Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

[Amethyst]

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

Ahhh yes sorry, getting ahead of ourselves a bit there aren't I. Yep just a waiting game now then.

[TLivo99]

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

we all do it - If i'm really lucky........ they will do one and leave me alone, but i doubt it!

[Amethyst]

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

Sadly I doubt it too, but they will need to have the agreement to get a judgment in court so keep fighting xx

[TLivo99]

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

Cant believe I've messed up - I've sent the CCA WITHOUT the £1 postal order.... oh well, I guess i'll have to re-send it tomorrow :tinysmile_hmm_t2: what a numbnut

[seduraed]

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

doh still not too much of a problem

[TLivo99]

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

Update.

received reply to my first letter to Mortimer Clarke request further information. the response received "our client can confirm that all documents in relation to this account will be requested, and will be forwarded directly to you upon our receipt"

1) does this mean they wont file for a CCJ just yet?
2) How long have they got to get the info to me?

NB: CCA was also sent to CABOT as detailed above.

[Amethyst]

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

1) Possibly although I wouldn't count on it

2) as long as they like before the debt is statute barred

[FlamingParrot]

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

Update.

received reply to my first letter to Mortimer Clarke request further information. the response received "our client can confirm that all documents in relation to this account will be requested, and will be forwarded directly to you upon our receipt"

That's a standard response since they wouldn't have the documents, they'd have to go back to their client who in turn would have to go back to the original lender.

1) does this mean they wont file for a CCJ just yet?

Although you can never be 100% sure, I'd say probably not. A lot of people ignore such letters in which case their next step is to issue the claim.

This is an example where Bryan Carter, who are extremely fond of the Money Claim Online website, decided to call it quits after the OP responded to their threatening letter with a very similar response to yours: http://www.legalbeagles.info/forums/...687#post478687 :grin: :grin: :grin:

2) How long have they got to get the info to me?

NB: CCA was also sent to CABOT as detailed above.

In theory they should respond to the CCA request in 14 days, in reality they never do. The other request for documents is in response to their threat of proceedings, if they don't issue them, then they can take as long as they want.

[TLivo99]

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

Thank you Amathyst & FlamingParrot. One further question, how do i find out that a debt should be Statute barred? I understand it six years afetr last payment / acknolodgement of a debt, however is there a place i can get the info from on each debt i have?

[FlamingParrot]

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

Thank you Amathyst & FlamingParrot. One further question, how do i find out that a debt should be Statute barred? I understand it six years afetr last payment / acknolodgement of a debt, however is there a place i can get the info from on each debt i have?

Sadly not, there's no such thing as a record of SBd debts, the credit industry would never allow such a record to be set up!

If you haven't got statements yourself, you could send a SAR to the creditors to obtain your payment history, you'd usually send it to the original lender (bank/credit card/finance company) rather than the DCA or debt purchaser, unless you were making payments to a DCA for some time. The SAR should provide you with all historical data, however, be warned that most banks will argue they can only provide data for the past 6 years so you may not get much. If you don't mind forking out £10 for each lender (you can obtain data for multiple accounts with the same bank on a single SAR), this would be the way to go. :thumb:

[TLivo99]

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

Update for you all,

I've eventually received a response from CABOT - informing that they are still awaiting the required information requested under the CCA, and therefore cannot proceed with court proceedings at this time. However in the meantime, they believe I still owe the debt and should make contributions, therefore

1) should i respond to this letter at all?
2) I should not pay them anything?

OR

Should I now do something else??

As always, your advice is much appreciated

[FlamingParrot]

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

I've eventually received a response from CABOT - informing that they are still awaiting the required information requested under the CCA, and therefore cannot proceed with court proceedings at this time. However in the meantime, they believe I still owe the debt and should make contributions, therefore

Uhmmmm, so they were threatening something they wouldn't have been able to do, cheeky sods!

Of course they believe you should pay. I also believe in Santa.

1) should i respond to this letter at all?
2) I should not pay them anything?

OR

Should I now do something else??

As they have quite clearly stated they CANNOT take you to court at this time (until such time they manage to dig up a copy of your CCA), then I see no reason to respond to that letter or to make a payment. If they have replied with compliant documents you may think about it but as it stands...

Although there are no guarantees, the response you sent to their legal threat very often has the effect of sending the solicitors involved running back to mummy, :bolt: when they see they haven't actually got a single shred of paper they could use to back up a claim. They just hope people will roll over and pay. :mad2:

[TLivo99]

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

All rosy at the minute then, No chickens being counted though, as i guess they could still come back in the future wit hthe relevent documentation.

Thanks everyone on here for getting me to this stage, your help and support has been truly wonderfull

[TLivo99]

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

[Kati]

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?