.

[Amethyst]

Re: Cabot, mortimer clarke solicitors threat of court action.

Yes please - but still get the CCA letter ready to send as they need to supply this, or a recon of, to enforce in court.

Just realised you're in the welcome forum so I'll shufty you down to the court claim forum so it's easy to find the 'templates'.

edit: DONE - see green box above this thread

[ashley01283]

Re: Cabot, mortimer clarke solicitors threat of court action.

Ok no problem.
Ill attach the scans now.
It's not as legthy as I remember seeing it 10 years ago.

[ashley01283]

Re: Cabot, mortimer clarke solicitors threat of court action.

Original Agreement

[Amethyst]

Re: Cabot, mortimer clarke solicitors threat of court action.

I have the same car lol. (I'll edit off the reg and your name off page 2)

There should be a couple other sheets of terms along with this ( see where it refers to clause 5.2 of the terms )

[Amethyst]

Re: Cabot, mortimer clarke solicitors threat of court action.

Will need to wait for Rob or Des to have a look at it regarding BMW v Hart - I'm not fully up on where things stand with that and HP agreements at the moment. Still get a response to Mortimer Clarke and a CCA request to Cabot sorted.

This is the case http://www.bailii.org/ew/cases/EWCA/Civ/2012/1959.html

[ashley01283]

Re: Cabot, mortimer clarke solicitors threat of court action.

Unfortunately I don't have any other information.
I suspect it might have been thrown away as it's been so long, but it might be somewhere.

Long shot but I could I suppose contact the dealer (Carcraft West Midlands) who supplied the car and arranged the finance to see if they have the information.

Just a thought.

[Amethyst]

Re: Cabot, mortimer clarke solicitors threat of court action.

Urghhh Carcraft. No don't worry, there will be some terms flying about somewhere and you don't want to make them have your terms to hand for when/if Cabot contact them for the original copies.

[Amethyst]

Re: Cabot, mortimer clarke solicitors threat of court action.

You should have received a letter like this at some point - http://i1264.photobucket.com/albums/...psf579c170.jpg - if they do go to court you can request a copy of that - if they did terminate in 2008 then you should be okay stat barred wise I believe.

[ashley01283]

Re: Cabot, mortimer clarke solicitors threat of court action.

It looks familiar, but I would have nothing like that anymore and i'm not sure exactly what date it was.

I'll give it some thought.

I was terrible for just throwing letters away without any thought pre 2010.

You should see the amount of boxes of letters I have now though, really should sort through it all.