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PLEASE HELP - Cap1, Cabot & Mortimer Clarke

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  • #46
    Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

    Originally posted by Cosmic Kitty View Post
    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.
    Have a look at this website for guidance on getting ESA either income or contribution based, as a couple. See if it applies to you. Just concentrate on the finances, ie your children, husband's wage, to see if it applies.

    http://www.cpag.org.uk/content/calculating-esa

    Comment


    • #47
      Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

      Originally posted by nemesis45 View Post
      Cabot ha 12 + 2 Working Days to comply failure so to do renders the debt unenforceable Until the agreement is supplied.
      Cabots usual trick is so say they need 40 days to comply, which is nonsense and can be dealt with if / when it happens.

      nem
      Hi @nemesis45, @Openlaw15, [MENTION=48934]Debt Camel[/MENTION]
      I would be very grateful if you wouldn't mind taking a moment to read my post please.
      I received a letter today from Mortimer Clarke Solicitors today which I will post a photo of as an attachment to this post - But I have not heard anything back from Cabot Financial and I was wondering what your opinion is on what is lightly to happen next, and if you think I will actually receive a letter back from Cabot and if you think the letter I have received today from Mortimer Clarke is just a standard letter....Your opinions & guidance mean a lot to me, thanks in advance
      Attached Files

      Comment


      • #48
        Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

        Originally posted by Cosmic Kitty View Post
        Hi @nemesis45, @Openlaw15, @Debt Camel
        I would be very grateful if you wouldn't mind taking a moment to read my post please.
        I received a letter today from Mortimer Clarke Solicitors today which I will post a photo of as an attachment to this post - But I have not heard anything back from Cabot Financial and I was wondering what your opinion is on what is lightly to happen next, and if you think I will actually receive a letter back from Cabot and if you think the letter I have received today from Mortimer Clarke is just a standard letter....Your opinions & guidance mean a lot to me, thanks in advance
        well things are on hold until they look into those documents you requested. Afterwards, they'll get in touch, it would seem.

        Comment


        • #49
          Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

          Originally posted by Cosmic Kitty View Post
          Hi @nemesis45, @Openlaw15, @Debt Camel
          I would be very grateful if you wouldn't mind taking a moment to read my post please.
          I received a letter today from Mortimer Clarke Solicitors today which I will post a photo of as an attachment to this post - But I have not heard anything back from Cabot Financial and I was wondering what your opinion is on what is lightly to happen next, and if you think I will actually receive a letter back from Cabot and if you think the letter I have received today from Mortimer Clarke is just a standard letter....Your opinions & guidance mean a lot to me, thanks in advance
          Hi CK

          Morty C are now part of the Cabot group of vultu.....er, companies.

          They could retrieve the documents in a heartbeat, if they (the group) had bothered to obtain them when they bought a portfolio of debt at rock-bottom prices.

          They now have to go back to the original lender to try & obtain them. (CAP 1 - a credit card account?)

          They haven't issued a court claim against you (I think), & they can't do so until they comply with your lawful request via CCA s78 for a legible copy of the original agreement (or a uitable reconstruction), etc.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #50
            Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

            Originally posted by Cosmic Kitty View Post
            Hi @nemesis45, @Openlaw15, @Debt Camel
            I would be very grateful if you wouldn't mind taking a moment to read my post please.
            I received a letter today from Mortimer Clarke Solicitors today which I will post a photo of as an attachment to this post - But I have not heard anything back from Cabot Financial and I was wondering what your opinion is on what is lightly to happen next, and if you think I will actually receive a letter back from Cabot and if you think the letter I have received today from Mortimer Clarke is just a standard letter....Your opinions & guidance mean a lot to me, thanks in advance
            Good morning,

            A standard template response, but please remember that the court processes continue unchanged unless
            a formal application ( agreement) for an extension of time has been agreed and notified to the court, once
            a claim has been issued.


            nem

            Comment


            • #51
              Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

              Originally posted by charitynjw View Post
              Hi CK
              Hi @charitynjw, Thank you for your reply, I really appreciate it.

              They now have to go back to the original lender to try & obtain them. (CAP 1 - a credit card account?)
              Yes, this is in relation to a Capital One Credit Card.

              They haven't issued a court claim against you (I think), & they can't do so until they comply with your lawful request via CCA s78 for a legible copy of the original agreement (or a uitable reconstruction), etc.
              Mortimer Clarke sent me a letter stating that if they didn't hear from me they were going to issue a claim for county court, so I responded with the cca letter and I have received nothing else from them except the above letter in response to such letter - so I don't think they have made a claim yet?
              That's great to know, looks like I need to wait for them to supply me with a copy of the agreement then - Thanks again for your reply

              Comment


              • #52
                Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                Originally posted by nemesis45 View Post
                Good morning,

                A standard template response, but please remember that the court processes continue unchanged unless
                a formal application ( agreement) for an extension of time has been agreed and notified to the court, once
                a claim has been issued.

                nem
                Hi [MENTION=55034]nemesis45[/MENTION], Thank you for your reply, I really appreciate it.
                Mortimer Clarke sent me a letter stating that if they didn't hear from me they were going to issue a claim for county court, so I responded with the cca letter and I have received nothing else from them except the above letter in response to such letter - so I don't think they have made a court claim yet? I have not receive any court papers or anything like what I have seen on other posts, so I'm a bit confused.
                Does that mean that I caught them in time during the warning stage that they were going to make a county court claim, before they had chance to make an actual claim?? If so, am I right in thinking they now can't do so until I receive the information I requested within the cca letter?
                So sorry for all the questions, I'm just so stressed about everything at the moment, I'm struggling to cope and I'm getting easily confused.
                Thanks again for your reply

                Comment


                • #53
                  Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                  Originally posted by Cosmic Kitty View Post
                  Hi @nemesis45, Thank you for your reply, I really appreciate it.
                  Mortimer Clarke sent me a letter stating that if they didn't hear from me they were going to issue a claim for county court, so I responded with the cca letter and I have received nothing else from them except the above letter in response to such letter - so I don't think they have made a court claim yet? I have not receive any court papers or anything like what I have seen on other posts, so I'm a bit confused.
                  Does that mean that I caught them in time during the warning stage that they were going to make a county court claim, before they had chance to make an actual claim?? If so, am I right in thinking they now can't do so until I receive the information I requested within the cca letter?
                  So sorry for all the questions, I'm just so stressed about everything at the moment, I'm struggling to cope and I'm getting easily confused.
                  Thanks again for your reply
                  If Cabot/MC can't get their hands on an agreement the debt is rendered unenforceable until the agreement is produced.
                  If they are minded to issue a claim without the agreement to hand, you have an automatic defence, let them play out their
                  game otherwise this will really get confused.

                  nem

                  Comment


                  • #54
                    Re: PLEASE HELP - Cap1, Cabot & Mortimer Clarke

                    Originally posted by nemesis45 View Post
                    If Cabot/MC can't get their hands on an agreement the debt is rendered unenforceable until the agreement is produced.
                    If they are minded to issue a claim without the agreement to hand, you have an automatic defence, let them play out their
                    game otherwise this will really get confused.

                    nem
                    Thanks for your reply - Ok, great - Looks like I just need to wait and see what happens next by awaiting their next move - Thanks again

                    Comment

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