County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

[warwick65]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

My understanding is once a defence has been submitted no new legal arguments can be introduced without amending your defence which costs money

[hra47]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

One more thing if I may?

I've been reading the forum and am unsure if cabot UK actually have a legal right to be a claimant re license. Mortimer Clarke said nothing so is this something that should have gone in my defence/can be used at a later date?

If you get an answer as to whether Cabot Financial UK Ltd has the legal right to be a claimant,could you possibly let me know - I have asked this on a couple of sites,and am none the wiser - thanx in advance,and good luck for your situation
All best, hra47

[warwick65]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

If you get an answer as to whether Cabot Financial UK Ltd has the legal right to be a claimant,could you possibly let me know - I have asked this on a couple of sites,and am none the wiser - thanx in advance,and good luck for your situation
All best, hra47

I'm not sure the argument is quite so easy. I'm sure at some point there will be some case law

[hra47]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Thanx for reply warwick65 - just looking for some silver linings - but if Cabot Financial UK Ltd is not licensed,is it a bit simplistic to think all they have to do is transfer the debt to some part of their organisation that is licensed?!

[Diana M]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

once a defence has been submitted no new legal arguments can be introduced without amending your defence which costs money

And also needs permission from the court unless the other party is willing to consent to an Amended Defence.

Di

[Angel1978]

UPDATE:

13th December 2017: Received a letter thanking me for my request of information under sections 77-79 of CCA 1974.
Advised they do not have the information on file but they have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

They go on to say that:

I acknowledge the 12 day time limit to provide this information before the credit agreement becomes temporarily unenforceable. However, as we have to request the data from the original lender I anticipate that we will not be able to provide this within 12 days but we hope that within 40 days we will have retrieved the information to comply with your request. In the unlikely event we are unable to obtain this information after 40 days, we will write to you again.

I didn't reply as I have already filed my defence, the ball was still in their court.

Fast forward to 22.02.18

I receive a letter from Mortimer Clarke attaching documents:

Reconsititued copy of agreement
statement of account from the original lender
Notice of Assignment
Statement of account from our client

Stating in the letter: 'Our client is not able to provide a copy of the original credit agreement. However, please find enclosed a reconstitued copy of the credit agreement.'

It is not clear what your defence to this agreement is, we ask that you set out the precise legal basis of any defence within 14 days. Alternatively our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repayment proposals to address the outstanding balance.

A letter at the back of all of the documents shows a 30% discount on the outstanding balance with note of a possible Tomlin Order.

I'm really confused. Any advice pls? Amethyst

[Amethyst]

Hi Angel xxx They took their time. Well, check it is the right agreement firstly, It's capital one from 2015 I believe, so it is likely to be right, all pretty recent. If you can do a pic and upload the terms it would be appreciated though to add to the file ( http://legalbeagles.info/forums/foru...and-agreements ) ... but slightly ridiculous they can't provide the signed ( well, X in a box ) agreement. Do the transaction lists/statement look right to you ?

It's £360 overall, and they're offering a Tomlin with a 30% discount, but presumably an extra £100 to lodge the Tomlin ? You'd be better just making a full and final settlement ( you might be able to get £100 knocked off as it will save them having to apply to lift the stay to proceed the case )

[Angel1978]

Hi Angel xxx They took their time. Well, check it is the right agreement firstly, It's capital one from 2015 I believe, so it is likely to be right, all pretty recent. If you can do a pic and upload the terms it would be appreciated though to add to the file ( http://legalbeagles.info/forums/foru...and-agreements ) ... but slightly ridiculous they can't provide the signed ( well, X in a box ) agreement. Do the transaction lists/statement look right to you ?

It's £360 overall, and they're offering a Tomlin with a 30% discount, but presumably an extra £100 to lodge the Tomlin ? You'd be better just making a full and final settlement ( you might be able to get £100 knocked off as it will save them having to apply to lift the stay to proceed the case )

Hey Amethyst, thanks for the speedy reply as always!

The statement is just a list on A4 white paper with amounts details and dates. The terms have the capital one logo on top.

The settlement proposal doesn't mention a £100 to lodge the Tomlin. It reads:

We have been instructed by our client to write to you with a settlement proposal.

Our client is willing to offer you a 30% discount on the outstanding balance of £359.19. This equates to a settlement sum of £251.43. Our client is willing to accept this sum in reasonable and affordable monthly instalments.

