30 days action or solicitor referral

[SWA]

And this offer letter does not acknowledge the debt? Thanks Echat.

[echat11]

And this offer letter does not acknowledge the debt? Thanks Echat.

As long as the letter has the words 'Without Prejudice' written on the letter, then there is no admission of 'liability'.

[SWA]

Ok so I have received a letter from Mortimer Clarke saying I have 30 days to respond or court action will be taken. It has a response form with expenses etc.

it says they were assigned the debt September 2018 which is more than 6 years ago and it was assigned to Cabot financial UK limited.

Mortimer Clarke are instructed by Cabot management group (servicing agent of legal owner Cabot financial UK), which is acting through appointed representative Cabot financial Europe.

What would be my recommended next steps please?

It also says if the claim is successful there will be statutory interest added - ‘in 30 days your interest will be £2.8k’ is that right?

Thanks to anyone who can respond

[echat11]

When was the last payment made towards the debt?

Has the debt been acknowledged in writing in the last 6 years?

[SWA]

A 3rd party made a ppi request to original lender in 2019, however the debt was already well sold to Cabot at that point.
Other than that zero other contact. I think they might not be aware of the contact to original lender?

last payment was and of 2017 to original lender only.

thanks echat

[SWA]

I’m thinking statute barred is a chance option? But information requests is the best bet in hope they don’t have agreements etc

[SWA]

If so what are my next best moves please? Respond with

CCA/CCR/SAR REQUESTS and mark my response as statute barred? Need more time? I would like to respond tomorrow as I’m a little worried about postage delays over Christmas and New year.

thanks again

[echat11]

Send the following template, make sure you get Proof of Postage.

https://nationaldebtline.org/get-inf...cover-debt-ew/

Update when you get a response.

[SWA]

Ok so that is basically asking them if it’s statute barred. I’ll do that.

I will also do the CCA/CCR/SAR REQUESTS at the same time and get proof of postage for all of them too?? Is that right? Do I need to add £1 fee?

Lastly whilst posting all of them requests, I need to respond to the claim asap also? What boxes do I tick if I’m basically saying statute barred but also need more information?

sorry for my lack of knowledge. I massively appreciate your help!!

thanks

[echat11]

Ok so that is basically asking them if it’s statute barred. I’ll do that.

I will also do the CCA/CCR/SAR REQUESTS at the same time and get proof of postage for all of them too?? Is that right? Do I need to add £1 fee?

Lastly whilst posting all of them requests, I need to respond to the claim asap also? What boxes do I tick if I’m basically saying statute barred but also need more information?

sorry for my lack of knowledge. I massively appreciate your help!!

thanks

Only do the statute barred letter now, if you send the others, then they will think that the debt isn't statute barred.

You don't need to fill in their form. They should be aware of a response to their letter.

You can do the others later to try to prove unenforceability.

[SWA]

Ok thanks Echat I’ll send that statute barred letter 1st class in the morning and get proof of postage. Thanks again

[SWA]

Sorry, And just to clarify that template letter is a reply. So I don’t need to fill out the reply form with all the boxes stating a response by 12th January? Don’t want a default

[echat11]

Sorry, And just to clarify that template letter is a reply. So I don’t need to fill out the reply form with all the boxes stating a response by 12th January? Don’t want a default

Just add the following line to your template (it will be the first line on the template).

'Thank you for your letter dated XX/XX/XXXX, please see my response below.'

[SWA]

I’ve sent the statute barred letter this morning.

How long would they take to get back to me over statute barred? I’m worried about the 30 days claim form deadline on 12th January. Although I did write what you said about ‘this is my response’ instead of filling in the reply form with all the boxes.

Is there anything I can do in the meantime? Sar to the original lender maybe? See if the ppi request shows up there?

Because if it does show up then I might aswel do info requests and start getting ready to defend that way?

thanks

[echat11]

a) How long would they take to get back to me over statute barred?

I don't work for the entity that you have written to, so couldn't tell you or even 'hazard' a guess.

b)I’m worried about the 30 days claim form deadline on 12th January. Although I did write what you said about ‘this is my response’ instead of filling in the reply form with all the boxes.

I'm not sure why you are worried, albeit the 'holidays', they will have your letter within the next 24 days.

c) Is there anything I can do in the meantime? Sar to the original lender maybe? See if the ppi request shows up there?

Wait until they respond to the Statute Barred.

d) Because if it does show up then I might aswel do info requests and start getting ready to defend that way?

It might, but you'll have plenty of time to do that.