Mortimer Clarke Solicitors - We are instructed by our client to close your account

[sd41591]

Hi legalbeagles,

This is my first post.

In 2004 I took a credit card with HSBC. Due to personal circumstances I got in to debt and could not afford to pay the card. The debt was approx. £10,000. a default was placed on my credit file on 27/08/2010. There was no further communication with HSBC regarding this debt as I moved abroad. I found out that the debt had been sold to Marlin Financial. A few months ago I returned to the UK. I understand about statute barred debt in England so decided to keep a low profile and not join the electoral role or take any type of credit until after the default falls off in August 2016 (I am sure it is already statute barred however do not want to open a can of worms so until August I will just keep my head down). The reason for my post is that completely out of the blue I received a letter from Mortimer Clarke Solicitors (I know that they are the in-house solicitors for Marlin/Cabot) saying the following:

""""we are instructed by our client to close your account. Your account has been referred back to our client and your debt remains outstanding. Our client's agent will be in touch in due course."""""

The letter was received 27th Jan 2016. It was sent to my parents house; I have not responded to it and have heard nothing since. We are now approaching April. What does this letter mean; are they saying that they will no longer be chasing this debt and they have signed it off or is this the start of them proposing further action (maybe CCJ).

I am almost certain that this is already statute barred but would prefer to wait until the default date as I have never communicated with anyone following this date. Should I be worried about this letter?

Hope you can help. Thanks.

[nemesis45]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Good morning, welcome to LB.

Statute Barred in England & Wales = 6 clear years with no payment or unequivocal written admission of liability.

The various entities within Cabot group tend to claim the relevant 6 year period in relation to section 5 of the Limitation Act 1980 starts ( their words)the date " the account fell into default" but then go on to claim that the date recorded on credit reference files is the pertinent date.

As all defaulted accounts are removed from CRA files after 6 years paid or not the default date on CRA files is not reliable as an indication that a debt is statute barred.

I would be good to know what the actual agreement says about defaulting on payments.

Personally I would send HSBC a Request for a copy of the agreement for this card under the provisions of section 78 of the Consumer Credit Act 1974 (CCA Request) there is a £1 statutory fee for this a postal order endorsed " For Statutory Fee Only" there is a template in the green " short cuts " box above. Use signed for post. This will put you at an advantage if Cabot/Marlin do attempt further action.

I would keep a close eye on credit reference files for changes because the companies in the debt purchase " industry " in the UK a likely to off load a debt they consider has been on their books too long.

nem

[sd41591]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Thanks Nem,

My mother has kept all paperwork; I can confirm 100% that there has been no payment and no communication after June 2010. Unfortunately she has not got the copy of the original agreement with HSBC.

Do I need to write to HSBC directly requesting the copy of the agreement or should the request be directed to Cabot/Mortimer Clarke?

Does writing to them not allow them an avenue to chase me; as previously I have had no place for them to look: My parents informed Marlin Financial when the debt was first sold to them to stop writing letters as the person they were writing too had moved abroad and there was no forwarding address: hence why they have not contacted me in all that time.

Basically, I don't want to open a can of worms...

Thanks, sd41591

[nemesis45]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Thanks Nem,

My mother has kept all paperwork; I can confirm 100% that there has been no payment and no communication after June 2010. Unfortunately she has not got the copy of the original agreement with HSBC.

Do I need to write to HSBC directly requesting the copy of the agreement or should the request be directed to Cabot/Mortimer Clarke?

Does writing to them not allow them an avenue to chase me; as previously I have had no place for them to look: My parents informed Marlin Financial when the debt was first sold to them to stop writing letters as the person they were writing too had moved abroad and there was no forwarding address: hence why they have not contacted me in all that time.

Basically, I don't want to open a can of worms...

Thanks, sd41591

I'd go direct so as not to put MC on guard.

nem

[Noah]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Other than getting sight of the agreement is there actually any point in sending a cca request to HSBC?

I agree that there is no point in waking cabot especially as the account is within a few months of being SB

Is it possible that HSBC would pass on the request to Cabot thus alerting them to activity

Surle let sleeping dogs lie would be better at this point

[sd41591]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Hi Noah,

I have this same thought around sleeping dogs. It is noted that agreements around this time (circa. 2004) were not written nor managed as well as they should have been. Even if the agreement cannot be provided for whatever reason it would just mean that I can start the process of getting the default set aside however, I am in no urgent need for credit. My main aim for the post is to understand what the meaning of the letter is from Mortimer Clarke solicitors; is it anything to worry about or is it literally a final note informing that the debt is no longer being chased by them or Marlin/Cabot.

Thanks, sd41591

[charitynjw]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Other than getting sight of the agreement is there actually any point in sending a cca request to HSBC?

I agree that there is no point in waking cabot especially as the account is within a few months of being SB

Is it possible that HSBC would pass on the request to Cabot thus alerting them to activity

Surle let sleeping dogs lie would be better at this point

Hi Noah,

I have this same thought around sleeping dogs. It is noted that agreements around this time (circa. 2004) were not written nor managed as well as they should have been. Even if the agreement cannot be provided for whatever reason it would just mean that I can start the process of getting the default set aside however, I am in no urgent need for credit. My main aim for the post is to understand what the meaning of the letter is from Mortimer Clarke solicitors; is it anything to worry about or is it literally a final note informing that the debt is no longer being chased by them or Marlin/Cabot.

