Cabot/Mortimer Clarke

[Lloydsdad]

Have a Summary of Judgement set for 3 weeks in which I had defended the claim due to missing CCA. In the meantime a response was received with a full document pack and in order to have this case closed before court I offered a settlement which they initially rejected and replied with an amount just short of what they are claiming in court for with a settlement by early June.
I offered to pay this amount in monthly instalments over 5 months as is too much to find immediately which they declined and continue to insist on taking this matter to court to secure the debt.
Is there a solution to this, would want to avoid a CCJ. Can I claim for irresponsible lending or am I too late as have admitted the debt by offering to pay monthly?

[echat11]

Can you fill in the following (I know we are at the latter end of the Court Claim), copy / paste without personal details back onto this thread.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

I have a couple of suggestions, which might help.

[Lloydsdad]

Can you fill in the following (I know we are at the latter end of the Court Claim), copy / paste without personal details back onto this thread.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

I have a couple of suggestions, which might help.

Please find below...


Received a claim? Yes/No: Yes
Issue Date: 21 April 2021
Have you Acknowledged the Claim?:Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £6300.00
Claimant’s Name: Cabot
Solicitors Firm: Mortimer Clarke
Original Creditor: Aqua
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):By an agreement between NewDay Ltd RE Aqua & the defendant on or around 11/07/201.New Day RE Aqua agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due. The agreement was terminated following the service of a default notice. The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1. 5800.00 2 Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):Not Statute Barred
List any letters you have sent (eg: CCA/ CPR ):28.7.20 Proof of debt is owed ie contract upon which they rely. Proof of consent in compliance with GDPR. Details demonstrating Legitimate interests assessment. FCA Registration details.
Any Other Information or Background Details:16 July 2021 reply received advising matter has been placed on hold.
20. January 2023 email received with details of the requested information although I have no idea whether the information provided is correct. Issuing being the reply was sent by email and was genuinely missed until the Transfer of Proceeding letter and supporting documents were received in the post dated 6 April 2023

[echat11]

a) How old is the account?

b) Have they provided a CCA agreement?

c) Has the agreement been 'varied' i.e. has the interest rate increased, is that reflected in the CCA documents they have provided?
https://www.handbook.fca.org.uk/hand...ate=2016-03-07

d) Have you filled in a income and expenditure form? (take account of the cost of living)

A court will only ask you to pay what you can afford, so if that's £1 a month, so be it.

This is something you can send to the Claimant and Court, so the Claimant will be wasting Court time as you've shown the Claimant your financial position and what you can afford to pay. If you have already filled in a I & E form then tell them you haven't taken into consideration the cost of living crisis.

[Lloydsdad]

a) How old is the account?

b) Have they provided a CCA agreement?

c) Has the agreement been 'varied' i.e. has the interest rate increased, is that reflected in the CCA documents they have provided?
https://www.handbook.fca.org.uk/hand...ate=2016-03-07

d) Have you filled in a income and expenditure form? (take account of the cost of living)

A court will only ask you to pay what you can afford, so if that's £1 a month, so be it.

This is something you can send to the Claimant and Court, so the Claimant will be wasting Court time as you've shown the Claimant your financial position and what you can afford to pay. If you have already filled in a I & E form then tell them you haven't taken into consideration the cost of living crisis.

a) How old is the account? opened 10 July 2016

b) Have they provided a CCA agreement?

c) Has the agreement been 'varied' i.e. has the interest rate increased, is that reflected in the CCA documents they have provided?
https://www.handbook.fca.org.uk/hand...ate=2016-03-07 yes from 34.91 2016 to 35.54 2019 although variable

d) Have you filled in a income and expenditure form? (take account of the cost of living) no although I had offered a month payment plan from today at an agreed (slightly) reduced settlement- how can I explain to the Court what I have offered to avoid wasting Court time and a CCJ?

A court will only ask you to pay what you can afford, so if that's £1 a month, so be it.

This is something you can send to the Claimant and Court, so the Claimant will be wasting Court time as you've shown the Claimant your financial position and what you can afford to pay. If you have already filled in a I & E form then tell them you haven't taken into consideration the cost of living crisis.

[echat11]

b) Have they provided a CCA agreement?

You haven't answered this.

c) yes from 34.91 2016 to 35.54 2019 although variable

So when they send you a CCA, they should send both, the original agreement, but also an agreement with the updated APR.
The link I provided tells you things to look out for in the CCA Agreement.

d) Have you filled in a income and expenditure form? (take account of the cost of living) no although I had offered a month payment plan from today at an agreed (slightly) reduced settlement- how can I explain to the Court what I have offered to avoid wasting Court time and a CCJ?

What I was saying was that, if you filled in a I & E form, it will stop the Claimant wasting Court time, I wasn't talking about you wasting Court time. The Claimant can't argue that you can pay more, when you've shown that's all you can pay to the Court and the Claimant. It demonstrates to the Court that you tried to settle the matter before the Hearing, but the Claimant didn't (wrongly) entertain your offer. A court will only ask you to pay what you can afford, so if that's £1 a month, so be it.

This is something you can send to the Claimant and Court, so the Claimant will be wasting Court time as you've shown the Claimant your financial position and what you can afford to pay. If you have already filled in a I & E form then tell them you haven't taken into consideration the cost of living crisis.

[Lloydsdad]

b) Have they provided a CCA agreement?

