• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

PLEASE HELP - Cap1, Cabot & Mortimer Clarke

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PLEASE HELP - Cap1, Cabot & Mortimer Clarke

    Hi Everyone
    I am a newbie and this is my first ever post - Please forgive me if I make any mistakes.

    I would be extremely grateful if anyone could kindly offer me some help and advice with my current situation.

    I have recently received mail from Cabot Financial - The first correspondence I received was an envelope containing several different letters, all with different dates in the same envelope. In this envelope was a "welcome to Cabot" letter dated 19/10/2015 which stated they had bought the account I held with Capital One on 24/09/2015 and their records showed I owed £592.82 - A letter dated 19/10/2015 on Capital One headed paper, saying that "I am writing to inform you that Capital One sold your account to the Cabot Credit Management Group on 24/09/2015 - A information print out that says "This letter acts as notice of assignment of your account to Cabot Financial UK - A general account letter stating that I need to call to arrange payment.

    Following the above mentioned correspondence I regularly received other letters simply stating" you need to contact us now to arrange payment".
    This is the bit where I am PANICKING like crazy :fear:I received a letter from Cabot on 14/01/2016 stating that as they have not heard from me, they are referring my account to Mortimer Clarke Solicitors - Within days I received a letter from Mortimer Clarke Solicitors stating that they are going to be filing for a CCJ within the next few weeks :scared:

    I have no clue on what to do about this and I would be very grateful if anyone would be able to advise me on what to do next please.

    The Capital One account in question was taken out in 2007 and was defaulted on in 2009/2010 when my husband & I was dealing with crippling financial difficulties which was caused by us having to close down our business. This regretfully left us both defaulting on many of our financial commitments at the time, leaving us both in heaps of debt :ballchain:

    Since loosing our business I have been unemployed due to health reason and suffering with anxiety & depression. We are currently living solely off my husbands wage which sadly isn't enough to cover our current financial obligations - Our Income & Expenditure list that we have drawn up to help us deal with our creditors, clearly shows we we are in trouble and have MINUS £280 each month

    I'm really confused as Capital one must have kept the account open for all these years as I was receiving emails telling me my statements for the month were ready to view right up until a few months ago, but I did not log into look and I have not made a payment to them or made any acknowledgement of the account/debt to anyone since 2009/2010 .... I have been advised by a friend that the debt might even be statue barred due to time length, so I don't know what action to take next?

    Are they just scare mongering to get me to make contact?? Are they really going ahead with the CCJ application ?? Do I make an offer of a token payment ?? or do I hang tight & do nothing ?? Arghhhhhh Panaking
    :behindsofa:

    JUST A QUICK UPDATE

    Some more info for everyone - As I'm wide awake at this ungodly hour and cant sleep due to being terrified and worried sick about this whole debarcle - I have just ripped the house apart and found an old Capital One file with some of my old letters in and I have just discovered that......

    *Account Was Opened on : 11/07/07
    *Last Payment Made was on : 07/10/10
    *Letter from Capital One containing a sentence stating Notice of Default served under section 87 (1) of the consumer credit act 1974 on : 01/02/11
    *Letter from Capital One containing a sentence stating your Capital One account is now officially in default on : 06/03/11
    *Received a letter from Cougar Financial Services on 10/03/11
    *Received a letter from Power2contact on 24/03/11
    *Received a letter from Cougar on 13/04/11
    *Received a letter from Cap Quest Debt Recovery on 07/06/11
    Cap Quest Debt Recovery on 17/06/11
    Cap Quest Debt Recovery on 28/06/11
    Cap Quest Debt Recovery on 08/07/11
    Cap Quest Debt Recovery on 22/07/11
    *Received a letter from Wescot Credit Services on 06/12/11

    Then Ive heard nothing until receiving the previously mentioned letters from Cabot and Mortimer Clarke.
    Last edited by Cosmic Kitty; 23rd January 2016, 04:57:AM.
    Tags: None

  • #2
    Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

    no communication/admittance to them = 6 years england/wales or 5 years scotland,

    send a CCA1974 request with £1.00 Postal Order written on the back for statuary request only to capital one - send recorded delivery to their full address not P.O. Number.

    was this an on line Credit application? also was it before May 2007 or after??

