Cabot/Mortimer clarke

[downtownman]

Hi, New to this so I hope I'm in the right place. I would appreciate any help or input with the following:-
My story starts way back in May 1997 when I took out a personal loan with Coop Bank, over the next 18 months I paid my repayments and then took out a further top-up loan. Some time afterwards I had to leave my job due to ill health and defaulted on the repayments. In June of 2005 Cabot Financial contacted me to say they had bought the loan and I should now deal with them. To cut a long story short this debt was passed around several debt collection companies on Cabots behalf until eventually it ended up back with them. I made some small payments at the time to them but then stopped as they were constantly ringing asking for bigger payments which I couldn't afford and they were becoming quite aggressive. Years passed on and occasionally I would get the odd demand letter which I ignored, then suddenly this last six months I have been inundated with demands to get in touch all of which I ignored until on the 14th October 2015, I have now received a County Court Claim via Mortimer Clarke. Having read your forum I followed the advise given to others and acknowledged receipt with the court, and also sent a CCA to Cabot and a CPR to Mortimer Clarke, 2 weeks have now passed and I have heard nothing from Cabot although I sent a 1.00 postal order and Mortimer Clarke have replied saying Cabot have agreed to a 28 day extension but regarding the CPR31.14 , that they believe I have already inspected the documents in the past from other parties such as the original creditor, which is totally untrue. I have now written to let the court know of the extension but am now lost for what to do next. Also on the County Court Claim it states that this is Monies due under current Overdraft, I have never had an overdraft with the Coop Bank this was a personal loan, which I now believed may be statute barred, please help!

[nemesis45]

Re: Cabot/Mortimer clarke

Hi, New to this so I hope I'm in the right place. I would appreciate any help or input with the following:-
My story starts way back in May 1997 when I took out a personal loan with Coop Bank, over the next 18 months I paid my repayments and then took out a further top-up loan. Some time afterwards I had to leave my job due to ill health and defaulted on the repayments. In June of 2005 Cabot Financial contacted me to say they had bought the loan and I should now deal with them. To cut a long story short this debt was passed around several debt collection companies on Cabots behalf until eventually it ended up back with them. I made some small payments at the time to them but then stopped as they were constantly ringing asking for bigger payments which I couldn't afford and they were becoming quite aggressive. Years passed on and occasionally I would get the odd demand letter which I ignored, then suddenly this last six months I have been inundated with demands to get in touch all of which I ignored until on the 14th October 2015, I have now received a County Court Claim via Mortimer Clarke. Having read your forum I followed the advise given to others and acknowledged receipt with the court, and also sent a CCA to Cabot and a CPR to Mortimer Clarke, 2 weeks have now passed and I have heard nothing from Cabot although I sent a 1.00 postal order and Mortimer Clarke have replied saying Cabot have agreed to a 28 day extension but regarding the CPR31.14 , that they believe I have already inspected the documents in the past from other parties such as the original creditor, which is totally untrue. I have now written to let the court know of the extension but am now lost for what to do next. Also on the County Court Claim it states that this is Monies due under current Overdraft, I have never had an overdraft with the Coop Bank this was a personal loan, which I now believed may be statute barred, please help!

Hi welcome to LB,

Standard template letters always the same.

Chase the CPR request it still applies until the claim is allocated to the small claims track.

The CCA request gives Cabot 12 + 2 Working days to comply, failure renders the debt
unenforceable until the agreement is produced.

Not uncommon for companies like Cabot to claim that an loan account is an OD
which is harder to challenge.

Their particulars of claim are fundamentally flawed you can with all honesty say you
have never had an OD with the Co-Op bank.

