letter before action reply,MORTIMER CLARKE, CABOT

[MIKE770]

hows & what one looks like in layout, but of course if blank no dates etc, BUT as many tell you all a court if you stated no default would/do accept a copy on record of one sent out.(if it does state template copy - something new to try and give wrong info, many of these companies/staff are working in kindergartens>>

[unluckyjim]

here are the letters from mortimer

[unluckyjim]

I asked for a copy of default notice, they sent " THIS IS WHAT A DEFAULT NOTICE LOOKS LIKE NOTICE "

[unluckyjim]

given that mortimer clarke state in other letters to me the agreement was terminated the end of august 2016,the so called template default notice they sent does not refer to FCA fact sheet, telephone number on this sheet 0845 was banned by FCA in oct 2015 ,my last payment to this loan account was FEB 2016 ........THIS SO CALLED TEMPLATE DEFAULT NOTICE , IS A CROCK OF*****

[unluckyjim]

HI GUYS......Am I right in thinking...THEY HAVE NOT COMPLIED WITH PRE ACTION REQUEST AS THEY HAVE NOT SUPPLIED WHAT WAS ASKED FOR?

WHAT DO YOU GUYS THINK... MANY THANKS

[unluckyjim]

stupid question ? can they issue a court claim ,they have not supplied the default notice?

[MIKE770]

Yes argue later

[unluckyjim]

.... Consumer Credit Act 1974 says before a creditor can terminate the agreement and demand an accelerated sum of money under the agreement, they must serve a default notice and allow at least 14 days to remedy.

I could argue that BANK in failing to comply with that requirement, the agreement was wrongfully terminated and CABOT have no right to claim the sums as alleged

[unluckyjim]

i have in mind to send this, WHAT DO YOU GUYS THINK???????????????????

From unlucky jim….. to mortimer clarke

Dear Sirs
Ref: xxxx

Thank you for your letter of reply dated xx October 2020. Sent to me in response to my request for documents under pre action protocol.

In this letter you state your” client believes they have complied with my document request “
To be clear your client has failed to supply me copy of default notice as requested, The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations').

In this letter you also request that I put forward re-payment proposal on enclosed income and expenditure form and failure to put forward re-payment proposal on the enclosed form you are instructed by your client to issue a county court claim

As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed; ”Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.

I require copy of the following:

The default notice

The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations').

This document would be expected to be supplied if proceedings were issued and would likely be in your client’s possession if they were issuing a claim. If you consider that there is difficulty in providing a copy of this default notice document, please identify the fact that this default notice cannot be supplied and the reason why.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the document listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours
Unlucky jim.

[unluckyjim]

Hi guys , would it be wise to send this what do think????
many thanks....

[MIKE770]

nothing they know the rules ,send that letter and they will know you do not have much system knowledge, a formal notice to you would be approx 3-4 pages under new rules before a case can be registered.
Pre-Action Letters

[unluckyjim]

Hi MIKE770, as you say they should now the rules, they should have supplied default notice, in response to LBA pre action letters they have not?

THE ISSUE HERE IS, the template notice they sent does not comply, surely my letter see post #24, helps my argument that they have not supplied correct documents and that the so called TEMPLATE NOTICE they have sent is blatant attempt to hoodwink me and possibly the court should they instruct / proceed with a claim and should or could be seen by court as fraud.. ie passing off of document purporting to be something its not?

[unluckyjim]

well just found this little nugget of info... regarding CABOT financial(uk) limited

Further, the Claimant is not authorised to carry on the activity of Debt Collection or Administration by the Financial Services Authority. Collection of a debt arising from a regulated Consumer Credit agreement constitutes a Regulated Activity within the meaning of the Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 (‘RAO’) (Section 39F) and therefore the Claimant is acting in contravention of Section 19 of the FSMA 2000 and is not entitled to bring this claim.

also just thouht ????/ as they did not send out DEFAULT NOTICE they also failed to send out FCA fact sheet

[unluckyjim]

Court claim from cabot..

[unluckyjim]

MAKES NO MENTION THAT THIS loan comes under CCA act