Old Cabot/Mortimer clarke claim

[Amethyst]

Ta

Hire Purchase Agreement - 2007 ( there is the rest of the agreement inc terms & signature page )





Default Notice - August 2010


(second page attached)


Notice of Termination - Sept 2010

[Amethyst]

I can't see the notice of assignment - only the letter from MC saying it was assigned to their client by BCT ( letter dated after your defence was filed )

You made payments after default/termination up to July 2013 ? Who were those payments made to and when did Cabot purchase the debt?
Did BCT ever try to go to court for posession ? or had you already scrapped the car before the account defaulted/terminated?

[Amethyst]

Okay NoA from BCT and a rather lovely letter from Cabot...


Assignment in July 2013 ?

So you were making payments to BCT up until they sold it to Cabot ?


BCT state sold to Cabot Financial ( UK ) Ltd and will be handled by Cabot Financial ( Europe ) Ltd …. and Cabot state Cabot Credit Management Group but using Cabot Financial (Europe ) Ltd headed paper ( companies house ref at bottom ).

Who is the claimant?

[travelboi]

Hi

I have emailed you 2 more letters. One of BCT and the other off Cabot. None of them state notice of assignment? Just a letter.

cabot brought the debt in 2013. I made payments to BCT, the last one being 24/08/12 for 5.00

BCT never went to court for possession. I never heard a thing off them. Im sure they went into liquidation/bankruptcy or werent trading after that

[travelboi]

Yes I made token payments to BCT

[travelboi]

Last one being 24/8/2012

[travelboi]

Claimaint is Cabot financial (uk) limited

[travelboi]

Should I respond to the letter received off Mortimer Clarke?

[travelboi]

Any advice for further actions of what I should do please

[MasterCoder]

How many months in arrears were you when they issued that default notice? The figures don't add up, at least not to my mind.

The agreement looks like the payment is £173 a month. There's a £25 charge for unpaid direct debits.

The default notice says you need to pay £325.56 to remedy the situation.

So even if they issued a default after one month, (which seems excessive, it's usually 3 months), that still doesn't add up.

[travelboi]

I’m not sure, I’m out at the moment so will look at the statement they have sent when I get home.
i just don’t know what to do about responding to Mortimer Clark now.

[MasterCoder]

Well you can't rush into it - if you say the wrong thing you're bound by it.

Thing is, a default notice needs to be accurate, the amount they're asking for has to reflect the number of missed payments and any fees due under the agreement..

[travelboi]

I’m looking at the statement now, I started going into arrears in 2009 but was making extra payments to play catch up.
I missed 2 payments early 2010 Jan/Feb and was then paying 221.60 monthly to clear the arrears which I did for 4 months and then the default letter was issued. I’m not sure where the £325 comes from on the default notice as according to my statement on the 9/08/10 I was 684.08 in arrears when the default was issued

[MasterCoder]

You'd need someone more knowledgeable than I am on matters of Default Notices but my understanding is that a default notice should state the amount that would bring your account back into the green. If you are £684.00 in arrears, then a payment of £325.56 wouldn't remedy the situation; you'd still technically be in default by the tune of ~£359. Amethyst will probably be more equipped to advise you on that front.

However if you missed January and February payments and paid 4 months a higher rate to cover the arrears, (was this an agreement you made with the oc?), you'd have paid £192.24 back of the arrears which was about £20 more than 1 months payment. You then must have missed another payment in July of one regular payment of £173 plus the difference of the outstanding month is £153.76 which makes a total of £326.76 which isn't far off what they've put in the default notice. That's a default for being 2 months in arrears.

It all depends on how prepared or willing you are to fight it. As stated earlier, if they're going to change the particulars of claim then you'd have an argument under limitations.

[travelboi]

It states on the statement that on the 09/10/10 I was £684 in arrears which was the date on the default note.
when you say argument on limitations what do you mean?
thanks