Mortimer clarke solicitors

[Kendog1991]

I have done the 3 letter process aswell as sending a section 10 notice..they have totally ignored them and sent me this letter...can any give me some advice on this please

[MIKE770]

what? FOTL this smells of badly forget it> 3 letter process you end up hammered if you carry on with that, change to reality and fight that way

[Kendog1991]

So your advice?

[Amethyst]

Hi kendog,

Were the owners of the debt ( who is that btw?) chasing you for payment when you sent the 3 letters ? Any mention of bringing court action ?

Can you explain a bit what the section 10 notice is for ?

The debt isn’t huge by the looks of it, what kind of debt is it, how old and any dispute on it or simply became unaffordable ?

[Kendog1991]

There is threat of ccj and the debt became unaffordable due to me being made redundant..i sent the 3 letters last year may time.. they said they was going to contact the orignal credior for the documents i requested such as .i have recently been in touch with all the documents i request apart from the deed of asignment..they told me i dont need the deed of assignment..i have attached the last letter i sent to them

[Kendog1991]

They have recently been in contact*

[Kendog1991]

Section 10 notice

[Amethyst]

Ok - nothing fatal in there though I’d suggest going back to using your name now and Im not sure on what grounds you have issued the section 10 for unlawful processing of data - solely due to lack of deed of assignment ?


Anyway, They have sent you the documents, so notice of assignment ? default notice ? and does that include the agreement and terms ? Do any of the three letters actually include a s.78 Consumer credit act request for the agreement ( with the statutory fee of £1) ?

So Cabot own the debt now ( allegedly ) - what was the original debt and who with ? Credit card / payday loan / catalogue / phone contract etc ?

[Kendog1991]

I issued the section 10 notice to cabot and no i have not asked for a s.78 consumer credit..i have all documents except from deed of assignment which they have failed to provide me and it was for a credit card

[Amethyst]

Ok. When was the credit card account first opened ? When did it default ? Â*Is the agreement they have sent compliant ?
Any Ppi / rop insurances on the card ? Any Charges ?

So at the moment they haven’t issued a claim or sent a letter before action, so just chasing you to make a repayment arrangement with them ?

What do you want to do with it ?

[Kendog1991]

I really cant remember when it was for..and i would like to not deal with these scummy debt collectors as i still cant afford repayments as i am not currently working..i do really appreciate all your help so i want to thankyou for taking the time

[Amethyst]

Okay so they don’t have instruction to look at court yet Â*

Cabot U.K. do have a licensing issue which could assist in obtaining the deed of assignment ( or put them off potentially going for court action ) - so on the notice of assignment they have sent you is that assigning the debt from the original creditor to Cabot U.K. or Cabot Europe ? Â* Â*

I would suggest sending a formal cca request ( see templates top right of court claim forum ) to Cabot directly too ( although bear in mind they have already provided the agreement so are likely to send the same again ) actually maybe if you could do some pics of the documents they have sent it would help get a better picture of things ( redact your personal info I’ve unapproved last letter as had your details on ) and see if there are any arguments you can put to them to see them off.Â*

does this show on your credit file ?

[Kendog1991]

I have sent a cca off today first class signed for with £1 postal order. This is the orginal letter they sent me after i asked for the documents

[Kendog1991]

They could not provide me with the orginal credit agreement or the deed of assignment

[Kendog1991]

I sent the cca request form On the 15th i have no reply yet and the 12 days will be up tomorrow..how should i proceed?