Cabot Financial/Mortimer Clarke demand

[Lynnbreg]

I am being chased for a debt on a credit card. I am not in a position to pay it off and even if I were (say, if I won the lottery tonight) feel after what I've read about Cabot Financial and Mortimer Clarke (not to mention my own ghastly experiences using a debt management company in the distant past) that I would not want to.
After numerous letters and phone calls, all of which I have studiously ignored, Mortimer Clarke have sent a letter warning that if I don't response within 30 days they "may" begin legal action. Can someone please advise whether I should respond to this letter, or whether I should let things go to the next step before doing anything? I do temporary, hourly paid work and have nothing of value baillifs could take, so suspect, from what I've read on this forum and others, that it may be better to let it go to court. And quite honestly, with the way I was treated by the previous debt management company I used (years ago, they've since gone into liquidation which goes to show they are no better than the rest of us at managing their finances), first being charm and helpfulness itself, and then the moment they'd got me signed up being absolutely horrendous to deal with (yelling down the phone at me that I had no option but to find the money for them each month, when I was telling them I was seriously struggling, for example) I feel like saying BRING IT ON in regards to going to court with Cabot/Mortimer Clarke. The more hassle and expense I can cause this lot the better. Also, I do actually owe a few thousand on another credit card, which was also sold onto a debt management company. They have been suspiciously quiet the past few months and I can't help wondering if they are in cahoots with Cabot Financial, and that if I do get into any kind of negotiations with Cabot (I really don't feel I can, I would not be able to look myself in the face again) that this other lot will then come out of the woodwork making similar demands. Does anyone know if these debt management companies talk to each other, or are really one big company using different trading names? I guess the most important thing I need to know for now, though, is whether to reply to this letter from Mortimer Clarke now or when they've taken it to the next stage. Oh, and back when I was paying the credit card company £1 a month, I did - very stupidly, I now realise - pay the first month's £1 to Cabot, so I guess that would be taken as my acknowledging the debt? I then cancelled the direct debit and have not answered any calls or letters from them since. Thank you, appreciate any advice.

[Amethyst]

Is the letter a 'letter of claim' with reply forms attached ?

I really wouldn't recommend letting it go to court, default judgment and bailiffs - it will just cost your a fortune in time and stress to sort out - better to look at it now and see if you might have any defence available to you.

any idea at all when that last payment was made ?

[Lynnbreg]

Hi, thanks for your reply. I am at work and don't have the letter with me, and obviously want to ensure I am telling you the correct information, so will reply properly tomorrow if that's OK. Thanks again!

[Lynnbreg]

Hello again. In answer to your questions:
1) I believe the letter is a Letter of Claim. Although it does not say that on it (and is a quite brief letter, basically demanding that I call them to discuss the matter within 30 days of the date on the letter, that being 1 March 2019) it does say "Letter of Claim Details" at the top of another form, and does have a form they are asking me to send back to them, with tick boxes A-I.
2) The last payment of £1 was made on 9 August 2017, by me to Cabot Financial. This was only the 2nd payment ever made to them, the first I believe being sent on by the creditor (also for £1) a month earlier.

Having seen the "first steps" section on this website, I thought I would give you the rest of the information:

Issue date: Presumably 1 March 2019, as that is the date on the letter.
Acknowledged claim: Not yet.
Total amount: £5,200.
Claimant's name: Cabot Financial.
Solicitor's firm: Mortimer Clarke.
Original creditor: Aqua.
Original debt: Credit card.
Particulars of claim: Sorry, do not understand the question.
Statute barred: If this means is the debt over 6 years old, no.
Any letters I have sent: None.
Any other info: None that I can think of.


I hope the above helps. Any further advice would be greatly appreciated. Thank you.

[Lynnbreg]

Please can someone give me a bit more advice? I did a SAR request to Mortimer Clarke and they have responded with basically no evidence other than their own records. Their letter suggests I contact Cabot Financial separately to request copies of their evidence. This makes me wonder if Cabot actually have any evidence themselves, since they are part of the same group of companies and even at the same address, surely Mortimer Clarke could have got their evidence and sent it to me?

These are my questions:

1) If it turns out there are no records from an external source being held by either Mortimer Clarke or Cabot, does that mean they would not be able to issue me a CCJ?

2) I am halfway through the 30 days I am supposed to respond to Mortimer Clarke with an offer to settle, so if I send a letter to Cabot now, will that give me an additional 30 days, or is the 30 days from Mortimer Clarke set in stone?

3) If I make them an offer and they don't like it, how long (and this is really important to me) is it likely to take before I go to court?

4) I am a zero hours contract worker, so my hours and pay can fluctuate from week to week. If it goes to a CCJ, will the court throw the case out if I can't guarantee what my earnings are from one week to the next?

Thanks, I would be massively grateful for any advice.