Mortimer clark reconstituted agreement

[simcat]

Hi, i will try to be brief,

Received a letter this morning from Mortimer clark solicitors with a Reconstituted credit agreement & T&Cs relating to a sainsburys credit card debt as requested through using your templates originally from May 2017 when Cabot applied to Northampton court for a judgement, at the time no paperwork was produced and the time elapsed for court proceedings to continue ,the letter states the debt owing is £8100 and is now enforceable, they ask i make a repayment plan and submit a financial breakdown within 14 days to avoid further court proceedings for me, i have not acknowledged this debt with Mortimer or Cabot through the deference and now would like to know if someone could advise on my next step, any help would be very appreciated, for the record no payment has been made to this debt since 2012 and was terminated on the 11.05.12, thankyou

[MIKE770]

you say court case never took place )discontinued?

[simcat]

hi,
sorry for the late reply,
i responded to the court claim from the 17.05.2017 to defend all, sent all relevant letters to solicitor & cabot (templates here) requesting more info inc &1 postal order, sent my defence to the court disputing the full amount, no paperwork received to substantiate their claim, the time period expired for court action by Mortimer and no further action was taken, i did receive the standard letter from mortimers later in the year (july) saying they are still waiting for their client to send relevant paperwork

i have now received this new letter from mortimer with reconstituted agreement & statements from bank, not sure what my options are now

thanks for any help

[MIKE770]

jaguar1954

[Amethyst]

hi,
sorry for the late reply,
i responded to the court claim from the 17.05.2017 to defend all, sent all relevant letters to solicitor & cabot (templates here) requesting more info inc &1 postal order, sent my defence to the court disputing the full amount, no paperwork received to substantiate their claim, the time period expired for court action by Mortimer and no further action was taken, i did receive the standard letter from mortimers later in the year (july) saying they are still waiting for their client to send relevant paperwork

i have now received this new letter from mortimer with reconstituted agreement & statements from bank, not sure what my options are now

thanks for any help

Could you post a copy of what you have received please - redact your personal information

I'll move your thread down to the court claim forum so it doesn't get missed xxx

[simcat]

Could you post a copy of what you have received please - redact your personal information

I'll move your thread down to the court claim forum so it doesn't get missed xxx

Hi attached is the covering letter from Mortimer Clark i received last week.
Any help with this matter would be much appreciated.

(Images were too big to upload directly)
https://gyazo.com/fe3597580f88efc3f28aea06a40c0b4b
https://gyazo.com/4f2045cc5be467057058d6e4d99262b8

[Amethyst]

So did they include everything they listed?



and does everything look correct ?

When was the original Sainsburys account opened ?

[simcat]

i have the reconstituted agreement inc printed T&Cs & certegy based default notice (data) issued 10.04.2012 also a data print out of account statement from 04.05.2006-04.04.2012, printed statement of assignment from sainsburys to cabot 31.10.2016, letter from cabot stating they bought the debt 31.10.2016 copy of my defence 17.05.2017 (dispute full amount) & financial form to send back (14 days)
the account was opened may 2006 going by the data sent
hope this helps

[Amethyst]

It seems likely it will be enforceable but if you could post the copy agreement pls.
Any payment protection / card protection insurances on the account ?
Are default charges £12 or £25(ish) on the agreement?
Address correct for 2006 ?
Interest rate in agreement matches initial interest rates on statements?
Default notice giving 14 clear days and only asking for the arrears ?
And you recognise the account and transactions on the statements ?


If it looks like they have provided everything and your defence has fallen away you can ask them to agree an instalment plan leaving the case on stay in the court system ( so a Tomlin Order )- they have security then of knowing if you defaulted on payments they can get a judgment, and they don't have to apply to the court now to lift the stay and ask for summary judgment... and you can make repayments without having a CCJ or worrying about enforcement processes.

