Cabot/Mortimer Clarke

[Redbeard19]

Hey all thanks for the add, as with all things on here advice is needed with this crew.

approximately in 2008 I lost my job, had a credit card with hsbc, defaulted and have had it passed to Cabot.

I have been paying them £10 pcm via direct debit for a few years but only this week I've had a letter saying I've not stuck to my agreement with them and they are now passing the issue onto Mortimer Clarke.

I've been through my statements and I have never missed a DD payment in fact one left my account only last week so I can show the payments are being made so why have they now said this? If they claim they haven't received the money where's it gone to?

I do not wish to speak on the phone to them, it's the first I've heard, being young and foolish those years ago I should probably have asked for my credit agreement and I never did I didn't know the first thing about this stuff, I've been in my current house 9 years and had the debt before then but I can't find any paperwork for the card with HSBC.

So how do I play this now? What are my options as Cabot have said they have passed the account onto Mortimer Clarke and they will be in touch regarding a review of my situation?

Any help would be greatly appreciated.

[Amethyst]

Is it actually a Direct Debit ( as that would be called for by Cabot ) or A Standing Order ( where you instruct the bank to send the money automatically each month ).

Would you be be able to post a copy ( or type out the wording from ) the letter. I think it warrants a reply.

Any idea how how much is outstanding on the account ?

[Redbeard19]

Thanks for the reply it is actually a Standing Order with HSBC not Cabot directly I double checked it, their wording says:

"We have tried to contact you to discuss your account. As we've not heard from you we are referring your account to Mortimer Clarke Solicitors".

"They will speak with you in the next 7 days to review your situation and help find the best solution based on your circumstances"

The owing amount is £2.5k.

[Redbeard19]

Any advice would be gratefully received, I know this is a busy forum though - thank you guys.

[Amethyst]

Okay - when HSBC sold the debt to Cabot - you didn't change the standing order over (as Cabot / MC didn't tell you to) and it has continued being paid to HSBC.

So to be honest the easiest way to deal with it is to give Cabot a call, say you have received a letter from MC saying that you haven't stuck to the arrangement. However your standing order has been going to HSBC every month as agreed with them, last payment went on xxxx date and no payments have been missed and that you've received no directions from HSBC or Cabot to change the details on the Standing Order. You want to check with them that the money you have been paying to HSBC has been being applied to the debt and transferred to Cabot. They'll probably ask if your circumstances have changed since you set up the arrangement with HSBC.

Otherwise if you'd really rather not call them, you can put same in writing to Cabot cc'd to Mortimer Clarke.

I'd also send a SAR to HSBC to get the transaction history - Subject Access Request Letter

and later, once you've sorted out this arrangement issue, send a CCA request to Cabot -CCA Request

[Redbeard19]

Thank you for the advice, the only reason I don't want to speak with them is that I have evidence on my side if they take things further it's easier if everything is in black and white it would be easier to call obviously just want to cover myself really.

So if HSBC sold the debt to Cabot and they've not been paying Cabot what happens then? I can prove my SO has been paid religiously without missing a single payment so how would that work?

[Amethyst]

That's sensible. If you want a hand with a letter just shout.

The funds you have paid to HSBC since the date of sale should be passed by HSBC to Cabot so their records SHOULD show those payments being made albeit via HSBC. HSBC should originally have told you to stop making the payments to them and to start making them to Cabot when they sold the debt. Did you ever receive any Notice of Assignment ?

[Setmefree3]

Mrs SETMEFREE3 has exactly the same as you with Cabot and surprisingly also with regards to HSBC.

[Redbeard19]

I never received any notice of anything if I remember it was just a phone call but it was years ago now, it was more or less "We're handling your account now on behalf of HSBC..."

Never signed anything either just verbal, should I be asking for copies of my agreement or anything like that or even an offer of payoff? By me already paying would be classed as admittance of liability?

[Redbeard19]

Still nothing in the post from this crew yet but do I go ahead and rely via letter an ask for copies if my credit agreement?

[Amethyst]

You can do (CCA Request )
Do you recall when the original account was opened ? before 2004 ?

But also write to them ( or call them) stating you have been making the payments as agreed with HSBC to check the payments have been being applied to the account correctly and sort out where to continue paying them to ( if you want to ).

[MIKE770]

strange 2008 HSBC ? they were very active for the next 4 years issuing claims regardless of payments thru so called non existent DG Solicitors., make you wonder as cabot has it a lame account which they are well known for and their so called solicitors trying to frighten you into paying??? suspect something wrong with no paperwork maybe, usual no CCA agreement from original time taken out??

get that CCA request off, do not chase them up

[Redbeard19]

Thanks for the replies I will write to them and request a CCA - pretty sure the original agreement was before 2004...