Letter from Cabot - Mortimer Clarke

[Confused NW]

#1 Chased by Cabot

Yesterday, 17:52:PM

Help please ..ive been reading some of your threads and I'm not sure what action I should take.

in 2003 I split with my husband and after a couple of years struggling with debt I took out a 'plan' with Debt free direct in Feb 2008 . Because I was still in the marital home until my children had finished tercerary education I couldnt do IVA - the plan was 10 years fixed amount, freeze on interest and after that time what was left would be written off. After a couple of years they were changing to I think a company called Harrington Brooks . At that point I discovered that quite a lot of my fixed amount was going to 'fees' to these companies . I approached the credit companies directly and offered to pay them directly instead & mostly they agreed to receive the money monthly direct from me ( so if I was paying £10 to DFD & they only received £8 per month they were now receiving the full £10 directly from me) . SO set up until Feb 2018 and all was well until recently . I am now being chased by Cabot and have not engaged with them but I have now received a letter from a solicitor
i have since moved & reverted to my maiden name & they are chasing me at my new address ( marital name) & not sure how they have obtained this info either

These debts would be from cards approx pre 2003 . Do I ask for the signed agreements ? Help please I'm not sure what to do

[Amethyst]

Do you know what the original debt was that Cabot are chasing you for? Credit Cards? one, or multiple? and who were the original creditors ?

How much approx. are Cabot after ?

Have Cabot said when the debt was assigned to them ?

Does the balance take into account the payments you have made ( both under DFD / HB and on your own ) ?

I would send a SAR to the original creditor asking for transaction lists and everything they hold about you
and send a CCA request to Cabot.

SAR Subject Access Request Letter

CCA CCA Request


Is the letter from MC a formal ' Letter before Claim ' with a reply form or just an introduction letter ( acting on behalf of Cabot etc ) ?


You did do the right thing taking over the DMP yourself and not paying the fees any longer. It might be worth doing a SAR to HB ( I think they are just part of Think Money nowadays - Think Park, Mosley Road, Trafford Park, Manchester M17 1FQ ) to find out what went to which creditors and what the plan was that you were on, and whether it was really a '10 year' plan with debt write off - that you were paying for - or if you could make a complaint - possibly a refund of fees ( although that might only be an option if you left them after 2013 due to limitations )

[Confused NW]

Do you know what the original debt was that Cabot are chasing you for? Credit Cards? one, or multiple? and who were the original creditors ?

How much approx. are Cabot after ?

Have Cabot said when the debt was assigned to them ?

Does the balance take into account the payments you have made ( both under DFD / HB and on your own ) ?

I would send a SAR to the original creditor asking for transaction lists and everything they hold about you
and send a CCA request to Cabot.

SAR Subject Access Request Letter

CCA CCA Request


Is the letter from MC a formal ' Letter before Claim ' with a reply form or just an introduction letter ( acting on behalf of Cabot etc ) ?


You did do the right thing taking over the DMP yourself and not paying the fees any longer. It might be worth doing a SAR to HB ( I think they are just part of Think Money nowadays - Think Park, Mosley Road, Trafford Park, Manchester M17 1FQ ) to find out what went to which creditors and what the plan was that you were on, and whether it was really a '10 year' plan with debt write off - that you were paying for - or if you could make a complaint - possibly a refund of fees ( although that might only be an option if you left them after 2013 due to limitations )

The original account is M&S - Current Account (and I have since received a letter from Cabot about M&S credit card £2,700 offering £800 reduction !)
They are after approx. £700
I'm don't when it was assigned to Cabot as it doesn't say in the letter
There is a statement of payments along with The Mortimer Clarke Letter but only from 10/11/12 - 9/11/18
The MC letter is "we need your attention - potential legal action

I will send the CCA to Cabot etc, I have not responded to the other letters as since I moved to this house 3 years ago everything is listed in my maiden name , which I reverted to following my divorce.

I have never supplied this company with my new name (these debts are in my marital name) or address - I'm annoyed as I don't understand how they have this address , especially with GDPR :
Should I send the defence BOX D - I dispute the debt ? What should I say ?

[Amethyst]

Have you applied for or still have any credit / bank accounts that you had before your divorce ? It is most likely you are tracked through your credit file. If you update one creditor with new name/new address ( like a bank account ) it will show on your credit file. Also if you've registered to vote / electoral roll. It might be worth checking your files ( free instant access via MSE Credit Club ( experian ) Noddle ( Callcredit) and Clearscore (equifax) ) to see what else is showing up.

