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Hi, I'm Paul,
Sorry if this has been flogged to death, I have studied other threads and ended up getting more confused, and moreover, I am very short on time, so please forgive me if this has been brought up before. I know member Steve-T has started a thread after having an identical letter from "Mortimer Clarke" who are of course part of the famous "Cabot financial" heroes.
trying to be brief about my story;
I had my own business, and in 2008 it went down the pan due to the "credit crunch". I had a credit card with Capital One, not sure what year I started with them, I kept trying to pay them, among other cards but eventually I couldn't pay anymore, as I only got at most £400 per month. Citizens Advise were involved, and to be honest made the matter even worse. I never heard anything until a firm called Debitas wrote demanding The debt in full etc, £9600, I had nowhere near this amount, it was all escalated with late payment fees and, a PPI, which was £62 per month, I did try to claim against this, (but Capital One sent my claim back, saying I was employed and not self employed, so I lost out the claim, but that's another story in itself...)
I was hoping for a statute barred, but looking at the only statement I can find, I made a payment on june 20th 2010.
What I want to know please, is, do I need to send a CCA NOW to Mortimer Clarke or Cabot? Or do I wait for the claim to go to court first?
At the moment me and my wife are staying at my brothers house, because it's nearer my parents, as we help look after dad after his stroke. I work nights driving, I do 12-13 hour shifts as well as help look after my dad, so have very little time for anything really! I have had friends at my house, living there on a temporary basis, a "briefcase" came round demanding to know where I was. I wasn't very impressed...
This is the CCA letter I intend to send, does it look ok?
Dear Sir/Madam
Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX
This letter is a formal request pursuant to s.77/78 of the consumer credit
Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5(2), 3(b),6 and 7 of theConsumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
Furthermore, if it is your intention to arrange a call from your 'doorstep collectors, I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.
I look forward to hearing from you.
Yours faithfully
signature
Thank you very much for any advice you can give me, I'm off to bed now, my eyeballs are hanging out!
Paul
Sorry if this has been flogged to death, I have studied other threads and ended up getting more confused, and moreover, I am very short on time, so please forgive me if this has been brought up before. I know member Steve-T has started a thread after having an identical letter from "Mortimer Clarke" who are of course part of the famous "Cabot financial" heroes.
trying to be brief about my story;
I had my own business, and in 2008 it went down the pan due to the "credit crunch". I had a credit card with Capital One, not sure what year I started with them, I kept trying to pay them, among other cards but eventually I couldn't pay anymore, as I only got at most £400 per month. Citizens Advise were involved, and to be honest made the matter even worse. I never heard anything until a firm called Debitas wrote demanding The debt in full etc, £9600, I had nowhere near this amount, it was all escalated with late payment fees and, a PPI, which was £62 per month, I did try to claim against this, (but Capital One sent my claim back, saying I was employed and not self employed, so I lost out the claim, but that's another story in itself...)
I was hoping for a statute barred, but looking at the only statement I can find, I made a payment on june 20th 2010.
What I want to know please, is, do I need to send a CCA NOW to Mortimer Clarke or Cabot? Or do I wait for the claim to go to court first?
At the moment me and my wife are staying at my brothers house, because it's nearer my parents, as we help look after dad after his stroke. I work nights driving, I do 12-13 hour shifts as well as help look after my dad, so have very little time for anything really! I have had friends at my house, living there on a temporary basis, a "briefcase" came round demanding to know where I was. I wasn't very impressed...
This is the CCA letter I intend to send, does it look ok?
Dear Sir/Madam
Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX
This letter is a formal request pursuant to s.77/78 of the consumer credit
Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5(2), 3(b),6 and 7 of theConsumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
Furthermore, if it is your intention to arrange a call from your 'doorstep collectors, I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.
I look forward to hearing from you.
Yours faithfully
signature
Thank you very much for any advice you can give me, I'm off to bed now, my eyeballs are hanging out!
Paul
... I'll tag [MENTION=55034]nemesis45[/MENTION] for you so he can advise as soon as he sees is 
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