My guess is that they are having difficulties getting documents to prove their claim
hence the extension, not surprising given the incompetence of that bank.
As to statute barred, on a loan the relevant 6 year period starts when the creditor first
demands Immediate Repayment of the Debt In Full. No further payments or unequivocal
written acknowledgment in 6 clear years.

nem

[downtownman]

Re: Cabot/Mortimer clarke

Hi nem, Thanks for your reply, I requested the CCA from Cabot on the 24/10/15, still no reply at all. As regards them saying this debt is an overdraft, I still have the original loan agreement in my possession so I can prove it was a personal loan. Also I have a letter from Robinson,Way & Company Ltd. [acting on behalf of Cabot] Dated 9/06/06 which states FORMAL DEMAND FOR PAYMENT and goes on to say they have been authorised to collect payment in full within 10 days of this letter , or court action will be taken, would this qualify as regards SB.

[nemesis45]

Re: Cabot/Mortimer clarke

RW are not entitled to send any kind of formal demand, as with a DN that's down to the original creditor.
So that amounts to Bu*gger all no effect on limitations.
Only the actual issue of a court claim, a payment by you or a written admission of liability can stop the clock.
nem

[downtownman]

Re: Cabot/Mortimer clarke

Not so sure how Statute Barred works, I thought that if no payments had been made for 6 or more years then it would be SB. Sorry to be so vague but what does "a payment by me or written admission" mean, as I haven't paid any payments for years

[nemesis45]

Re: Cabot/Mortimer clarke

Not so sure how Statute Barred works, I thought that if no payments had been made for 6 or more years then it would be SB. Sorry to be so vague but what does "a payment by me or written admission" mean, as I haven't paid any payments for years

The Limitation Act 1980 lays down the 6 year (for simplicity) period after which no action can be started, the complication comes when considering when that relevant 6 year period starts.

With your loan the date when the lender " called in the loan " is the starting point.

You can look at the date the account was defaulted and if no payments were made
after that date you should be safe in stating that the account is statute barred.

Any payment to the debt by you in the relevant 6 year period restarts the " clock" at zero.
Any unequivocal written admission of liability e.g. " I can't afford to pay my debt in full
but offer payment of £xx per month.

There must be 6 clear years without any of the above or the issue of a court claim before
the debt is statute barred.

em

[downtownman]

Re: Cabot/Mortimer clarke

Thankyou Nem for your advice very much appreciated, will now contact Mortimer Clarke and let you know what happens.

[nemesis45]

Re: Cabot/Mortimer clarke

Thankyou Nem for your advice very much appreciated, will now contact Mortimer Clarke and let you know what happens.

Please for your own safety keep all contact in writing on this subject a paper trail is important, don't forget to refer to the " Alleged Debt".

nem

[downtownman]

Re: Cabot/Mortimer clarke

Hi, Well my time to file a defence is running out and all I have received from Cabot in response to my request for a CCA is a statement dated from !st July 2014 to 30th June 2015, stating no transactions have been made. But also on this statement it says:- ORIGINAL ACCOUNT NO , ORIGINAL CREDITOR - COOPERATIVE BANK, DATE ASSIGNED - 16TH JUNE 2005 and also DATE THE AGREEMENT BECAME AN EXECUTED AGREEMENT 15TH MAY 1996. Would this statement be classed as a CCA? and I still have the original documents and this loan wasn't taken out until 23 th May 1997, so why does it say May 1996? Would you point this out to the court in my defence? as I am not sure how to put this down in writing.

[nemesis45]

Re: Cabot/Mortimer clarke

Hi, Well my time to file a defence is running out and all I have received from Cabot in response to my request for a CCA is a statement dated from !st July 2014 to 30th June 2015, stating no transactions have been made. But also on this statement it says:- ORIGINAL ACCOUNT NO , ORIGINAL CREDITOR - COOPERATIVE BANK, DATE ASSIGNED - 16TH JUNE 2005 and also DATE THE AGREEMENT BECAME AN EXECUTED AGREEMENT 15TH MAY 1996. Would this statement be classed as a CCA? and I still have the original documents and this loan wasn't taken out until 23 th May 1997, so why does it say May 1996? Would you point this out to the court in my defence? as I am not sure how to put this down in writing.

Good afternoon,

I do not believe this complies with a CCA request at all, it is another Cabot spoof attempt
at creating a " reconstituted" agreement. Is this what the documents are described as?

