Cabot/Mortimer Clarke Capital one HELP PLEASE!

[charitynjw]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

To me, this looks like a pre April 2007, no prescribed terms, CCA s127.3 scenario.

[nemesis45]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Update, update, update....
I haven't updated before now, because I didn't want to tempt fate, I'm hoping I'm safe to do so now!
After sending the above response as advised by nem, I received a reply stating they were contacting their "client" and awaiting further instructions. That, is the last I have heard to date!
After such a traumatic year, it was nice to get them off my back. As I mentioned before, my dad was very ill, and sadly passed away a couple of weeks after my last post.
You helped me out in a very difficult time, and gave me help when I needed it most. Had I not done that last update, and amethyst and nemesis getting involved, I would have sent a form off, and now be paying an unfair debt off (the original debt was about £3500, the rest was fines, interest, ppi etc etc...)
Thank you so very much, for your invaluable advice and help, and I want you to know I'm eternally grateful!!
I would also like to know how I can at least make a donation of some kind.
Thank you very much,
Paul

Good morning Paul,

Sorry to hear about your dad!!
Thank you I will ask [MENTION=6]Amethyst[/MENTION] to contact you re a donation or you could opt to become a VIP member.

Have you checked on the status of the claim with the court? I suspect the claim is stayed.
nem

[Kati]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Link for VIP subscription xx

http://www.legalbeagles.info/forums/payments.php

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

To me, this looks like a pre April 2007, no prescribed terms, CCA s127.3 scenario.

Yes, being 2004, you'd be quite right there I think.

Good morning Paul,

Sorry to hear about your dad!!
Thank you I will ask [MENTION=6]Amethyst[/MENTION] to contact you re a donation or you could opt to become a VIP member.

Have you checked on the status of the claim with the court? I suspect the claim is stayed.
nem

Thank you nem,
I remember calling the court, and they did say it was stayed, they also explained, to bring it back to court, they would have to explain why it took them so long to do so, and it would cost them more money. Do excuse me though, I can't remember exactly what was said, but it was along those lines.

[Hubblebubble]

Just to say thank you once again for your help, and as a little thank you I have renewed my subscription to this wonderful site!
Paul

[Amethyst]

Thank you Paul xx All still quiet ?

[Hubblebubble]

Yes thank you, but that isn't to say I don't have my fingers tightly crossed!

[Amethyst]

Well, you could apply to strike out the claim as an abuse of process ( you did send the CPR 31.14 as well I believe, as well as the CCA request coming back incomplete?), but that carries risks , potentially of pushing them into proceeding, potential additional cost against you if you lost the application, and a court fee of £255. It is horrid having these things just lurking in the background I know but might be better just keeping quiet for now at least and letting them make first move - When did this default ? ( just thinking if you can hang on until it would be stat barred before doing anything )

Also - did you do anything about the PPI direct with Cap One or FOS ?- it was PPI and you were self employed and it was missold.

[Diana M]

just thinking if you can hang on until it would be stat barred before doing anything

Sadly the Statute Barred clock would have stopped ticking when the Claim was issued in 2016.

As you say it would be a gamble to make an Application to strike out in the hope of a successful outcome which could mean the debt would then become SB. Although once struck out I don’t see how they could reissue.

Di

[Amethyst]

That was my thinking, but it is a gamble.