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Hi,
I think I have a case to send a 6 year statute barred letter, but I'd like to understand the implication of cause of action first.
I had a credit card issued from MBNA. The last payment made was in November 2011.
Over the next few years I received letters from a few different DCA's, however, I didn't admit liability or acknowledge the debt to any of them.
Cabot Credit Management appear to have ultimately purchased the debt and in December 2016 I received a County Court Claim Form. The claimant was ME III Ltd, with Mortimer Clarke acting on their behalf.
I wrote to Mortimer Clarke and asked for CCA, CAPR, etc...
Mortimer Clarke wrote back in January 2017 advising that they act on their client's instructions and they don't hold the documentation I have requested. They asked their client to provide the detail and will come back as soon as they can. The matter was on hold and no further action would be taken.
I haven't heard from anybody until 2 days ago.
Somebody from Cabot phoned me, advised there was an outstanding debt; the debt was equal to the amount from Dec 2016; a CCJ was issued in December 2016.
The CCJ is not registered. I receive a Clear Score update every month, but for peace of mind, I went to both Experian and Equifax and downloaded full reports yesterday.
Here's my dilemma - as the matter was placed on hold in January 2017 (I still have the letter from Mortimer Clarke), did cause of action occur in December 2016?
So, do I proceed with a statute barred letter?
Grateful for any advice from those who know more than I do.
P
I think I have a case to send a 6 year statute barred letter, but I'd like to understand the implication of cause of action first.
I had a credit card issued from MBNA. The last payment made was in November 2011.
Over the next few years I received letters from a few different DCA's, however, I didn't admit liability or acknowledge the debt to any of them.
Cabot Credit Management appear to have ultimately purchased the debt and in December 2016 I received a County Court Claim Form. The claimant was ME III Ltd, with Mortimer Clarke acting on their behalf.
I wrote to Mortimer Clarke and asked for CCA, CAPR, etc...
Mortimer Clarke wrote back in January 2017 advising that they act on their client's instructions and they don't hold the documentation I have requested. They asked their client to provide the detail and will come back as soon as they can. The matter was on hold and no further action would be taken.
I haven't heard from anybody until 2 days ago.
Somebody from Cabot phoned me, advised there was an outstanding debt; the debt was equal to the amount from Dec 2016; a CCJ was issued in December 2016.
The CCJ is not registered. I receive a Clear Score update every month, but for peace of mind, I went to both Experian and Equifax and downloaded full reports yesterday.
Here's my dilemma - as the matter was placed on hold in January 2017 (I still have the letter from Mortimer Clarke), did cause of action occur in December 2016?
So, do I proceed with a statute barred letter?
Grateful for any advice from those who know more than I do.
P
