Threat of CCC - Mortimer Clarke Solicitors / Cabot Financial

[FlamingParrot]

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

So does the consensus of opionion see to be to reply to the letter received as per FP or like Jon suggest?, to as a minimum, put in some delays for as long as possible?

If I also understal correctly, if the DF should be applied betweeen 3-6 months, that means final payment, at worst could have been September 2009, but possibly earlier at around June 2009. So therefore the longer I can delay the more chance that it would be SB?

Yes, of course, the longer the better, bearing in mind that the clock wouldn't start with your last payment but a bit later than that.

Is there no way of finding out if its SB, or would that only become apparent in court documentation?

thanks again for all your help?

There is no court documentation recording SBd debts, SBd is a procedural defence, they can still issue a claim for a SBd debt but SBd is an absolute defence and the burden of proof in civil litigation is on the claimant, so they would have to show that the debt is not SBd.

Some people have been successful when ringing the original creditor and asking for the last payment date, you could also send a SAR to the original creditor to get copies of all your statements, although many companies argue they do not hold data older than six years, however, if your account was still live in 2009 they may have the data. It'll cost you £10.

[jon1965]

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

The legibility argument hadn't occurred to me as I thought it was just a poor photo however on reflection using the illegible argument first makes absolute sense , how can you tell if the agreements fulfils S77 if you can't read it. If they then produce a legible copy you can move the argument

[nemesis45]

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

So does the consensus of opionion see to be to reply to the letter received as per FP or like Jon suggest?, to as a minimum, put in some delays for as long as possible?

If I also understal correctly, if the DF should be applied betweeen 3-6 months, that means final payment, at worst could have been September 2009, but possibly earlier at around June 2009. So therefore the longer I can delay the more chance that it would be SB? Is there no way of finding out if its SB, or would that only become apparent in court documentation?

thanks again for all your help?

It is possible But if a claim issued it stops the SB clock when issued, i.e. the debt must be statute barred before the claim is issued.

nem

[jon1965]

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

It's a good job then that no claim has been issued, maybe TLivo can keep them wrapped up in paperwork for enough time

[FlamingParrot]

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

It's a good job then that no claim has been issued, maybe TLivo can keep them wrapped up in paperwork for enough time

Those were precisely my thoughts, :high5: if TLivo responds arguing the legibility of the alleged agreement, they will be hard pressed to find a better copy. That will take some time and the clock will keep ticking away. :clock: :clock:

[TLivo99]

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

Letter for clearer copy prepared and will be sent recorded delivery to Cabot tomorrow.

Should this thread be moved somewhere private?

thanks for all you help people

TLivo99

[FlamingParrot]

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

Letter for clearer copy prepared and will be sent recorded delivery to Cabot tomorrow.

Should this thread be moved somewhere private?

thanks for all you help people

TLivo99

If you want more privacy, you may consider joining us VIPs in the Executive Loft. :grin:

To subscribe, go to settings, the third group down is 'My settings', under 'My account', the last item is paid subscriptions. Under VIP member subscription, choose 1 year = £15.00 or 2 years =£25.00 or 10 years = £50.00 . See below.
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[TLivo99]

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

Response received from Cabot Financial

Dear Mr XXX

Re XXX

Thank you for your letter blah blah blah

I am sorry that you feel the credit agreement and terms and conditions we sent to you were illegible. I have reviewd these and, while I agree thet the original has been poorly copied, I feel that they are still legible and that we have therefore complied fully with your request for information under the consumer credit act 1974. However, I have requested a reconditioned copy of the credit agreement and terms and conditions , which I will send to you as soon as I receive them from XXXX.

In the meantime, if there is a specific section of the terms and conditions that you have been unable to read, please confirm which section this is and I will be happy to transcribe this for you.

I will hold your account in our cutomer care department for 21 days to allow you time to contact me to confirm which section you have been unable to read.

yours sincerely
blah blah blah.

How do you think i should respond? My thoughts are just to go back and say tht as it illegible, I would like to see the reconditioned copy?

let me know your thoughts,
thanks for all your help as always

TLivo99

[TLivo99]

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

polite bump

[nemesis45]

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

Response received from Cabot Financial

Dear Mr XXX

Re XXX

Thank you for your letter blah blah blah

I am sorry that you feel the credit agreement and terms and conditions we sent to you were illegible. I have reviewd these and, while I agree thet the original has been poorly copied, I feel that they are still legible and that we have therefore complied fully with your request for information under the consumer credit act 1974. However, I have requested a reconditioned copy of the credit agreement and terms and conditions , which I will send to you as soon as I receive them from XXXX.

In the meantime, if there is a specific section of the terms and conditions that you have been unable to read, please confirm which section this is and I will be happy to transcribe this for you.

I will hold your account in our cutomer care department for 21 days to allow you time to contact me to confirm which section you have been unable to read.

yours sincerely
blah blah blah.

How do you think i should respond? My thoughts are just to go back and say tht as it illegible, I would like to see the reconditioned copy?

let me know your thoughts,
thanks for all your help as always

TLivo99

No don't respond it's all down to them to produce an " easily legible" ( in all parts) document (s).

nem

[TLivo99]

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

Cherers Nem,

But not even just to keep the dialogue open so they cant take more steps towards recovery (delay tactics are prime as im close to SB)?

Thanks

[nemesis45]

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

Cherers Nem,

But not even just to keep the dialogue open so they cant take more steps towards recovery (delay tactics are prime as im close to SB)?

Thanks

You must be very careful that none of this correspondence amounts to an admission of liability, watch out for Cabot pulling fast ones.
Leave it up to Cabot to provide and easily legible copy if the can't that's their problem, the more time they spend looking the better.
If by chance they do come up with something new post here and we can look at it carefully.

nem

[TLivo99]

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

Many thanks,

I'll sit and wait then

Cheers
TLivo99