So you have this Current Account that was with M&S ? ( https://bank.marksandspencer.com/cur...rrent-account/ ) Have Cabot said it is a current account? - presumably then the £700 was an overdraft ? or was it a Personal Reserve account so you had 'drawdowns' ?

The Credit Card account - you should send a CCA request to Cabot for that one for definite now. Did you open that about the same time you opened the 'current account' ? so pre-2007 ?

On the reply form I'd go with the box that says "I don't know if I owe this debt" then do the "Need more information/documents" box and ask for agreement, terms, transactions from - 2007? to 2012 ( when the list they sent you starts) ( you need to know that the DMP payments have been taken into account from when you ditched the account) , notice of assignment and default / termination notice.

[Confused NW]

Sorry im slightly confused...forgive me
the M&S was a personal reserve account (with a cheque book to "draw down on") . I have no address or account numbers for this account ( or any old accounts) they would all have been opened before 2002 .

Do do I send a Sar for the personal reserve account to M&S ( although I have no account number or address for them) ?
send a CCA to Cabot ?
and fill out the form as your above advice to Mortimer Clarke with copies of the CCA & SAR letters ?


Thank you for the advice re the M&S credit card. I will send the CCA re the M&S credit card to Cabot.

[Amethyst]

You can send a SAR to M&S with just your name and address details - if you have moved since 2002 you'd need to put your previous addresses in the letter too. The response should cover the credit card and the Personal Reserve Account.
Their address is Kings Meadow, Chester CH99 9FB - send it FAO: Data Protection Debt, M&S Financial Services. Or send to Data Protection Officer, M&S Bank, PO Box 10565, 51 Saffron Road, Wigston, LE18 9FT . I think they'd both end up at the same place tbh.

CCA request to Cabot for both the Card and the Personal Reserve ( so two letters and two £1's) - as they believe it to be a current account they may just say no but that's their issue ( see below)

Reply form - I'd go box C ? - I don't know whether I owe the debt, and then ask for more information/documents in box I - Transactions from inception to show how the amount being claimed has been arrived at, Default Notice, Notice of Assignment, Credit Agreement and Terms.

I've attached a bit of a CCA for the Personal Reserve so you know it IS a consumer credit agreement issue to give you a bit of confidence arguing that they must comply with the CCA request to enforce.

[Confused NW]

Thank you so much for the clarification. I have now set up the letters & are ready to post . I need to send postal order's with the letters as I don't have a cheque book. I will copy the letters and include them in the response to MC solicitors along with the boxes ticked as suggested.

Just as a point of interest regarding the personal reserve account...technically I have never has a M&S Current Account (which is what is named letter of claim details) ? would the incorrect title make a difference to their claim?

Also I have just noticed in the letter of claim detail from MC the:
a. parties to agreement - you, HSBC re M&S (I've never had any account with HSBC)
b. Type of account - Current account (as above - incorrect terminology of account name- assuming the current accounts are with HSBC?)
d. date of the agreement - 25/09/1999
e assignment date to current creditor - 25/01/13 !

I will be posting the letters on Monday (once I can photocopy the letters in work). Should I send the letters recorded delivery?

[MIKE770]

M&S - is run by HSBC holding bank

[Amethyst]

Thank you so much for the clarification. I have now set up the letters & are ready to post . I need to send postal order's with the letters as I don't have a cheque book. I will copy the letters and include them in the response to MC solicitors along with the boxes ticked as suggested.

Just as a point of interest regarding the personal reserve account...technically I have never has a M&S Current Account (which is what is named letter of claim details) ? would the incorrect title make a difference to their claim?

Also I have just noticed in the letter of claim detail from MC the:
a. parties to agreement - you, HSBC re M&S (I've never had any account with HSBC)
b. Type of account - Current account (as above - incorrect terminology of account name- assuming the current accounts are with HSBC?)
d. date of the agreement - 25/09/1999
e assignment date to current creditor - 25/01/13 !

I will be posting the letters on Monday (once I can photocopy the letters in work). Should I send the letters recorded delivery?

Yes, a current account comes under slightly different COnsumer Credit Act rules and they wouldn't have to comply with the formal section 78 request.
As Mike says M&S bank is run by HSBC. HSBC have a bit of history for mixing loans and cards in with current account overdrafts - without telling the debt purchasing companies - so they have a bit of trouble sorting out the relevant documentation when challenged.

Seems it wasn't sold on until you stopped making the HB/DFD payments. Do you know / have any record of whether you were paying anything to M&S or to Cabot under your self managed DMP after you ditched HB up till Feb 18 ?