Rookie question - reply to letter before claim or wait for formal court paper?

[operaghost]

Hi Everybody, I'm new to this forum though have lurked for a few weeks now. I have received a 'letter before claim' from Mortimer Clarke acting on behalf of Cabot. It states "we will take legal action if you don't contact us by XX MONTH YEAR". There is a 'reply form' with options A-I listed.

My question is, should I respond to this letter with my CCA/SAR etc requests, or should I wait for the formal court paper to be issued? (i.e. Are Mortimer Clarke calling my bluff or trying to prompt me to go early with my info requests which could disclose my strategy for dealing with them and give them time to prepare ahead of court action? If so, am I right to call their bluff and wait for formal court claim papers to arrive before invoking the CCA?SAR requests as these are time limited.)

It seems like it should be obvious to me but I don't want to make any mistakes as the matter referred to is twenty years old but was being paid a nominal sum for a few years on a combined debt management plan with my ex, which subsequently got neglected after our separation.

This is an excellent forum and I have tried to find the answer through old threads but have been unsuccessful. Therefore any advice offered will be gratefully received.

[echat11]

Hi OPERAGHOST

Welcome to LB

If it's an old account, then they may struggle to find a copy of the agreement.

So you could send them a CCA request. That way you have responded (you haven't ignored them), you will know exactly where you stand, enable you to make better decisions.

[operaghost]

Hi OPERAGHOST

So you could send them a CCA request. That way you have responded (you haven't ignored them), you will know exactly where you stand, enable you to make better decisions.

Thanks ECHAT11 - much appreciated. If I ignore them is there a risk that the process can rapidly get out of control? I feel Mortimer Clarke are aggressive and formulaic but am not particularly keen to have a drawn out fight with them, or jeopardise my current good standing.

[echat11]

Thanks ECHAT11 - much appreciated. If I ignore them is there a risk that the process can rapidly get out of control? I feel Mortimer Clarke are aggressive and formulaic but am not particularly keen to have a drawn out fight with them, or jeopardise my current good standing.

You can't control what they do, but you can control what you do.

Most of what they do is 'robotic', so not sure there's much thought behind it.

Is there anything to be 'feared'? I think not.

[Paul07]

Hi, yes acknowledge the letter before action in a saparate letter request CCA agreement and also request FCA registration details for Cabot, or you can check it yourself on FCA register you need to make sure the name of the company exact match, If Cabot are not FCA regulated then you have a point to defend.

[operaghost]

Thank you echat11 and Paul07 I received a letter back saying they can't find the original documentation, a CCJ can't be sought, the debt is unenforceable and has been returned to Cabot. Weird, as Mortimer Clarke seemed so confident and forceful in their previous letter. Anybody would think it was an attempt to intimidate me into admitting liability. I can not thank this site and forum enough. The guidance provided is invaluable, particularly for providing clarity in understanding the legalese.

[echat11]

Well done, good news.