Cabot/Mortimer Clarke Capital one HELP PLEASE!

[CharlieP]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Well, crapbot and Mortimer dick have found the agreement, and every statement for this card, so it looks like I'm screwed,

Is the agreement all there? From what I've read elsewhere, parts tend to be missing etc. so it might be worth posting it up here before you throw in the towel if it's not too late

[Guest]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Right, well here's an update on the above case, lots of people here don't seem to tell the outcome of their cases.
Well, crapbot and Mortimer dick have found the agreement, and every statement for this card, so it looks like I'm screwed, just filling in the form for monthly payments now. All this and my father is critically ill in hospital.
Having got all the statements, I've seen exactly what is spent where. Over £9600 original debt, £410 form fee, £100 costs, total over £10100, out of the original debt, £5420 is interest, late payment fees etc etc, also a useless ppi, which they (capital one) wouldn't pay out on when I needed it when my business was failing.
I was hoping it would have been struck out, but apparently not.
They also sent another letter reducing the total to £7 something K.
Thanks everybody for the help on here, we just weren't successful on this occasion!

Has this claim been allocated to a track? Did you ever get a directions questionnaire? Or was it just left dormant (stayed) after submitting your defence? If so, have you been notified that the stay is lifted and the case going ahead?

If you fill in the form in question you will get a CCJ by admission for the full amount of the claim rather than the discounted amount. I'd hold off doing that till you have looked at all the alternatives. When did you take out the card?

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

You currently have the claim on hold in the court system - since February - it is really worth contacting the court to check the status. It could be some time before they try and pick up the case again, if ever, or it could have been discontinued already.

and Reclaim the PPI - you can do that direct with Capital One - http://www.capitalone.co.uk/support/ppi-complaints.jsf ( scroll down for claim form)

You spent what £4k ? on the card - you could always make them an offer to pay that by installment - which would save them having to reopen the case - and ask them for a consent order so as long as you pay the case just stays on hold and is discontinued once you've finished payments.

There are options other than just filling in the admit & offer to pay form.

Sorry to hear your father is so ill xxx

Thank you once again Amethyst.
I called the court, they say the case was stayed in March, they said they would have to have to apply to lift the stay and could add the fee on to this case. That probably explains why they were so quick to make a 25% offer.
They say (mortimer dick) if I agree to the proposal, they would send me a "Tomlin Order".

Well, I'm not sure I can claim the PPI, I tried once before and failed, I was a self employed haulage contractor, but the "employed" box was ticked rather than the "self-employed".... :-(

What other options are there to the fill in the form? Well, it seems to be just an expenses form, although I don't like the idea of leaving phone numbers and my employers details.

They also asked me to "set out the peicise legal basis of my defence within 14 days (letter dated 8th June, I'm assuming (hoping) that it is working days and giving 5 days from the date of letter for delivery etc...)

Is the agreement all there? From what I've read elsewhere, parts tend to be missing etc. so it might be worth posting it up here before you throw in the towel if it's not too late

Yes, it all seems to be there, complete with transaction statements.

Has this claim been allocated to a track? Did you ever get a directions questionnaire? Or was it just left dormant (stayed) after submitting your defence? If so, have you been notified that the stay is lifted and the case going ahead?

If you fill in the form in question you will get a CCJ by admission for the full amount of the claim rather than the discounted amount. I'd hold off doing that till you have looked at all the alternatives. When did you take out the card?

So, the case was stayed in March, and is in that status now, so I would imagine they will have to apply to lift the stay, which, for such an amount, and the fact they have the agreement and statements in hand, I'm sure they will do so.

Thank you so much for getting back to me guys!

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Has this claim been allocated to a track? Did you ever get a directions questionnaire? Or was it just left dormant (stayed) after submitting your defence? If so, have you been notified that the stay is lifted and the case going ahead?

If you fill in the form in question you will get a CCJ by admission for the full amount of the claim rather than the discounted amount. I'd hold off doing that till you have looked at all the alternatives. When did you take out the card?

