Cabot / Mortimer Clarke

[Stephen1974]

Hi.

I've just received two letters from Mortimer Clarke on behalf of Cabot chasing up two debts they bought from someone else.

I've moved house recently so this has only just reached me and so my time to reposnd is a little short, 6th of January.

Whats the best way to go about dealing with this? The two debts are around 450 each. Not close to being statute barred. Defaulted back in 2014 when I became unemployed, then the debt was sold on and I lost track of who had it.

Whats the chance of getting CABOT to take a reduced settlement on them? Id rather not pay them anything but I don't see that as a realstic option. However, if there are things I can do to put them on the spot and force their hand a bit that would be useful

[Amethyst]

Are these intial 'Hello' letters or 'letters of claim' with a reply form/ IE sheets attached? If they're already with Mortimer Clarke they are likely to take it forward to issuing court claims so now is a good time to take action.

Cabot may take a reduced settlement - possibly 50% if you can do it in a lump sum - if these are relatively recent then it is likely that they will end up being able to provide the documents - What kind of debts are they ? Cards/Loans/Phone/Payday loan etc?

You can ask for the documents ( send a CCA Request for each debt to Cabot ) to be sure of enforceability and potentially put you in a stronger negotiating position. If you do make any full and final offers ensure you make them 'without prejudice' and that Cabot confirm in writing they are accepted in full& final and your credit file will be update to show the accounts as closed & satisfied.

[Stephen1974]

They are two credit card debts. The cards were taken out in around 2002. I had problems in 2007 and entered in to a payment scheme in 2008. The cards were with MBNA and they sold the debt onto Britlake around 2009. Last payment I made to them was 2014. Not sure when CABOT took over but they started contacting me a few months ago at a previous address. I've only just started getting letter from them afetr renewing a postal redirection.

[Amethyst]

Is Britlake correct or a weird autocorrect ? ( just checking as I've not heard of them before ) Do you know if they were acting FOR MBNA or had bought the debts off of MBNA ? ( thinking assignment issues )

I would send a CCA letter for each debt to Cabot - CCA Request
Informing them of your new address so that you can't be issued with any court claim at your previous address and be in a position where you have to then set aside a default judgment. You want to get these debts dealt with so there's no point not updating your details with them. There's a couple years before being Statute barred so there's no concerns on that side of things.

I'd also ask them for a Notice of Assignment and explain that their recent letter is the first you have heard about the debts having been sold on to them so if they can provide you with the documents you can consider your position with regards possible settlement. Are these letters actually letters of claim ( with a reply form and IE sheet ) or just normal chasing letters ? If they're letters of claim definately ask for documents in Box I ( assignment, default, transactions and agreement ) and I'd go with Box C ' I don't know if I owe this debt ' .

I'd also send a SAR to MBNA - https://legalbeagles.info/library/gu...ccess-request/ to see what happened with the debts after contact ceased.

[Stephen1974]

Sorry, it was Mortlake. Shows up on my Statement as Brit Mortlake.

[Amethyst]

Britannica S.A.R.L Mortlake (Moorgate) ( possibly )

If MBNA sold the debt to them, then they sold it to Cabot, then there may be assignment issues so definitaly ask for the notice of assignment... Also you were making payments to this Brit Mortlake which may not have filtered through, so prior to them buying/managing the debt, your last payment was 2009 - so I think it wouldn't hurt to state the debt is statute barred and see what comes out in the wash.

[Stephen1974]

An update.
I sent a CCA to Cabot regarding both debts and sent copies to Mortimer Clarke.

I initially received a letter from Mortimer saying action would be suspended whilst Cabot complied with my requests.
I then received letters from Cabot saying they don't have copies of the paper work and they have requested them from MBNA. They've aknowledged that whilst they do this they cannot proceed with any action against me.

Is there a time frame in which they can come back to me on this? ie in a years time can they go, we have the paper work now cough up the cash? I suspect if they can get hold of the paper work it will be a lot quicker than that but just wondering.

[Amethyst]

They can,but the clock keeps ticking on statute barred - though there's a couple years to go I think since your last payment ... so while they are on hold and in default of a CCA Request it might be a good moment to make without prejudice f&f settlement offers around the 30% to 50% mark ( considering your original question )

[Stephen1974]

Another letter.

They can't get hold of the required documentation so whilst they would still like me to pay up, they won't be taking legal action against me.

[Amethyst]

Well, my previous comment stands ... it's a case of waiting to see if they come up with the docs at some point in the next couple of years before it goes to statute barred, or using their non-compliance to get a decent settlement discount to settle full and final, have them marked satisfied on the credit file and not have to worry about them popping back up again in the future.

[Stephen1974]

So, They are back.

Mortimer Clark came back to me and said there is no paperwork so they can't enforce the debt.
Cabot said, yeah, well, you still owe us so pay up cos we'll find that paper work and then your in the smelly stuff. Or words to that effect.

6 Months on and had not heard from Cabot, until now. Not sure how but they have my e-mail address all of a sudden. I did replay and say, found the paper work yet? to which they responded, no, but pay us anyway, you owe us and your being mean. Or words to that effect.

I don't know if I should reply and troll them or just introduce them to the junk file. Trollin is a bit of poking the bear, but I really dont like companies who buy up debt to make profit out of other peoples difficulties.

[MIKE770]

Cabot if what you state in substance is their "Words" in response is pathetic or is it your interpretation?

[MIKE770]

keep quiet or it will be taken as acknowledgement within time table

[Matty B]

Wow - I bet you are pleased you didn't make them an offer

[Guest]

I have a similar situation, (not Cabot) no original document, but you know you owe the money, you have to pay us, watch this space.