Cabot/Mortimer Clarke advice please!

[Lapsang]

Hello

Mortimer Clarke solicitors have been phoning and texting me persistently for the last month re an old Egg loan that was then taken over by Cabot. I last made a payment on 26th March 2013.

I was sent a form by MC with a letter saying I had to respond in 30 days or I would/could be taken to court (both possibilities appeared in the paperwork). I got some advice from National Debt Line and have sent the form back asking for further information. I ticked Box C, Box G and Box I.

The form said that the firm wasn't allowed to take me to court for 30 days after my request for further information - which should take me beyond the 6 years ..

I sent the form back as late as I could; the 29th & 30th days (9th & 10th March) fell at the weekend so it could be 32 days or more before they receive the form. The National Debt Line adviser told me that they should wait a day or two after the 30 days before issuing proceedings.

I asked for the written contract for the debt, the notice of assignment, the default notice and a breakdown of the balance in Box I.

Obviously I'm hoping that after this time, and leaving things v late themselves, they'll give up in the light of my response. I know that none of you can say how quickly they'll act or what they'll do next (although any educated guesses are welcome!) but I think that the last few payments were made to Cabot and I'm wondering if, having apparently accepted that the debt had passed to them, I'll be seen as acting in good faith by asking for the notice of assignment and saying that I don't recognise the debt, now.

Am I overthinking things?

Thanks very much!

Lapsang

[Amethyst]

Was the last payment you made end of March 2013 to Cabot ?

It it does seem likely that if they are fully aware of the last payment ( as it was to them ) they will issue proceedings pretty sharpish. There's no real consequences on them for not fully following the pre action protocol - you can argue it if it came to discussing costs later but other than that, what they should do is quite different to what they do do.

But like you say there's no way of knowing ... they may not be able to get the agreement ( have you sent a cca request as well to Cabot ? If not I'd suggest doing that too https://legalbeagles.info/library/gu...etter-example/ ) as it may put them off, more than the box I Request for information.

Do you know the default and assignment dates ?
How much approximately is the debt ?
Any issues with the original loan you recall ?

[Lapsang]

Thanks Amethyst.

The debt is for approx £11K

No issues with the loan as far as I can remember

I can’t remember the default date and don’t know the date of assignment.

I’ll send a CCA request tomorrow!