Sorry, forgot to mention; card was taken out december 2004

[Amethyst]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Debt is £9600 ? so 25% is £2.5k ? The tomlin order, is that allowing you to pay by installment ?

If the agreement IS right and compliant then it might be worth doing that to save going back to court and risking a CCJ. WIll get it out of your hair quickest.

Would like to see the tomlin they've offered and the agreement though first.

And I think you should try the PPI again. Rules are tighter now on reclaims being turned down. If you ticked to say you were self employed then the PPI was missold.

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Well, the debt including the fees comes to £10150ish, they say:
"If you agree to this settlement proposal we are instructed to send you a Tomlin Order detailing the settlement agreement. The Tomlin Order will contain terms that our client will not be entitled to apply for a county court judgement against you, whilst you are regularly repaying the balance under the agreed settlement terms"
Yes, they will accept instalments.

Unfortunately it looks like I ticked the "employed" box whilst being self-employed.
And the form requests proof of being employed or self employed etc, so I think that's out of the window, unless a greedy ppi firm can get it somehow, I'd rather they have a cut of it, so capital have to cough something up. Grrrrr!

[Amethyst]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Ahhh 25% discount, not 25% of the debt ? If you can try post up the agreement that would give us a better idea if you want to be fighting this or negotiating settlement.
Also how important is not getting a CCJ to you?

You may well have left the box blank.... if the form requests proof of employment then you must have provided proof of employment or self employment... I'd get a subject access request off to Capital One to see what turns up in the wash. And no, a CMC isn't likely to be able to help you any more than you can deal with it yourself. It can hang fire for a bit though while you have other things to worry about. Letter for SAR is http://legalbeagles.info/forums/show...ur-information

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Oh yes! I wish! :-p 25% discount. I'll take a photo of the agreement and post it up, it's not very clear, it's a photocopy and not a very good one. I'm at hospital at the moment. Does it matter if the signature is visible, or should I blank it out or pm it to you?
Well, I'm not sure if I have a ccj or not already, I set up monthly payments on one after getting a court letter a few years ago, and one I paid in full after I missed a deadline. So, yes, I could probably do without one/another one, but probably not the end of the world.

I meant the form for claiming ppi requests proof of employment, I don't remember providing anything except the form, either by post or internet (it was in the days when they threw cards at you!

Thank you very much!

[Guest]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Oh yes! I wish! :-p 25% discount. I'll take a photo of the agreement and post it up, it's not very clear, it's a photocopy and not a very good one. I'm at hospital at the moment. Does it matter if the signature is visible, or should I blank it out or pm it to you?
Well, I'm not sure if I have a ccj or not already, I set up monthly payments on one after getting a court letter a few years ago, and one I paid in full after I missed a deadline. So, yes, I could probably do without one/another one, but probably not the end of the world.

CCJs appear on your credit files and the public records for six years. This is the place to search for them: http://www.trustonline.org.uk/

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Here's the agreement (hopefully!)

[nemesis45]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Here's the agreement (hopefully!)

Is that all that has been provided it's clearly marked as an " Application Form".

Do you have terms and conditions with this?

nem

[Amethyst]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

It is the credit agreement - application forms are usually the credit agreement.
However it does need the terms with it that are referred to it in.

2004 terms should be like this - http://www.legalbeagles.info/forums/...One-Terms-2004

[MIKE770]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Terms & Conditions present on Application????? be a 1st no doubt if they were, you know what I mean all those extra sheets of words!

[MIKE770]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

T&Cs I saw for 2002, in the area of the 1st paragraph was stipulated £12.00 late payment etc etc charge, Something made be think these were not present on that skimpy bit of paper, and are not the Terms etc,

Wonder why I thought That?lol

[Hubblebubble]

Re: Cabot/Mortimer Clarke Capital one HELP PLEASE!

Well, that's all that Mortimer dicks sent me, that's all I signed (99% sure) but as for anything else I had at that time, I can't remember, probably a booklet with t's and c's, would that count?