Optima Legal change to Mortimer Clarke

[henry1]

Hi I've recently received a letter from Mortimer Clarke regarding an old debt that was secured against my property by Optima Legal in 2006, using an old loop hole. MCS have quoted a reference number on the letter which is incorrect, when compared to a letter received from Optima Legal (dated Feb 2016). The telephone calls have also started today! I have not paid any amount of money to Optima Legal for the last four years as the debt is attached to my property. I have previously dealt with Cabot using the three letter system (from Get out of debt free.org). Are there any template letters available to download from this site? Any advice is much appreciated ... Many thanks, in advance

[Amethyst]

The charge is actually held over your property by Cabot. So presumably back in 2006 Cabot obtained a CCJ against you ( using optima legal as their solicitors) and secured the judgment debt with the charging order. Did you defend anything at the time ? Were you paying installments up to 2015 ?

Now they are looking to see if your circumstances have improved so that you can start discharging the debt? Have MC mentioned the charge at all ? Is it definitely the same debt ?

Any threat of action being made at all ? And have they provided you with a balance still owing on the account ?

[henry1]

Hi I've recently received a letter from Mortimer Clarke regarding an old debt that was secured against my property by Optima Legal in 2006, using an old loop hole. MCS have quoted a reference number on the letter which is incorrect, when compared to a letter received from Optima Legal (dated Feb 2016). The telephone calls have also started today! I have not paid any amount of money to Optima Legal for the last four years as the debt is attached to my property. I have previously dealt with Cabot using the three letter system (from Get out of debt free.org). Are there any template letters available to download from this site? Any advice is much appreciated ... Many thanks, in advance

Hi Amethyst
MC have only quoted the CCJ and the correct amount outstanding. I did defend myself at the time but in my naivety wasn't aware of the loophole in the law that allowed Cabot/Optima to gain the attachment to my property. In fact the judge just wasn't interested in what I had to say. They however have used an incorrect agreement number and this does not correspond with previous communications from Optima legal dating back to 2015. I made an offer to settle the debt in 2014 and this was rejected by their client MFS Portfolio Ltd. From that point on I have not paid them a penny. I have been looking at the new GDPR regulations and I believe that Cabot have breached these regs by supplying the wrong personal information to a third party. Am I correct? Am I also correct that I have not entered into any contract with MC and will not do so under any circumstance as a contract needs to be signed by both parties?.
Might I also add I am no stranger to dealing with DCA's and have successfully beaten several into submission by proving fraudulent activity on the alleged debts/accounts they believed they owned..ie: making payments to them selves to keep the debt from becoming statute barred. ROBINSON WAY and CABOT being 2 of them. I also know that they all pass/sell debts between themselves and are all affiliated one way or another!
I will be writing to MC informing that they have been given the incorrect information from their data controller and have now breached GDPR regulations by circulating false information. I will also use the same tact with them regarding fraudulent activity by Cabot doing the same.
Do you have any comments regarding how else I may engage with these LEECHES and make them go away once and for all?
Many thanks for your time
Kindest Regards
HENRY 1

[Amethyst]

Yeah you've probably spent too much time on the getoutofdebtfree site, sorry.

Cabot own the debt, they have the CCJ and the charge over your property. Have you looked at your land registry records ? Might be worth getting that ( https://www.gov.uk/search-property-i...-land-registry) to check details. Costs £3 or £6.

Cabot are entitled to use whichever solicitors they chose to deal with the litigation - so previously they used Optima and now are using their own solicitors, Mortimer Clarke. There's no GDPR breach, particularly if they have simply used a different reference. So I wouldn't advise the course of action you have suggested.

Any chance you can post a redacted copy of copy of the letter from MC ? Then we can consider a sensible response.

Your original judgment was for installments ? Had you missed a payment or did they just apply to court for the charging order to secure the judgment debt anyway ?


Robinson Way are part of Hoist so presumably that's a different debt ?

[henry1]

Hi Amethyst
Yes I was a member of GOODF and I found it very useful at the time so no need to apologise!
The letter they have sent is a standard letter stating they now act on behalf of MC. Attached is the standard financial situation form of which I am under no legal obligation to fill in and return.
The debt was attached to the property and is recorded with the land registry. I originally agreed instalments with Optima but not the courts.
I've paid more than the original debt back to Cabot and have offered several times to make a one off payment to settle it but was refused at every attempt.
I have proven Cabot to be fraudulent and corrupt.
I have letters from them admitting as much as they have upheld my dispute and closed the account and withdrawn the info from my credit file also stating I will no longer be contacted by them or any other company on their behalf .I am considering sending copies of these letters to MC and asking why they are representing Cabot? As for the reference number on the alleged account it is the same number but the last 2 digits are wrong so in my eyes the data controller has supplied the incorrect info!
I don't mind buying the remainder of the debt back at 10% of what they say is outstanding plus a pound so they're not out of pocket
Thanks for your prompt response
Kindest Regards
Henry1

[henry1]

Hi
Yes Robinson way was a different debt but carried out the same tactics by paying them selves £1 a year to keep the debt from being statute barred.
Both Cabot and RW sent me the yearly accounts of which reflected the fraudulent payments to themselves
Regards
Henry1