Yes although has an electronic signature.

c) yes from 34.91 2016 to 35.54 2019 although variable


APR states 34.9% on CCA however no further written notification of an increase to the APR which ended in 2019 at 35.54%

d) Have you filled in a income and expenditure form? (take account of the cost of living) no although I had offered a month payment plan from today at an agreed (slightly) reduced settlement- how can I explain to the Court what I have offered to avoid wasting Court time and a CCJ?

I&E has not been submitted, can I use the offer of a repayment plan covering the next 5 months to have this cleared without the need for court proceedings? The Claimant has rejected the payment plan as they want to secure the debt how can I present this to the court?

Also credit limit started at £2400 and finished at £ 5200 although I was defaulting in2018

[echat11]

a)APR states 34.9% on CCA however no further written notification of an increase to the APR which ended in 2019 at 35.54%

So when they sent the CCA with the 34.9% APR, they should also have sent a CCA with the 35.54% APR because the agreement has been 'varied'.

Under the heading 'The Copy Agreement', (6) -

6) If the agreement has been varied, the duty is to provide not only a copy of the agreement as originally executed but also either:

1. (a) a copy of the latest variation given in accordance with section 82(1) of the CCA relating to each discrete term of the agreement which has been varied; or,
2. (b) a clear statement of the terms of the agreement as varied.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

b)no although I had offered a month payment plan from today at an agreed (slightly) reduced settlement- how can I explain to the Court what I have offered to avoid wasting Court time and a CCJ?

I&E has not been submitted, can I use the offer of a repayment plan covering the next 5 months to have this cleared without the need for court proceedings? The Claimant has rejected the payment plan as they want to secure the debt how can I present this to the court?

Fill in an I & E form, take into consideration 'the cost of living' utility bills, food, etc. Remember this isn't a priority debt. Send a copy to the Court, but also a copy to the creditor's solicitors. Make sure you have Proof that they received it, i.e Recorded Delivery if you can.

https://nedcab.cabmoney.org.uk/quickfs.asp

c) Also credit limit started at £2400 and finished at £ 5200 although I was defaulting in2018

'Unaffordable lending' Lodge a complaint with the original creditor, follow their complaint's procedure, if the matter isn't resolved once you get their final response, make a complaint to the FOS.

https://www.financial-ombudsman.org....rdable-lending

d) just to be clear to lodge a complaint with Aqua with regards to Mortimer Clarke not providing the updated CCA with the variation.

This is incorrect, you would be lodging complaints for 'unaffordable lending'.
The 'variation' would be part of your defence, when you do your Witness Statement'.

e) Also if I subject an I & E would this allow a judgement to be made therefore a CCJ or is the intention to have this agreed between ourselves before Court intervention?

Yes, the I & E wouldn't have anything to do with the Court at this time, because the parties are trying to reach a settlement. The reason to send it to the Court is to show that you tried to settle the matter without the need for a Hearing, which the Courts encourage.But the Claimant wasn't interested (we don't know what they will say once they get the I & E form).

[Lloydsdad]

Thank you for your help, just to be clear to lodge a complaint with Aqua with regards to Mortimer Clarke not providing the updated CCA with the variation.

Also if I subject an I & E would this allow a judgement to be made therefore a CCJ or is the intention to have this agreed between ourselves before Court intervention?

[Lloydsdad]

c) 'Unaffordable lending' Lodge a complaint with the original creditor, follow their complaint's procedure, if the matter isn't resolved once you get their final response, make a complaint to the FOS.

https://www.financial-ombudsman.org....rdable-lending[/B]

sorry just re read- noted thank you

[echat11]

Thank you for your help, just to be clear to lodge a complaint with Aqua with regards to Mortimer Clarke not providing the updated CCA with the variation.

Also if I subject an I & E would this allow a judgement to be made therefore a CCJ or is the intention to have this agreed between ourselves before Court intervention?

Read post number 8 again, it will make more sense now.

[Lloydsdad]

Read post number 8 again, it will make more sense now.

Thank you

[Lloydsdad]

c) 'Unaffordable lending' Lodge a complaint with the original creditor, follow their complaint's procedure, if the matter isn't resolved once you get their final response, make a complaint to the FOS.

https://www.financial-ombudsman.org....rdable-lending[/B]

sorry just re read- noted thank you

just to update you further, literally the following day I received an email accepting my settlement offer which I accepted and have since paid with the matter closed.

I have eventually received a reply to my unaffordable lending complaint with my complaint being upheld with £270.00 being credited to the outstanding balance as they can see this is not paid in full. Also any scores on my credit file will not be adjusted until the account is paid in full.

Is there a way I can get my hands on the £ 270.00 but more importantly should/can I respond with regards to my credit file being corrected?

[echat11]

just to update you further, literally the following day I received an email accepting my settlement offer which I accepted and have since paid with the matter closed.

I have eventually received a reply to my unaffordable lending complaint with my complaint being upheld with £270.00 being credited to the outstanding balance as they can see this is not paid in full. Also any scores on my credit file will not be adjusted until the account is paid in full.

Is there a way I can get my hands on the £ 270.00 but more importantly should/can I respond with regards to my credit file being corrected?

When you made the settlement offer, what did you put in the letter? The following is an example letter.

https://nationaldebtline.org/sample-...tlement-offer/

[Lloydsdad]

Thanks, this is the template I used