Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

[TLivo99]

Hi All,

I've been reading this site with great interest, it gives a great deal of sensible information, rather than the 'pub' talk we all normally hear

So, I've receved a letter from Mortimer Clarke Solicitors dated 22/0/2014 giving me 14 days to respond before they 'start court proceedings' the debt they refer to is referenced with an account number / original creditor name / balance owed and letter reference, until this letter i have heard very little other than the usual chasing / threats, of which evertthing has gone very quiet. The letter contained Opening letter / Personal details form - Monthly expenditure request / Ways to pay form and DD instructions.

A few questions
1) They require me to respond by tomorrow indicating if I intend to defend the claim - should i respond at all?
2) If i did respond it would be asking for proof of the debt (via CCA) - or should this wait until they have filed with the courts?
3) Assuming i should respond to the letter - could i do this via email today and pay £1 to their account (to achieve the 14 day response)

Any Help / advice appreciated

Thanks
Tlivo99

PS - i hope i've posted this in the right area, otherwise please advise where it should sit

[Amethyst]

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

Hi Tlivo, thank you for the compliment.

So yes this sounds like it is a formal letter before action, therefore you should respond. Some guidance here http://www.legalbeagles.info/forums/...any-solciitors

You should separately send a formal CCA request http://www.legalbeagles.info/forums/...y-of-Agreement

It is likely they will submit the court claim regardless but at least you will have a head start.

Once you have received the court claim have a read http://www.legalbeagles.info/forums/...it-Court-Claim (forewarned is forearmed as they say)

What is the original debt and approx how much ? Any major dispute with the original lender ? and when was last payment or acknowledgement of the debt ?

Welcome to the forum

Sharon
xx

[TLivo99]

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

Hi Sharon,

Thanks for the quick response, and the advice

I'll post the CCA request tomorrow with the £1 PO. as you say at least this would get things rolling.

As far as i can remember the last payment made would have been in 2009, balance is £2688.28, and i think the original value was nearer £3500. Since then everything has been ignored, ie no further acceptance.

Kind Regards
TLivo99

[FlamingParrot]

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

So, I've receved a letter from Mortimer Clarke Solicitors dated 22/0/2014 giving me 14 days to respond before they 'start court proceedings' the debt they refer to is referenced with an account number / original creditor name / balance owed and letter reference, until this letter i have heard very little other than the usual chasing / threats, of which evertthing has gone very quiet. The letter contained Opening letter / Personal details form - Monthly expenditure request / Ways to pay form and DD instructions.

A few questions
1) They require me to respond by tomorrow indicating if I intend to defend the claim - should i respond at all?

A bit cheeky to ask you that when they've not issued a claim yet. :mad; You should definitely respond, with something like the below. You don't say what type of account it was, provided this was a loan/credit card/catalogue account, it should be applicable.

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original credit agreement;
2. The Default Notice;
3. The Termination Notice;
4. The Notice of Assignment;
5. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77-79 on xx/xxxx/2014 and I am awaiting a response.

I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

2) If i did respond it would be asking for proof of the debt (via CCA) - or should this wait until they have filed with the courts?
3) Assuming i should respond to the letter - could i do this via email today and pay £1 to their account (to achieve the 14 day response)

The CCA request that requires the £1 fee should be sent separately, to Cabot Financial, by recorded delivery.

Insert the date you sent the CCA request into the letter above. That one doesn't require a fee and you could send a copy by email if you wanted them to receive immediately, then put a hard copy in the post, ideally recorded delivery. :typing:

[TLivo99]

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

Hi Flaming Parrot

Thank you for this additional help,

I have sent a the letter above with the dates inserted to Mortimers (recorded delivery), I've not mentioned the CCA - do i really need to send the CCA letter to either party until they actually issue the court forms?

All further help and guidence really appreciated.

TLivo99

[FlamingParrot]

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

I have sent a the letter above with the dates inserted to Mortimers (recorded delivery), I've not mentioned the CCA - do i really need to send the CCA letter to either party until they actually issue the court forms?

All further help and guidence really appreciated.

Ideally a CCA request should be sent BEFORE court forms are issued, not after. You may have seen may threads here where people are sending CCA requests after receiving court papers, this is far from ideal but, as they say, it's better late than never.

Once court papers are issued, you have very limited time to submit a defence, 33 days from date on claim to be precise.

