Cabot, mortimer clarke solicitors threat of court action.

[ashley01283]

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

Not sure if it helps but I have found a default date of 25/08/2009 on an old credit report.

And I moved house end of october 2009 so that letter would have been posted to me sometime during those dates.

[R0b]

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

Hello,

Sorry I'm just catching up on the thread and trying to read it all. I did a bit of research on BMW v Hart and I was of the opinion that it was a bit of a duff decision as what it effectively meant for BMW is they could simply not elect to to terminate the contract despite the missing instalments and then effectively 'extend' the limitation period to suit them. Some House of Lords cases have previously acknowledged that the limitation period is in place so that it is to prevent people from bringing a claim whenever they want to, some cases even suggesting that it would be odd if someone could do what effectively the Court of Appeal said in BMW.

That being said, even if this went to court and the judge didn't agree with you, then as I can see it there may be some damage limitation here. You could argue that if the agreement wasn't ever terminated, then it would have been terminated in in 2011. On that basis they can only recover any outstanding instalments within the last 6 years, so any balance owed between the date when they issue a claim and October 2011, they can only recover those payments.

I'd have to read into more and dig out what notes I made on BMW v Hart to understand the position better.

It may be worth sending a SAR off to the creditor if possible and getting as much info as possible.

I can't see a default notice, have they suggested one has been served?

[ashley01283]

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

I would of had a letter back in 2009 advising me of default.
I have had a default on my credit file which came off August 2015.

Sorry SAR ? to The Funding Corporation ?

[R0b]

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

Was it just one default that had applied or did you have several? I don't know if there is a way to verify when the CRA removed the defaults and how many but I am sure they would have that information if you requested it.

Yes the SAR to the original creditor, that would be the Funding Corporation, if they are still around?

[ashley01283]

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

Sorry whats SAR ?
Yes just 1 default applied to my credit file, but multiple risk of default notices.
I have an old Equifax credit report from beginning of 2015 showing details of the default and I can do another report today.
The Funding Corporation are still around I could give them an e-mail requesting all letters and notices they sent me I suppose, If they still have the info.

[charitynjw]

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

SAR
http://www.legalbeagles.info/forums/showthread.php?21788-Subject-Access-Request-Data-Protection-Act-How-to-get-your-information

[ashley01283]

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

Aah I see.
I will get the letters ready and get it all posted out monday.

[ashley01283]

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

Just a quick update.

I have just got off the phone to the funding corporation.

I requested information over the phone and they gave me the following requested information.

I was given 2 termination dates, being termination after default letters.
1st - 22/07/08
1nd - 28/07/09

They also told me I made a payment on 25/11/11 to lowell but Cabot say the account balance has been the same since 2008 and no payments made according to their statements.

Original T&C's are coming in the post.

They freely gave me this info without an SAR, so should I still apply for it ?

[R0b]

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

I would still apply for a SAR to the Funding Corporation, all well and good being told the information over the phone but you want hard evidence of when the termination took place. I would want to know why they are claiming two termination dates as you can only terminate the contract once, and what dates were the termination. If you made a payment to Lowell (presumably Lowell purchased the debt) how do they know that? Are the two companies connected?

In your SAR you would need to reference the agreement number of your contract and also ask for copies of all information relating to the agreement, including the contract, default letters, termination letters, statements showing payments, any notes or comments attached to your account and perhaps a print screen (if possible) of the account overview e.g. when the contract started and when they terminated it.

In the meantime, you could write to Cabot (and a copy to Mortimer Clarke so they are also on notice) and based on your information so far about the contract, you could dispute the amount alleged is actually owed. You should also refer to CONC 7.14 of the FCA Handbook which says that a creditor should suspend all action where the customer genuinely disputes the debt on what is or what may be valid grounds. You require them to provide you with a breakdown of the debt that they are alleging and how they have calculated it.

Hopefully that should give you a bit of breathing space for the time being, a SAR can take up to 40 days which at that point you may be in a position to determine your next steps before they issue the claim.

[ashley01283]

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

Ok the SAR is of to the funding corporation.
The CCA is off to Cabot and a copy of the CCA and a letter saying I do not acknowledge any debt however I 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 to Mortimer Clarke.

[ashley01283]

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

Just adding original T&C's which came throught the post today.

[R0b]

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

Did they arrive from the SAR request or the CCA request or some other reason? Do you still have the goods or have they been returned/collected?

[ashley01283]

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

They came from the phone call I made the other day, they sent me these free. I got confirmation of the SAR request from them today.
I no longer have vehicle, was sold about 4 years back.

[ashley01283]

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

Ok, I have the SAR and There's a LOT of pages. I have attached what I think are most important right now along with Cabot's responce.

[ashley01283]

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

There is also court action it appears. I had no idea about this as I had moved by the time of the judgement but it looks like they went to court to make me return the vehicle, which is why I thought there was no court action and it does not appear on my credit file.

I have not yet received the CCA.