Mortimer Clarke Solicitors

[Steve_T]

Hi legal beagles.

Had a letter today from MCS stating :

Our Client : Cabot Financial (UK)
Original Creditor : Capital One
Account No: (blank they have not included it on the letter)
Outstanding Balance : 413.61

We are solicitors instructed by Cabot Financial UK Limited. We have been instructed by our client to start court proceedings against you if you do not respond to this letter, as you have not agreed a reasonable payment agreement in relation your debt. This means if you do not respond, we will issue a claim asking the court to make a judgement order against you for payment of the debt.

You would be able to submit a defense to the claim , or ask the court to allow you to pay the debt by installments over a period of time, and the court would consider this, before deciding whether to make a judgement order against you. If you intend to defend the claim, please contact us now to explain the basis of the dispute.. If you would like to pay the debt by installments over a period of time , please contact us now with your payment proposals.

If we start court proceedings and you do not reply to the claim form that the court sends you, our client will request that the court grants a judgment in default by installments of £50 per month, unless information is held, by us and our client, which suggests that this is not appropriate, in which case, our client will request the claimed sum be payable forthwith. If this rate is not affordable for you, please contact us as soon as possible to discuss the details of your current financial circumstances in order that we may agree a fair and affordable repayment plan with you.

Signed up to noddle for a free credit report, I have included a screenshot, they are stating they are the lender and have now registered defaults for October and November.

The default date is 29/01/2010 and I think the last payment made was £1 in December 2009 (to Aktiv Kapital), although I don't have access to the bank account I had back then so cannot confirm it.

Can someone please advise me on the best course of action to deal with this please.

Many thanks,

[Steve_T]

Re: Mortimer Clarke Solicitors

Hi could someone please give me advice on how to proceed. ? I believe this is very close to being statute barred if it's not already, should I be sending a CCA request to Cabot ?

Agian the recorded default was 29/01/2010 but I think the last payment was made 12/2009. So if I make contact requesting a CCA will that reset the 6 years ?

many thanks

[nemesis45]

Re: Mortimer Clarke Solicitors

Hi could someone please give me advice on how to proceed. ? I believe this is very close to being statute barred if it's not already, should I be sending a CCA request to Cabot ?

Agian the recorded default was 29/01/2010 but I think the last payment was made 12/2009. So if I make contact requesting a CCA will that reset the 6 years ?

many thanks

Good morning,
Apologies for not picking up on your post yesterday!

A CCA Request does not affect the Limitation period at all, in any case add " This request is not an admission
of any liability for the alleged debt".

Use a postal order endorsed " For Statutory Fee Only" take a copy of it and retain it.

Yes send CCA request to Cabot signe for post.

Short note to MC Just stating you have asked their client for information and will respond
to MC once the information is received.

I suspect that Cabot would claim if challenged on the status of the debt in relation to
the provisions of the Limitation Act 1980, that the relevant 6 year period started from
the date the account " fell into default".

It a case of stalling them for a few weeks.

nem

[Steve_T]

Re: Mortimer Clarke Solicitors

thank you nem.. appreciate the advise

[nemesis45]

Re: Mortimer Clarke Solicitors

thank you nem.. appreciate the advise

Happy to help Steve:santa_smiley:
nem

[Mika]

Re: Mortimer Clarke Solicitors

hi Steve I have sent letter after letter to this solicitor and they have just had court papers sent to me. I am not to worried about it as I know that the debt is status barred and I am very hopeful that the court won't rule against me.

This is the first letter I sent your more than welcome to use it as a template but ensure you put "without prejudice" in the middle under the address. They will come back to say you do owe it still due to the default date so you will need to get a copy of the agreement from Cabot. I will also post my second response letter and what I have put on the court papers (only sent yesterday)
You need the credit agreement to be sure that it comes under the Consumer Credit Act as mine does




Letter one
Without prejudice

reference number

You have contacted me about the account with the above reference number, which you claim I owe.

Under the Limitation Act 1980 Section 5:

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following.

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the alleged amount claimed.

Please confirm in writing that you will not make any further contact about the above account and confirm that this matter is now closed.



letter 2
WITHOUT PREJUDICE
Dear Sir/Madam


Reference

You have contacted me about the account with the above reference number, which you claim I owe.
I have received your letter dated the 16/11/2015 claiming that this debt is not statute barred as it was terminated in 2010. However, after taking further advice from National Debtline they have advised me that the date the agreement was terminated does not affect the limitation period.
Under the Limitations Act 1980 the default date does not signify the date of 'cause of action' The date of 'cause of action' is when the debt fell due and it is up to you (the creditor) to prove a valid payment, written acknowledgement or judgement since the debt fell due. If you cannot do this but keep chasing for this debt then that behaviour can be considered harassment under the FCA guidelines”



after this this letter I got court papers and my defence I sent as advised by the CAB is below


[COLOR=rgba(0, 0, 0, 0.701961)]I believe that in accordance to the Limitations Act 1980 the debt is staute-barred. My last payment or acknowledge towards this debt was December 2007.
[COLOR=rgba(0, 0, 0, 0.701961)]In respect of an agreement regulated by the Consumer Credit Act 1974, it is suggested that time runs from the date of default by the debtor, and that under the terms of the agreement, entitles the creditor to sue for the whole amount outstanding under the loan, and not from the date of expiry of the default notice. This would be after I missed one or two payments.[/COLOR]

[COLOR=rgba(0, 0, 0, 0.701961)]The claimant has stated that 'BMW Fianancial Services V Hart is revelant, however as this case refers to a non-consumer credit act regulated hire purchase agreement I believe the relevant case would be Swansea City V Glass.

it is now up to to them to prove that I owe the money and that they have had payment or contact from me in the last 6 years

hope this helps

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