My feeling would be to write to Carboot and reject the documents as not complying with your CCA request in any way, and you are sure that Cabot is fully aware of this fact and you invite them to withdraw the claim in the interest of saving costs and court time.

nem

[downtownman]

Re: Cabot/Mortimer clarke

Good afternoon Nem,
So glad you responded as I'm not sure what I'm doing really, I will as suggested write to Cabot, this letter is just a statement and offers me the option to make an early settlement!! Also their solicitors Mortimer Clarke told me over the phone that they had extended the court date to 4th Jan 2016 but on ringing the court they know nothing of this. I have requested this in writing but nothing received so I will go with the original deadline 14th Dec, and explain information requested has not been forwarded therefore I cannot supply an appropriate defence, but do believe this alleged debt is Statute Barred as I have not made a payment in over 6 years. Don't know where it will go from there?

[nemesis45]

Re: Cabot/Mortimer clarke

Good afternoon Nem,
So glad you responded as I'm not sure what I'm doing really, I will as suggested write to Cabot, this letter is just a statement and offers me the option to make an early settlement!! Also their solicitors Mortimer Clarke told me over the phone that they had extended the court date to 4th Jan 2016 but on ringing the court they know nothing of this. I have requested this in writing but nothing received so I will go with the original deadline 14th Dec, and explain information requested has not been forwarded therefore I cannot supply an appropriate defence, but do believe this alleged debt is Statute Barred as I have not made a payment in over 6 years. Don't know where it will go from there?

Ok Write or e-mail the court and inform them that the claimant has agreed to an extension., just to cover yourself.
The crap you have received is worthless imo and no doubt Cabot knows it!!
I'd keep the SB bit quiet for now, we need to absolutely sure of this.
In a earlier post I explained how a debt becomes statute barred. i.e. there has been no payment or written acknowledgment of the debt in a 6 year period, this 6 year period in the case of an unsecure loan would start when the creditor issues a Demand For Immediate Repayment of the Loan In Full and or a Final Demand for Payment this would happen 2-3 weeks before a default is registered.

Send the letter now and we will get to work on the defence.

nem

[downtownman]

Re: Cabot/Mortimer clarke

Thanks Nem, I rang the court and was told the deadline for defence to reach them is 14th december 2015, so need to act quickly, this 4th January that Motimer is talking about I believe is pure fiction and they are hoping my defence won't get there on time so the court will see it that I have not responded and go in their favour. The court advised me to file a defence straight away. I will get a letter straight out to Cabot although I will be surprised if they respond. Also I send all letters registered so they can't say they didn't receive them.

[nemesis45]

Re: Cabot/Mortimer clarke

Thanks Nem, I rang the court and was told the deadline for defence to reach them is 14th december 2015, so need to act quickly, this 4th January that Motimer is talking about I believe is pure fiction and they are hoping my defence won't get there on time so the court will see it that I have not responded and go in their favour. The court advised me to file a defence straight away. I will get a letter straight out to Cabot although I will be surprised if they respond. Also I send all letters registered so they can't say they didn't receive them.

Ok I suggest you look around other threads with defences on them it will give you an idea of Format, content and wording, make a draft and post here and we can go through it with you.
Points to watch: Double space between all the paragraphs. No bold or highlighted text. Keep it concise.

nem

[Unregistered]

Re: Cabot/Mortimer clarke

Hiya

Has anyone here seen the thread on another forum re Cabot (in it's various guises) not registered with FCA?

http://forums.all-about-debt.co.uk/s...-debt-to-Cabot

Post #8 onwards.

Also came across an interesting debacle in USA.
Seems like the CFPB (Financial Regulator) didn't much like Encore's nasty underhand tactics (chasing SB debt, using 'robo-signed' court documents etc.}
http://www.consumerfinance.gov/newsr...ect-bad-debts/

Encore have recently acquired 50.1% of Cabot
http://www.prnewswire.com/news-relea...213969831.html