If you would like to take advantage of this discount settlement and avoid the need for further court proceedings, please complete the enclosed statment of means form detailing your financial position and return it to us within 14 days. Please note, this settlement proposal is available for 14 days, after which it will be automatically withdrawn.

If you agree to this settlement proposal we may be instructed to send you a Tomlin Order detailing the settlement agreement. The Tomlin Order would contain terms that our client will not be entitled to apply for a county court judgment against you, whilst you are regularly repaying the balance under the agreed settlement terms.

[Amethyst]

Well that sounds okay then Entirely up to you, if you think the documents all look okay and you know what the debt is, and the discount takes any court fees/unfair charges that have been added off, it could be worth considering to avoid potential CCJ in the future. They will have to apply to lift the stay to proceed, sounds like that might be what they intend if you don't respond to their 14 day letter - annoyingly they do usually get the stay lifted without much problem, but it does cost them the application fee to do it which they might not deem worthwhile in this case.

There isn't a precise answer really, it's what you feel is best for you to do, if you want to fight them or get it out your hair.

[Angel1978]

Well that sounds okay then Entirely up to you, if you think the documents all look okay and you know what the debt is, and the discount takes any court fees/unfair charges that have been added off, it could be worth considering to avoid potential CCJ in the future. They will have to apply to lift the stay to proceed, sounds like that might be what they intend if you don't respond to their 14 day letter - annoyingly they do usually get the stay lifted without much problem, but it does cost them the application fee to do it which they might not deem worthwhile in this case.

There isn't a precise answer really, it's what you feel is best for you to do, if you want to fight them or get it out your hair.

That's fair enough. It's a relatively small debt so i'm leaning towards offering a full and final settlement anyhow i'm just unsure of the way forward. A couple of questions if that's ok?

1) How much is their application fee to lift the stay? I should counter offer with that in mind?
2) If I offer a full and final settlement can it be £100+ less than the £251.43 that they are asking for?
3) Can I e-mail them a full and final settlement letter rather than send them a letter? My local post office closed so i'm having to travel miles to send special postage.

Many thanks! I know this is a small debt to many but I earn £60 a week. It's a lot of money for me to find so the lower the F&F payment the better.

[Amethyst]

I believe they would have to apply without consent and with a hearing so it SHOULD be £255 but I think they get away with £100 due to the inherent unfairness in the system.

They've offered installments under the Tomlin - but I'm not sure how little they'd accept - you should in no way put yourself into hardship because of it, so if £1 a week is all you can afford that is all you can offer. Have they given an installment amount in their draft Tomlin? If it did go through court and they won eventually then you could ask to pay by installment anyway and that would be based on your affordable amount through your income and expenditure - it would mean though that you have a CCJ against you on the register and credit file for 6 years. To get a really low installment amount I think the offer would have to be at the higher end, if you can get a full and final one off payment then you're much more likely to get a bigger discount ( and no harm asking for another bit off to take it to 50% of the debt amount ) - not sure if you'd get much of a better deal than that unless you continue defending the claim and they chuck in the towell.

Also - no need to send letters special D, 1st class post is plenty any negotiation/ offer letters should be marked' WITHOUT PREJUDICE '.

[Angel1978]

I believe they would have to apply without consent and with a hearing so it SHOULD be £255 but I think they get away with £100 due to the inherent unfairness in the system.

They've offered installments under the Tomlin - but I'm not sure how little they'd accept - you should in no way put yourself into hardship because of it, so if £1 a week is all you can afford that is all you can offer. Have they given an installment amount in their draft Tomlin? If it did go through court and they won eventually then you could ask to pay by installment anyway and that would be based on your affordable amount through your income and expenditure - it would mean though that you have a CCJ against you on the register and credit file for 6 years. To get a really low installment amount I think the offer would have to be at the higher end, if you can get a full and final one off payment then you're much more likely to get a bigger discount ( and no harm asking for another bit off to take it to 50% of the debt amount ) - not sure if you'd get much of a better deal than that unless you continue defending the claim and they chuck in the towell.

Also - no need to send letters special D, 1st class post is plenty any negotiation/ offer letters should be marked' WITHOUT PREJUDICE '.

Thank you!

They are requesting my income and expenditure and offer of monthly payments at present. Is it worth coming in with a full and final settlement offer of 60% off and being ready to come down to 50%? Or should I just offer the 50%. Bearing in mind this money would be borrowed off a friend and won't be available forever anyhow.