Tweet
I think this covers everything you want to say to them.... amend of course as you wish so it's in your own words, I've kept it 'normal' rather than 'legal' to get across that you've simply had enough of their rubbish. I've put £200 as that seems a reasonable amount to cover their purchase of the account and court fee with a bit of profit to make them happy.... but amend as you want to.
Dear Cabot, ( cc Mortimer Clarke Solicitors)
Dear Cabot, ( cc Mortimer Clarke Solicitors)
Without Prejudice
Reference: CLAIM NO xxxxxxxxxxx
Thank you for your letter dated xx July 2018 in which you state that the last payment on the account was £1 in 2011. It is my understanding that this payment was NOT, as you suggest, a payment to the account, but a statutory payment to the original creditor, capital one, in order to obtain a copy of the original agreement pursuant to section 78 of the Consumer Credit Act 1974. The payment should not have been allocated to the account in any way and thus will not be considered as the last payment for purposes of calculating the period the debt has been statute barred. In fact your previous communications appear to show that the £1 payment was removed from the account a few days later.
payment received 24/11/2011 -£1
payment adjustment 29/11/2011 +£1
This is simply not capable of extending the statute barred period.
The last payment made, according to my records, was in 2007 and the account was defaulted early in 2008. It had already been removed from my credit file and no payments or acknowledgements were subsequently made. Therefore your county court claim issued 6th November 2016 was already out of time pursuant to the Limitations Act 1980.
In any event, I have since sent two further formal requests to you pursuant to the Consumer Credit Act 1974, neither of which you have complied with. I'm sure you are fully aware that while you remain in default of these requests you are unable to enforce the agreement. You have sent an alleged copy of an agreement however it is completely illegible and doesn't contain the prescribed terms. Therefore I consider you to be in default of my formal requests.
It has been almost 2 years since you filed the claim for this alleged debt, over that time I have requested information and details from you to help me consider my position and to date have received very little information.
However, in the interests of getting this sorted without expending further time and expense on dealing with it I would be willing to make a goodwill offer of payment of £200 in full and final settlement of the account, with no acceptance of liability, on the condition the account is closed and the county court claim withdrawn from the court. My Mother passed away recently and to be honest, I have far more important things to be concerned with at the moment and cannot deal with the stress your apparent abuse of the court process is causing me.
However, in the interests of getting this sorted without expending further time and expense on dealing with it I would be willing to make a goodwill offer of payment of £200 in full and final settlement of the account, with no acceptance of liability, on the condition the account is closed and the county court claim withdrawn from the court. My Mother passed away recently and to be honest, I have far more important things to be concerned with at the moment and cannot deal with the stress your apparent abuse of the court process is causing me.
Please confirm your acceptance of this offer in writing. Should this offer not be accepted I will proceed with defending your claim through the courts and I will be disputing any application you may make to lift the stay and/or for summary judgment as I believe I have a real prospect of success in defending your claim.
Kind regards
xxxxxxxxxxxxxx
You can make your agreed payment now xxx
Comment