Help please: Mortimer Clarke and old Capital One card

[Maxim]

Good Evening all,

I did not where post this so I thought I would start here.

After nearly 2 years Mortimer Clarke have produced a so called CCA so I do not know what to do. I have never acknowledged the debt and it is not on my credit record.

• Do I just send a Statute Barred letter ?
• How do I check if the CCA is real? as this is pre- 2005.

Any advice you can provide will be greatly appreciated.

Thank you in advance

Kind regards

Maxim

[Diana M]

Re: Help please: Mortimer Clarke and old Capital One card

After nearly 2 years Mortimer Clarke have produced a so called CCA so I do not know what to do. I have never acknowledged the debt and it is not on my credit record.

• Do I just send a Statute Barred letter ?
• How do I check if the CCA is real? as this is pre- 2005.

Does this issue relate to your other thread about a claim which has been stayed for two years?

If so you appear to have pleaded that the debt was Statute Barred before the claim was issued.

If that is genuinely the case then it wouldn't matter if the credit agreement is 100% compliant since Statute Barred is an absolute defence.

Received a claim: Yes
Issue Date: 8 June 2015
Amount: £2700
Claimant: Cabot Financial
Solicitors: Mortimer Clarke

Particulars of Claim:

By an agreement between Capital One (CPON & the defendant on or around 09/05/2011 ('the agreement') CPON 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 £2700.

Statute barred: Yes and not on credit record

I received the claim form late but this Crap One card was defaulted in 2006 and the last time I acknowledged I think was 2008. I have received the standard letter from Cabot in response to my CCA saying they do not have the relevant info on file and have requested it from the lender.

Link > http://legalbeagles.info/forums/show...427#post557427

Have you ever sent a Subject Access Request to Capital One to get the full history of this debt? If not then it might be wise to do that now.

Di

[warwick65]

Re: Help please: Mortimer Clarke and old Capital One card

Just looking at the quotes Di posted
On the POC it mentions 2011 but you are saying it was defaulted in 2006 and last acknowledgement in 2008.

All these statements can not be accurate

Just read your old thread, it was 2001 - a typo

[Maxim]

Re: Help please: Mortimer Clarke and old Capital One card

Good evening Diana M,

Thank you very much for your prompt response it is greatly appreciated.

Does this issue relate to your other thread about a claim which has been stayed for two years? Yes this is the same one and I have just received a copy of a an agreement from Mortimer Clarke. How can I tell if it is real?

If so you appear to have pleaded that the debt was Statute Barred before the claim was issued. In my defence to the court in 2015 I stated that the debt was statute barred but would it be helpful to send another SB letter to Mortimer Clarke now? as I am keen to resolve this.

If that is genuinely the case then it wouldn't matter if the credit agreement is 100% compliant since Statute Barred is an absolute defence


Link > http://legalbeagles.info/forums/showthread.php?66860-Court-Claim-Maxim-V-Cabot-Financial-Mortimer-Clarke-Solictors&p=557427#post557427

Have you ever sent a Subject Access Request to Capital One to get the full history of this debt? If not then it might be wise to do that now. No I have not but will requesting this admit liability for this debt?

Di

Thank you in advance

[Maxim]

Re: Help please: Mortimer Clarke and old Capital One card

Good evening Warwick65,

Thank you for your response.

Just looking at the quotes Di posted
On the POC it mentions 2011 but you are saying it was defaulted in 2006 and last acknowledgement in 2008. This was a typo the card dates back to 2001.

All these statements can not be accurate

Just read your old thread, it was 2001 - a typo

Kind regards

[warwick65]

Re: Help please: Mortimer Clarke and old Capital One card

To answer one question you asked Di
Sending a SAR to capital one does not admit liability because you are asking them for all info they hold on any account or dealings you may have had with them. It is not specific