Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

[jon1965]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Was there really 10 months of no payments at the start?
i am guessing that you must have been making payments for at least a year

[nemesis45]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Hi All,

So after some considerable time, 8month.... this one has risen its head once more....:tinysmile_cry_t:

This week I have received new corrospondance from Cabot (NOT A SOLICITOR) enclosing the copy of the original fixed sum loan agreement :tinysmile_cry_t: and they now believe the agreement to be enforcable, however they would prefer to work with me to set up a payment plan to settle the account.

Credit agreement dated 10th Nov 2007
Finance amount £3770
Outstanding balance £2688.28
Monthly payments were £104.72 over 36 months commencing 1st Aug 2008

Obvious question, but what should i do now ? your help as always is much appreciated

Tlivo99

Good morning,

Is this " agreement" complete with Ts & Cs?
How is the agreement described in the covering letter " a true copy" / a reconstituted agreement ?

nem

[TLivo99]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Good morning,

Is this " agreement" complete with Ts & Cs?
How is the agreement described in the covering letter " a true copy" / a reconstituted agreement ?

nem

Hi Nem,

The covering letter states 'Information under Consumer Credit Act 1974' they consider the agreement to now be enforcable, no reference to copy or reconstituted
Copy of Signed agreement - dated 10th November 2007
Statement of account - (this is just Cabots statement on the there normal paper, it doesnt show any payments or history)
Terms and conditions - photo copied page dating from 28/2/2006, no signature on this page


thanks
TLivo99

[TLivo99]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Have they issued a court claim yet? Have you any idea when you made your last payment?

no court claim to date, I believe last payment will have been around Aug 2009, although I have no evidence.

- - - Updated - - -

I believe it was a but now, pay nothing for XXX months, I reckon I stopped paying around July / August 2009. if you see the reply to Nem, it kind of backs up this belief.

- - - Updated - - -

Was there really 10 months of no payments at the start?
i am guessing that you must have been making payments for at least a year

I believe it was a but now, pay nothing for XXX months, I reckon i stop paying around July / August 2009. if you see the reply to Nem, it kind of backs up this belief

[nemesis45]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Hi Nem,

The covering letter states 'Information under Consumer Credit Act 1974' they consider the agreement to now be enforcable, no reference to copy or reconstituted
Copy of Signed agreement - dated 10th November 2007
Statement of account - (this is just Cabots statement on the there normal paper, it doesnt show any payments or history)
Terms and conditions - photo copied page dating from 28/2/2006, no signature on this page


thanks
TLivo99

Emm I'm not sure that this " agreement" is compliant one page of T's & C's for a fixed term loan seems far to little.

I don't see how one can confirm that a page dated 02/2006 is the actual set applying when the agreement was entered into.

In my opinion this is a reconstituted agreement which should also have the terms and conditions relevant at the time the account was closed.

The CCA only requires a " current" statement of account to be provided with a CCA Request not an historical one.

If possible can you post a copy of the documents after removing your personal details please?

[Kati]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

It could be almost (if not already) SB'd by now then :tinysmile_grin_t:

[nemesis45]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

It could be almost (if not already) SB'd by now then :tinysmile_grin_t:

It's possible certainly.:tinysmile_twink_t2:

The T's & C's seem lacking to me.

nem

[TLivo99]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Hi Nem,

Front page is agreement, second page is T&C's (see photo)

[jon1965]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Hi
Without actually seeing the paperwork it is almost impossible to say if this fulfils your request . An example, I have a Halifax loan that not only fails S127(3) and is therefore irredeemably unenforceable but they also failed the S77 request because on the agreement they refer to clause 9 overleaf, guess what they is no clause 9

[jon1965]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Hi again
That is not a recon agreement it looks like a copy of the original, unfortunately I can not read the detail. Did you scan it or take a picture?
Somewhere I think I have a copy of a Hitachi fixed term agreement from 2011 so will dig it out and see what it looks like

[nemesis45]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Hi Nem,

Front page is agreement, second page is T&C's (see photo)

Thanks for putting up the document ( love the use of bit's of Lowell letter to blank out details!!)

Hitachi Capital agreements have from memory more pages of T's and C's My feeling is Crabot is attempting to use a recon that's incomplete and covering up the fact by not stating what its status is either as a recon or an actual complete copy, a ploy used quite often with older accounts.

I wouldn't say it complies with a CCA request, and or be acceptable to enforce the debt.

nem

[jon1965]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

It could be almost (if not already) SB'd by now then :tinysmile_grin_t:

I would say not a hope in hell of it being SB just yet if the OP did make the last payment in July or August although it may be approaching it.

I can not find the H.C agreement , it must have gone with the furniture when I gave it away however IF they do decide on court action you would need to demonstrate why it is not compliant.

It would only need a second set of terms and conditions if there had been any variation of them and again if there was it will be easy enough for them to get them.

I am not saying that you have no hope should they make a claim and it would certainly be worth giving it a shot but you would need to be prepared to come to an arrangement should it not be SB and the agreement kosher


Here are a set of HC current terms and conditions http://www.hitachipersonalfinance.co...conditions.pdf

[TLivo99]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

I would say not a hope in hell of it being SB just yet if the OP did make the last payment in July or August although it may be approaching it.

I can not find the H.C agreement , it must have gone with the furniture when I gave it away however IF they do decide on court action you would need to demonstrate why it is not compliant.

It would only need a second set of terms and conditions if there had been any variation of them and again if there was it will be easy enough for them to get them.

I am not saying that you have no hope should they make a claim and it would certainly be worth giving it a shot but you would need to be prepared to come to an arrangement should it not be SB and the agreement kosher

Thanks all,

What should i do now?

1) ignore the letter and wait for an actual solicitors letter and subsequent CC letter?
2) reply offering anything?

or
3) something different?

[jon1965]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Well at the moment I would certainly not be offering payment.
You could write back to them saying that the documents supplied did not meet the requirements of a S77 request possibly actually including S77 and also the FCA rules on S77-79 request . Do not tell them specifically what you think is wrong.

I would head it formal complaint, that usually slows things down a bit . You haven't received a Letter of Claim have you? So should that arrive a few more delaying tactics can be found

[nemesis45]

Re: Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

Hi Nem,

Front page is agreement, second page is T&C's (see photo)

That what's concerning me as far as I can recall there were T's & C's on the back of the signature page and 4 pages in all i.e. 2 A4 sheets with text on all pages. If it's is a recon it must have the T's & C's at closure of the account even if they are identical.

History please.

What is the default date on this account?#
Can you recall or do you know when the last payment or acknowledgment of the debt was made?
Is this showing on credit reference files? ( Easy check Noddle it's free online.

nem