Urgent advice RE: Mortimer Clarke please

[ajl75]

Hi all,

First time user of these forums but find them really useful so thank you in advance. I will be very direct and any advice would be great.

Capital one credit card in 2010, payments were fine. got divorced in 2011, kept the kids and the debt. No payments since then.

Cabot have recently got in touch by phone and post. Escalated to Mortimer Clarke now threatening CCJ if I do not respond.

My credit file is shocking but I am making excellent payments on everything and have been for the last 5 years now things are settling down.

The debt is for £338. I know I have to pay it but what is my best option.

Do I challenge them?
Do I ignore them. (don't really want to do that)
I am really tempted to make them an offer but am fearful of acknowledging the debt after such a long time.

Any advice please??

Many thanks.

[nemesis45]

Re: Urgent advice RE: Mortimer Clarke please

Good afternoon, welcome to LB,

Don't give in to Cabot to easily.

Send Cabot a Request under the provisions of CCA 1974 for a copy of the agreement relevant to the alleged debt, there's a £1 statutory fee for this , use a postal order endorsed " For Statutory Fee Only ", Cabot has 12 + 2 Working Days to comply. There's a template in the forum library for this.
Use signed for post.

nem

[ajl75]

Re: Urgent advice RE: Mortimer Clarke please

[QUOTE=nemesis45;600095]Good afternoon, welcome to LB,

Don't give in to Cabot to easily.

Send Cabot a Request under the provisions of CCA 1974 for a copy of the agreement relevant to the alleged debt, there's a £1 statutory fee for this , use a postal order endorsed " For Statutory Fee Only ", Cabot has 12 + 2 Working Days to comply. There's a template in the forum library for this.
Use signed for post.

nem[/QUOTE

Thank you for your response.

Will this delay the court action or is that still likely to proceed?

[nemesis45]

Re: Urgent advice RE: Mortimer Clarke please

[QUOTE=ajl75;600103]

Good afternoon, welcome to LB,

Don't give in to Cabot to easily.

Send Cabot a Request under the provisions of CCA 1974 for a copy of the agreement relevant to the alleged debt, there's a £1 statutory fee for this , use a postal order endorsed " For Statutory Fee Only ", Cabot has 12 + 2 Working Days to comply. There's a template in the forum library for this.
Use signed for post.

nem[/QUOTE

Thank you for your response.

Will this delay the court action or is that still likely to proceed?

The court action is still a threat only.
If they can't find the agreement then they can't enforce the debt, then again the agreement could be faulty.

nem

[ajl75]

Re: Urgent advice RE: Mortimer Clarke please

[QUOTE=nemesis45;600106]

The court action is still a threat only.
If they can't find the agreement then they can't enforce the debt, then again the agreement could be faulty.

nem

So even though I've had a letter saying I have 14 days to reply, the cca approach is the best option?

I can send the letter with a £1 postal order and that'll show me if they have the original documents yes?

Sorry for all the questions.

[nemesis45]

Re: Urgent advice RE: Mortimer Clarke please

[QUOTE=ajl75;600111]

So even though I've had a letter saying I have 14 days to reply, the cca approach is the best option?

I can send the letter with a £1 postal order and that'll show me if they have the original documents yes?

Sorry for all the questions.

Yes they have to produce that agreement + a current statement of the account.
Some of Capones " short application/ agreement " forms were badly put together.

nem

[ajl75]

Re: Urgent advice RE: Mortimer Clarke please

Thanks.

I'll keep you updated.

[ajl75]

Re: Urgent advice RE: Mortimer Clarke please

So today I had a reply from Cabot. It thanks me for my request, it states that they do not the information on file but they have requested it. It also says the following;

" I note that you have requested the deed of assignment. This document is confidential between the original lender and us and as such is not available for disclosure. However, the notice of assignment was originally sent to your postal address on 15th October which is sufficient evidence to justify our ownership of this account".

It then goes on to tell me that they recognise the 12 day time limit but ask for 40 days as they need to go back to the lender. Is this normal.

Any advice would be hugely appreciated.

Many thanks

[nemesis45]

Re: Urgent advice RE: Mortimer Clarke please

So today I had a reply from Cabot. It thanks me for my request, it states that they do not the information on file but they have requested it. It also says the following;

" I note that you have requested the deed of assignment. This document is confidential between the original lender and us and as such is not available for disclosure. However, the notice of assignment was originally sent to your postal address on 15th October which is sufficient evidence to justify our ownership of this account".

It then goes on to tell me that they recognise the 12 day time limit but ask for 40 days as they need to go back to the lender. Is this normal.

Any advice would be hugely appreciated.

Many thanks

The statement re the DOE is correct ( a court may order disclosure of the deed, but in my experience if a deed
is supplied it is heavily redacted and proves of little value.

The rest re the CCA request is Carboot talking " Bowlocks" AGAIN!!

Non compliance with the CCA request renders the debt unenforceable UNTIL the agreement is produced.

nem.:santa2:

[ajl75]

Re: Urgent advice RE: Mortimer Clarke please

So the advice is to wait?

if it takes 40 days then their is little I can do I guess.

Thank you again for your feedback.

[Amethyst]

Re: Urgent advice RE: Mortimer Clarke please

You must put your defence in by the deadline still ( 28 days from the date of service of the claim ) regardless of whether you receive the documents from Cabot else you could end up with a default judgment. there is an example defence here http://www.legalbeagles.info/forums/...t-Court-Claims

Actually IGNORE ME, you haven't had a claim yet so yes just wait...

but it is an important note for other with the 40 day Cabot letter after a court claim has been issued so I'll leave it there.

For a £338 debt its not massively worth going to court over - if you CAN you could try a full and final settlement without prejudice offer of say 40% of the debt to get it settled and out of your hair.

[ajl75]

Re: Urgent advice RE: Mortimer Clarke please

Thanks amethyst. Paying it was my original plan but i was concerned about acknowledging it before checking they had all of the information.

Because I'm new to all of this I'm basically waiting for the proof that they can enforce the debt yes? The 40 days. After that, if they can proof it, could I still offer a full and final offer or will that weaken my chances?

[Kati]

Re: Urgent advice RE: Mortimer Clarke please

Personally (and I'm a stubborn Yorkshire lass) I'd be waiting 'til they issue a court claim

You'll no doubt get settlement "offers" both before and after they go down that route that'll give you the chance of a F&F payment/schedule to clear the debt (bearing in mind they paid only a %age of the original debt) that you might find it's well worth the wait xx

[Amethyst]

Re: Urgent advice RE: Mortimer Clarke please

If they don't come up with the docs then you are in a stronger position yes, if they do then you're in a weaker position negotiation wise. It's a bit of a chess game at this stage.

Are you anywhere near statute barred ?

[nemesis45]

Re: Urgent advice RE: Mortimer Clarke please

I've seen this ploy ending up very costly.
I agree totally with [MENTION=49370]Kati[/MENTION] no offers of payment now!

nem.:santa2: