Mortimer clarke solicitors

[Kendog1991]

I have done the 3 letter process aswell as sending a section 10 notice..they have totally ignored them and sent me this letter i request the documents again and they never sent me the original credit agreement or the deed of assignment..i then sent a cca request form on the 15th of feb it is going to be 12 days tomorrow and i have had no reply...what would be my next step in this?

[MIKE770]

No Not FOTL letters, no wonder.. well if a court case happens then you can request Deeds possibly later depends on your circumstances etc, care to enlighten us as to the situation of claimants etc>?? credit cards ???? CCA request well they would have to supply a later date do not chase them for it if they cannot find one all well and good

[Kendog1991]

Its for a credit card debt

[warwick65]

You have left your name and reference number on the letter

Have they sent you a letter of claim /letter before action?

Firms usually take longer than the 12 working days to respond to a CCA request but it might help if you gave a few more details

What type of debt is it. Loan, credit card etc

Roughly how much is it, hundreds , thousands, over 10,000? These things might be important if a claim is issued

I am afraid to say the three letter process is hokum

[Kendog1991]

The debt is for £355 and is for a credit card they have only sent a letter threatening ourt action

[warwick65]

Hi
Ok so at the moment not a lot more you can do, you have sent the cca request so hopefully they can't produce

[Kendog1991]

What is the next step if they can not produce the cca request?

[warwick65]

If they can't comply with the CCA request then they can not enforce and in theory they should not even issue a claim.

This is why it is important to keep copies of letters, payment details, royal mail tracking number and proof of delivery - again in theory they should keep you updated on what is happening with your request but I sent two requests to a firm in 2016 and had one letter from them saying they were looking- nothing since.

[Kendog1991]

I had previously written to the company last year in may they have recently been back in touch with the documents i requested except for orignal credit agreement and deed of asignment

[Kendog1991]

I have today received the credit agreement between me and capital one..the letter states if i wish to continue my disbute i need to provide clear details of the legal basis within 14 days if i dont reply they will refer the matter to their client for futher instruction... the letter is dated 21st so i have only 7 days left? Bit unfair but ok...

[warwick65]

Sorry to sound like a broken record but can you confirm
1) Did you send a CCA request similar to this one CCA Request Letter
2) Did you send the £1 fee with it?
3) What exactly did they send you in return
It should be
A copy of the signed agreement or if that is not available a reconstituted copy of what you would have signed
Any terms and conditions that were present when the account was opened
A set of terms and conditions (IF DIFFERENT) from when the account defaulted - if it was a matter of months there may only be the one set
A signed statement of account - a letter signed and saying what you owe


If they have sent all that then your options may be limited but there is an awful lot more to a debt being unenforceable than just the agreement
Did you receive a compliant Default Notice ?
Did you receive a notice of assignment?

I do think your options might be dictated by how much cash you have, can you afford a CCJ - if you have money and can't afford a CCJ then maybe try to negotiate, if you have no money and whats another CCJ then you might want to play hard ball- only you can decide

[Kendog1991]

Yes i used that cca template letter and also enclosed the £1 fee.. they have sent me reconstituted credit agreement, statement of account,default notice and notice of assignment..i dont have much money but even if i did i wouldnt give one penny to any of these companies

[warwick65]

Yes i used that cca template letter and also enclosed the £1 fee.. they have sent me reconstituted credit agreement, statement of account,default notice and notice of assignment..i dont have much money but even if i did i wouldnt give one penny to any of these companies

So
If you are not going to pay you will need to think how you can defend it

It does sound as if they MAY have provided everything a LiP could easily argue.

If they issue a claim it might be worth sending a SAR to Capital One to find out just exactly what info there is there
Maybe the default dates or the assignment dates do not match up or maybe there are other regulatory details Lowell should have complied with which they haven't . Maybe IF it gets that far you can ask for disclosure of the NOA but that is a long way off

Don't misunderstand me, I am never in favour of rolling over and paying but sometimes - IF they issue a claim and IF they proceed with it and IF you can not find a defence with a prospect of success you have to think practically . However there are a lot of IFs there

IF they do go to court the best way of being laughed out of court is, IMO, to use the FMOTL process

[Kendog1991]

What is the FMOTL process?

[warwick65]

What is the FMOTL process?

The three letters - I guess you got them from Goodf?

Not everything they say is bad advice but the majority is.