Mortimer Clarke/Cabot Financial

[calibanzwei]

Good morning all,
I've been reading up on the various paperwork required to properly defend myself against what you call a 'Letter before action' in the post this morning (dated 3 Nov), I just want to make sure I've got this right.
According to the letter I had an unsecured loan with Lloyds TSB, which was assigned to Cabot in June last year.

Fair enough, I had a loan (from April 2011) and was made redundant around March 13, stopped paying and went a little transient. Now I'm settled again, I get this letter.

Let me see if I've got this straight:
1. A CCA ( S77-79 request) to Cabot with a £1 postal order - found the template, gratitude to all involved.
- keep own copy
- send Royal Mail Signed for, keep receipt

2. A CPR sent to Mortimer Clarke - again, thanks for the templates.

I also have a 'Reply Form' from Mortimer Clarke. Any further information on how best to proceed would be greatly received.

Many thanks

[Debt Camel]

Re: Mortimer Clarke/Cabot Financial

See https://debtcamel.co.uk/letter-before-claim-ccj/ for my thoughts on how to complete the Reply Form.

Do you have other debts from this time?

[Diana M]

Re: Mortimer Clarke/Cabot Financial

I've been reading up on the various paperwork required to properly defend myself against what you call a 'Letter before action' in the post this morning (dated 3 Nov), I just want to make sure I've got this right. . . .

Let me see if I've got this straight:
1. A CCA ( S77-79 request) to Cabot with a £1 postal order - found the template, gratitude to all involved.
- keep own copy
- send Royal Mail Signed for, keep receipt

2. A CPR sent to Mortimer Clarke - again, thanks for the templates.

I also have a 'Reply Form' from Mortimer Clarke.

If you've received a Letter Before Action not a county court claim then you wouldn't send the CPR 31.14 Request because that only applies to live claims.

Di

[calibanzwei]

Re: Mortimer Clarke/Cabot Financial

See https://debtcamel.co.uk/letter-before-claim-ccj/ for my thoughts on how to complete the Reply Form.

Do you have other debts from this time?

No, not that I'm aware of. Thanks for the extra info.

If you've received a Letter Before Action not a county court claim then you wouldn't send the CPR 31.14 Request because that only applies to live claims.

Di

Understood - only after reading the template a second time did I twig that it wasn't necessary as I hadn't even applied for the CCA, never mind received it to attach!
It is only the '...Cabot may ask us to issue court proceedings...' letter.

Thanks

[calibanzwei]

Re: Mortimer Clarke/Cabot Financial

Oh, and the Reply Form goes back to Mortimer Clarke, not Cabot, as its their form - still two letters to send!

[Diana M]

Re: Mortimer Clarke/Cabot Financial

I had an unsecured loan with Lloyds TSB, which was assigned to Cabot in June last year.

Was the debt assigned to Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd?

Di

[calibanzwei]

Re: Mortimer Clarke/Cabot Financial

Was the debt assigned to Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd?

Di

Cabot Financial (UK) Ltd.

If it comes down to it they'll get whatever minimum financial payments I can manage, however with my carers allowance I am frugal to say the least and want to ensure I'm properly educated and informed!

[Diana M]

Re: Mortimer Clarke/Cabot Financial

Cabot Financial (UK) Ltd.

That could cause them a problem if they do issue a court claim

Di

[calibanzwei]

Re: Mortimer Clarke/Cabot Financial

That could cause them a problem if they do issue a court claim

Di

Why them, the problem? I believe I'm missing something!

[calibanzwei]

Re: Mortimer Clarke/Cabot Financial

Having done some more reading over the weekend, Cabot Financial (UK) Ltd are indeed unlicensed - how could this affect the process I'm about to go down?
Continue to send the CCA to Cabot & 'Reply Form' to MC, or is it a good idea to draft a new letter to Mortimer Clarke pointing out that their client is without license and carrying on with activities for which a license is required, without one, is a criminal offence.
See where things go from there?

Save myself a £1 - told you I was tight!

[Amethyst]

Re: Mortimer Clarke/Cabot Financial

Regardless of the authorisation issue I'd send the CCA - it can be invaluable in defending these cases.

Regards authorisation - I'm sure Di will fill in the details and how best to handle it, whether to bring it up at this stage or not etc, later, but for now an overview on a similar company ( also unlicensed currently ) on this thread http://legalbeagles.info/forums/show...l=1#post662664 . There's no publicly available judgments/rulings by the courts on the issue so it's a little up in the air how definitive the situation is ( again Di can expand on that )

[calibanzwei]

Re: Mortimer Clarke/Cabot Financial

Thanks, just noting my options.

[Diana M]

Re: Mortimer Clarke/Cabot Financial

is it a good idea to draft a new letter to Mortimer Clarke pointing out that their client is without license and carrying on with activities for which a license is required, without one, is a criminal offence.

No that would not be a good idea.

You've received a 'Letter Before Claim' not a county court claim - there's a big difference.

Don't make the mistake of entering into some informal Pre-Trial Review where you enable them to fish for information from you. You're the one asking questions and seeking disclosure of documents from them, not the other way round.

Ask don't tell, but don't ask for too much or you'll find that they source all the information they need to prove their case and then issue a claim.

Di