Cabot/Mortimer Clarke Capital one HELP PLEASE!

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

No no, it's probably me being half asleep and not being able to get my head around it!
Thanks again! I'll get the CPR request done when I get home.

Paul

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Good morning! (Well, I'll still be in bed after a night shift....)
Sorry to seem like a bit of an idiot here, but on my CRP, I listed as documents needed as "1 Agreement", is this ok on its own there, or do I need to mention the default notice too? This is what is in the "particulars of claim" box on the claim form;

"By an agreement between CAPITAL ONE & the Defendant on or around 04/12/2004 ('the Agreement') CAPITAL ONE agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 9638.49"

Thank you very much, and sorry to be a nuisance! I'm off to bed now!
Paul

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Oooops, forgot to ask; do I need to physically sign the CPR, or will just my printed name be ok? I didn't sign the CCA physically, just printed.
Thank you.

[icrina53]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

you can add the notice of assignment as is mentioned on the particulars
You don't need to sign , printed name should be good

[nemesis45]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Oooops, forgot to ask; do I need to physically sign the CPR, or will just my printed name be ok? I didn't sign the CCA physically, just printed.
Thank you.

Yes it must be signed.

The " lifting " of signatures by companies in the debt collection industry is an " Urban Myth" never seen any proof that this has happened.

nem

[icrina53]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Is this a new thing? I never signed mine and got a reply with no mention of that

[nemesis45]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Is this a new thing? I never signed mine and got a reply with no mention of that

No not new, although there is no actual obligation to sign a CCA request the recipient must be sure that the document (s)
are provided to the right person.

The CPR request has nothing to do with CCA 1974 it is a court procedure rule and should be signed.

As said there is no point in not signing either request.

nem

[Amethyst]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Usually it seems to be a stalling technique, or checking identity if you have moved house since the agreement was taken out.

[icrina53]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Thank you for that , I sent both mine off yesterday , none of them signed . I should wait for the reply , in case they ask for signature I still have plenty of time to resend
To be honest I am a bit paranoid when it comes to signing papers😔

[charitynjw]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

If they (the debt purchaser or their sols) insists on a signature, the only logical reason I can think of (other than stalling, as Amethyst has already mentioned), is for a comparison to an 'existing' document which itself contains a signature.

Therefore they must have/are insinuating that they have in their possession something with which to compare

(ie the original signed agreement, or signed correspondence) :flypig:

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Thank you very much guys, I didn't expect to cause a stir!
OK, so I added the notice of assignment, and signed it, although I noticed just before sending it that I had crapbot's address on the envelope instead of Mortimer's, so I will amend when I get home from work and post tomorrow.
Then we'll wait for the reply.
Thank you so much for your help everyone!
Paul

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Morning all,
I had a reply from Mortimer Clarke, this is what I received;

"Dear Sir
Thank you for your letter dated 21 January 2016.

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instructions.

Yours faithfully

Mortimer Clarke"

Do I have to inform the court, if so, what do I put in writing and how do I send it, email or physical letter?
Now, I haven't had anything back from the CCA, surely that would have been the agreement?
The last two paragraphs are talking about the "agreement" and "the notice of assignment", the latter, I probably have from capital one, but I would have thought the CCA would have produced the agreement? Or are they playing around, should I ask them for both as in the previous letter to them?

What are your thoughts on this, and what should I do next?
And should I start the new "vs" thread at this point?
Ohhhh! So many "Q's"!! I do apologise, but many thanks in advance!

Paul

[Kandis]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Hi
You're a few days behind me. Standard letter from Mortimer, yes inform the courts and attach the letter. (obviously a copied one!) I sent mine by email, but can do either.
Don't chase the CCA , up to them to prove they have the CCA, and if they haven't got it then it's unenforceable.
Send this letter to Mortimer, (duly pinched from Nem)

" I refer to your letter dated .........., I have informed the court of the agreed extension of 28 days.
In reference to your inquiry regarding documents that I may have under my control, this request is denied, any documents that I may have will be disclosed at the appropriate time in compliance with court procedure.
As CPR 31.14 is relevant to this claim until it is allocated to the small claims track, I would expect to receive the documents within 7 days, as they are required in order to properly assess my position with regards this claim.
In addition to my request under CPR 31.14 I have requested a copy of the agreement and accompanying terms directly from your client pursuant to section 77-79 of the Consumer Credit Act 1974.
Failure to comply will be brought to the attention of the court."

Hope this helps.

Kandis

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Hi Kandis,
Thank you for that! Which court email address would be best to use, their website has a few to choose from?

Thank you very much!

Paul

[charitynjw]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

https://www.justice.gov.uk/courts/no...rt-bulk-centre


defendants ccbcdefendants@hmcts.gsi.gov.uk