If you send a CCA request at this stage, when you next receive a letter from either the creditor or their solicitors, you can just refer them to your CCA request and the fact they haven't responded or responded with something non-compliant. :thumb: In many cases, that can have the effect of preventing court action, since they can see you're bound to defend and make life difficult for them while there are others in their books who will just roll over and pay (the ones who don't send CCA requests). :thumb:

I can tell you from personal experience, the above principle works! :grin: I sent my CCA requests early in the process, as soon as I defaulted in 2010. Nearly 5 years later, I've not received court papers and I've not heard a peep in nearly 3 years. :grin: :grin: :grin:

The CCA request should go to Cabot who are the creditor, preferably the 'in-depth' version that has an added paragraph in case they suddenly decide to say they are not (happens quite often). Mortimer Clarke can legitimate argue they are not the creditor and just return the request and PO instead of passing it to their clients if they are in the mood to make life difficult.

[Amethyst]

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

Nearly 5 years later, I've not received court papers and I've not heard a peep in nearly 3 years. :grin: :grin: :grin:

still a year to go FP xxxxxx

you got a smiley for chickens hatching ??

[FlamingParrot]

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

still a year to go FP xxxxxx

you got a smiley for chickens hatching ??

I'll try to find one! msl:

[TLivo99]

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

Ideally a CCA request should be sent BEFORE court forms are issued, not after. You may have seen may threads here where people are sending CCA requests after receiving court papers, this is far from ideal but, as they say, it's better late than never.

Once court papers are issued, you have very limited time to submit a defence, 33 days from date on claim to be precise.

If you send a CCA request at this stage, when you next receive a letter from either the creditor or their solicitors, you can just refer them to your CCA request and the fact they haven't responded or responded with something non-compliant. :thumb: In many cases, that can have the effect of preventing court action, since they can see you're bound to defend and make life difficult for them while there are others in their books who will just roll over and pay (the ones who don't send CCA requests). :thumb:

I can tell you from personal experience, the above principle works! :grin: I sent my CCA requests early in the process, as soon as I defaulted in 2010. Nearly 5 years later, I've not received court papers and I've not heard a peep in nearly 3 years. :grin: :grin: :grin:

The CCA request should go to Cabot who are the creditor, preferably the 'in-depth' version that has an added paragraph in case they suddenly decide to say they are not (happens quite often). Mortimer Clarke can legitimate argue they are not the creditor and just return the request and PO instead of passing it to their clients if they are in the mood to make life difficult.

I dont want to sound lazy but... does anyone have the CABOT address to send the CCA too? - I'll send it recorded mail tomorrow

[Kati]

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

I dont want to sound lazy but... does anyone have the CABOT address to send the CCA too? - I'll send it recorded mail tomorrow

I think this is it: Cabot Financial

1 Kings Hill Ave
Kings Hill
West Malling, Kent ME19 4UA

http://www.cabotfinancial.co.uk

[TLivo99]

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

Ideally a CCA request should be sent BEFORE court forms are issued, not after. You may have seen may threads here where people are sending CCA requests after receiving court papers, this is far from ideal but, as they say, it's better late than never.

Once court papers are issued, you have very limited time to submit a defence, 33 days from date on claim to be precise.

If you send a CCA request at this stage, when you next receive a letter from either the creditor or their solicitors, you can just refer them to your CCA request and the fact they haven't responded or responded with something non-compliant. :thumb: In many cases, that can have the effect of preventing court action, since they can see you're bound to defend and make life difficult for them while there are others in their books who will just roll over and pay (the ones who don't send CCA requests). :thumb:

I can tell you from personal experience, the above principle works! :grin: I sent my CCA requests early in the process, as soon as I defaulted in 2010. Nearly 5 years later, I've not received court papers and I've not heard a peep in nearly 3 years. :grin: :grin: :grin:

The CCA request should go to Cabot who are the creditor, preferably the 'in-depth' version that has an added paragraph in case they suddenly decide to say they are not (happens quite often). Mortimer Clarke can legitimate argue they are not the creditor and just return the request and PO instead of passing it to their clients if they are in the mood to make life difficult.

I intend to send the CCA letter to CABOT recorded mail tomorrow, however I also intend to email Mortimers this evening with a copy of the letter so they are aware of the request to their client - is this worthwhile / advisable?

[TLivo99]

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

I intend to send the CCA letter to CABOT recorded mail tomorrow, however I also intend to email Mortimers this evening with a copy of the letter so they are aware of the request to their client - is this worthwhile / advisable?

Thanks
TLivo99

[TLivo99]

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

Quick update;

Replied to Mortimer Clarke as per guidence from FP (recorded post and emailed)
CCA request sent to CABOT (recorded post & email sent to Mortimer so they are also aware)

I guess the next step is to sit back and wait....

[Amethyst]

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

Perfect

What date is your defence due ?

[TLivo99]

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

Hi Sharon,

I've not received any CC claim forms through yet, so this is all unknown at this stage.

TLivo99