[simcat]

hi,
thank you for the advice,its a great help to me, i thought as much with the enforcement,am i correct in thinking that i cannot now defend my position on the 6 year statute barred as they had already made a court claim against me within that time frame,

also i had no insurances on the account, default charges of £12 listed on the agreement and address was correct for 2006
interest charges on data statement have been applied, but need a degree in maths to compare with the original agreement rate (no stated APR on the data statement) transactions are correct also, i have a template default notice with Dear sir/madam for £226.51 amount owed no dates no account details all been blanked and the data sheet separate, no mention of 14 days or asking for arrears only

https://gyazo.com/fae20c21ed97ddd1539120df55328572
https://gyazo.com/54b18a5e33f387c0f76d430be59e2e01
https://gyazo.com/c55ae8c082a1876c7e7763a5e1007010
https://gyazo.com/a77a1fdeb58ccc0605845d5e49bc7abc
https://gyazo.com/e25bab0b357ff1791c902a20428a4bd8
https://gyazo.com/2737fd88ffeff4b181636ed19a05a13d
https://gyazo.com/1103d1196e78fe3d81c589c68e99cdfe

[Amethyst]

Unless the claim was struck out / discontinued, yes they are in time as the court claim issue date is the stop date for time barring. The case is just 'stayed' at court I guess ( if you haven't heard anything since submitting your defence then that's the likely position, but still worth double checking )

https://gyazo.com/54b18a5e33f387c0f76d430be59e2e01 - charges on that are £25 - which says it is pre April 2006 - although as you took the card out in May 2006 it may have been in the middle of changing over to the new charges following the OFT report - were you charged £12 late payment fee etc on your statements ?

https://gyazo.com/2737fd88ffeff4b181636ed19a05a13d - that was already redacted so is just an example of a default notice. One assumes the £225.51 figure should also have been redacted as it doesn't match the figures on the Certegy data ( https://gyazo.com/1103d1196e78fe3d81c589c68e99cdfe ) There may be arguments on the DN to be actually the original dates and figures but they're not going to get a full win through court unless they were actually completely wrong, and mostly small faults on Default Notices are deemed deminimus.Terminated on 11/5/2012 and DN issued 10/4/2012 so virtually a month so that'll be fine.

So only really left is whether that is a true recon of the original agreement - do you have any idea if you applied online or in store originally ? It's obviously not what you completed to apply for the card, so its whether those were the terms available to you at the time you signed the agreement.

hmmm think they have you as there's no other disputes on the debt/account only provision of documents, and they've sorted that, mostly. Stuff and nonsense.

What's your circumstances with sorting out instalments or any chance of a full and final ? ( I know it's an £8k claim so unlikely you'd have £4-£5k laying about the place to do that )

[simcat]

Thanks Amethyst
i applied online and signed paperwork through the post,
i had resigned myself to sorting out a payment plan/ final offer settlement i just wanted to be sure of my options first,
Anyway like you said it all seems pretty much altogether
i have the mortimer financial expenditure sheet they sent, is it best to fill this out and send back and see what happens

thank you again for your time with my woes

[Amethyst]

Probably, although I'd prefer something in writing to confirm that any offer to pay by instalments keeps the court claim on hold and once the debt is paid up will be withdrawn, you don't want to be making an offer to pay through court as that gives you a judgment with an instalment order, you want to settle out of court, without the CCJ being obtained. So just check the wording on their IE sheet, and put a covering letter with it when you respond ( asking for confirmation that the court claim will remain stayed and it on that basis that you make the offer ).

[simcat]

Am i right in thinking they could apply to the courts today to reinstate the original proceedings from May 2017 even though they did not comply with the court time line to produce the relevant paperwork that was requested ?
the IE sheet is basic with income outgoings etc.. no other wording, i will send a cover letter as recommended stating my position to settle out of court and the court claim to remain stayed and withdrawn once the offer of payment has been fully paid (is there a template available)
what would be my best options regarding a settlement figure,would a reasonable offer of full and final payment of 20% based on my finances be realistically considered by cabot to settle the account, or that it would be their starting point for a much larger settlement