    [MENTION=1937]nemisis[/MENTION]45

    Comment


    • #3
      Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

      mortimer clarke threat ogram, treat it as a letter before action from Legal beagle library also point out CCA1974 request with capital one outstanding, top of page asked Nemisis to look in for you!

      - - - Updated - - -

      everything in writing recorded delivery - no phone calls to these muppets!

      Comment


      • #4
        Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

        Hi Mike770,
        Thank you for your reply and advice
        I'm a little confused - Do I send a CCA to Capital One, Cabot or Mortimer Clarke?

        Comment


        • #5
          Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

          CCA to capital one,

          LBA to mortimer clarke, you can also notify at the time that CCA1974 request is with capital one .

          Comment


          • #6
            Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

            *Account Was Opened on : 11/07/07
            *Last Payment Made was on : 07/10/10
            *Letter from Capital One containing a sentence stating Notice of Default served under section 87 (1) of the consumer credit act 1974 on : 01/02/11
            *Letter from Capital One containing a sentence stating your Capital One account is now officially in default on : 06/03/11
            Sadly not in the statue barred category - So does anyone have any ideas on the best way tackle this? Should I start making token payment with immediate effect to save grace when/if it goes before a judge???

            Comment


            • #7
              Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

              let Nemisis45 respond to you but try and get that letters ready to go but await Nems advice as well, he will pop in ,

              - - - Updated - - -

              Originally posted by Cosmic Kitty View Post
              *Account Was Opened on : 11/07/07
              *Last Payment Made was on : 07/10/10
              *Letter from Capital One containing a sentence stating Notice of Default served under section 87 (1) of the consumer credit act 1974 on : 01/02/11
              *Letter from Capital One containing a sentence stating your Capital One account is now officially in default on : 06/03/11
              Sadly not in the statue barred category - So does anyone have any ideas on the best way tackle this? Should I start making token payment with immediate effect to save grace when/if it goes before a judge???

              No it may as many of their CCAs are non enforceable do not jump the gun await Nemisi

              Comment


              • #8
                Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                Ok great - Thank you for your help Mike770 I really appreciate it, thank you
                May I ask what a LBA is please?

                Comment


                • #9
                  Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                  Letter before action, as they are threatening you with court action, there are letters in the library which if you do not find on here somebody will direct you to them! probably later in the morning etc? o.k.

                  Comment


                  • #10
                    Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                    Great thanks Mike770 - I will check out the library now to see what I can find.

                    Comment


                    • #11
                      Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                      I cant seem to find anything about the LBA letter I should send to Mortimer Clarke - I would be really grateful if someone could kindly post a link to the letters I need to send to help my situation please.

                      Comment


                      • #12
                        Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                        [MENTION=1937]nemisis[/MENTION]45

                        Comment


                        • #13
                          Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                          nemesis is off at present but no doubt sign in later or to-morrow, have PM'd him o.k.

                          Comment


                          • #14
                            Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                            Hello Cosmic Kitty,
                            Responding to Mikes PM.
                            I'm going to read through the thread then I'll be back.

                            nem

                            Comment


                            • #15
                              Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                              Ok, let's start with the fact that you don't need to be scared by Carboot and Mortimer Mouse:tinysmile_twink_t2: !!
                              There's a wealth of knowledge and experience on LB to see you through this with out losing any more sleep.

                              Reading your list of events above can you clarify please.
                              .
                              1. What happened with Cougar did you send a Request for a copy of the agreement?
                              2. Same question on Crapquest involvement.?
                              3. What about Wescot who were they acting for?
                              4. Was Power To Contact just tracing (phishing) to check you out?

                              It seems odd that the debt has been through these companies and no action has been
                              taken until Cabot gets it's grubby hands on it.

                              Next get a CCA request sent to Cabot asap, there is a template in the forum library for this.
                              A statutory fee of £1.00 has to be paid ( use a postal order endorsed " For Statutory Fee Only".
                              Cabot has 12 + 2 Working Days to comply.

                              The letter Mike770 referred to is a reply to a letter before action (not an actual LBA)

                              nem

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X