Thanks, sd41591

IMHO

It is unlikely (though not impossible) that the OC will inform the assignee of the request - they have sold the alleged debt for pence in the pound, & so will want to 'wash their hands' of the matter.

[sd41591]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Thanks guys! The information you have provided is invaluable. It will be August in no time...so will hold tight and continue to check my credit report and act on any changes accordingly. I will update the thread with any additional information if it comes to light.

[nemesis45]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

IMHO

It is unlikely (though not impossible) that the OC will inform the assignee of the request - they have sold the alleged debt for pence in the pound, & so will want to 'wash their hands' of the matter.

I agree Charity the very unlikely to happen the OC has no reason to inform Cabot.

nem

[Noah]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Hi Noah,

I have this same thought around sleeping dogs. It is noted that agreements around this time (circa. 2004) were not written nor managed as well as they should have been. Even if the agreement cannot be provided for whatever reason it would just mean that I can start the process of getting the default set aside however, I am in no urgent need for credit. My main aim for the post is to understand what the meaning of the letter is from Mortimer Clarke solicitors; is it anything to worry about or is it literally a final note informing that the debt is no longer being chased by them or Marlin/Cabot.

Thanks, sd41591

Hi
Unless I have completely misunderstood what has been said
there is no cci
the solicitors have just written to you saying that the account is being passed back to their client

personally i would be waiting until something such as a Letter of claim is forthcoming or even a county court claim
You are right that agreements from that time are less than reliable BUT they were getting better and many are enforceable so it is easier to wait until something happens

The response to a Letter before Action that has been posted recently has , I am told, been proven to stop a claim in its tracks.

If there is a CCJ or a claim issued can you just set me straight
Thanks

[nemesis45]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Hi
Unless I have completely misunderstood what has been said
there is no cci
the solicitors have just written to you saying that the account is being passed back to their client

personally i would be waiting until something such as a Letter of claim is forthcoming or even a county court claim
You are right that agreements from that time are less than reliable BUT they were getting better and many are enforceable so it is easier to wait until something happens

The response to a Letter before Action that has been posted recently has , I am told, been proven to stop a claim in its tracks.

If there is a CCJ or a claim issued can you just set me straight
Thanks

There's been no mention of a CCJ or even a claim being issued, only the possibility thereof.

It seems that with the pending removal of the CRA entry later this year and the sudden appearance of Mortimer Clarke stating that the matter had been recalled by their " client " raised concerns as to what Cabot might be contemplating now. There is no indication so far as to what this may be.

nem

- - - Updated - - -

Hi
Unless I have completely misunderstood what has been said
there is no cci
the solicitors have just written to you saying that the account is being passed back to their client

personally i would be waiting until something such as a Letter of claim is forthcoming or even a county court claim
You are right that agreements from that time are less than reliable BUT they were getting better and many are enforceable so it is easier to wait until something happens

The response to a Letter before Action that has been posted recently has , I am told, been proven to stop a claim in its tracks.

If there is a CCJ or a claim issued can you just set me straight
Thanks

There's been no mention of a CCJ or even a claim being issued, only the possibility thereof.

It seems that with the pending removal of the CRA entry later this year and the sudden appearance of Mortimer Clarke stating that the matter had been recalled by their " client " raised concerns as to what Cabot might be contemplating now. There is no indication so far as to what this may be.

nem

[charitynjw]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Hi
Unless I have completely misunderstood what has been said
there is no cci
the solicitors have just written to you saying that the account is being passed back to their client

personally i would be waiting until something such as a Letter of claim is forthcoming or even a county court claim
You are right that agreements from that time are less than reliable BUT they were getting better and many are enforceable so it is easier to wait until something happens

The response to a Letter before Action that has been posted recently has , I am told, been proven to stop a claim in its tracks.

If there is a CCJ or a claim issued can you just set me straight
Thanks

A CCA request, if appropriate, & not complied with by the 'owner' of the alleged debt, will render it unenforceable.

[Noah]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

A CCA request, if appropriate, & not complied with by the 'owner' of the alleged debt, will render it unenforceable.

Of course that is the case however a cca request to HSBC will have no consequences unless what is sent is non compliant.

My thoughts are more based on the fact that the solicitors are passing it back to Cabot which would seem to suggest that legal action is less likely -hence my thoughts to sit and wait and take action if and when

[nemesis45]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Of course that is the case however a cca request to HSBC will have no consequences unless what is sent is non compliant.

My thoughts are more based on the fact that the solicitors are passing it back to Cabot which would seem to suggest that legal action is less likely -hence my thoughts to sit and wait and take action if and when

The solicitors are wholly owned by Cabot so the solicitors / client relationship is rather Bogus the CEO of the Cabot is a director of Mortimer Clarke Ltd.

[charitynjw]

Re: Mortimer Clarke Solicitors - We are instructed by our client to close your accoun

Of course that is the case however a cca request to HSBC will have no consequences unless what is sent is non compliant.

My thoughts are more based on the fact that the solicitors are passing it back to Cabot which would seem to suggest that legal action is less likely -hence my thoughts to sit and wait and take action if and when

I didn't realise that HSBC are the current 'owners' of the debt for CCA purposes?