mortimer clarke and Cabot - need help

[becci134]

Hello, So I received a letter from mortimer clarke stating that they had taken on a debt from Cabot and intend to follow CCJ if no agreement can be made. I have no record of this debt, so sent the statute barred letter you have on here asking for the evidence of acknowledgement or payment.

Today I received a letter stating that a payement was made on the 11/06/2010. I have checked my account statements and have no record of a payement on that date nore any around it.

Surely a date is not evidence?

They have asked is I disagree please set out precise legal basis giving the date in which I believe it became statute barred, or withdraw and pay.

Is it their responsibility to prove it is??

I have the CCA letter ready for sending but not sure if this is the write course.

Thanks

[becci134]

Re: mortimer clarke and Cabot - need help

I just wanted to add, in their response they have also stated Section 29(5) of the limitations Act 1980

"...where any right of action has accrued to recover...any debt or other liquidated pecuniary claim...and the person liable or accountable for the claim acknowledges the claim or makes payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgement or payment"

[nemesis45]

Re: mortimer clarke and Cabot - need help

Hello, So I received a letter from mortimer clarke stating that they had taken on a debt from Cabot and intend to follow CCJ if no agreement can be made. I have no record of this debt, so sent the statute barred letter you have on here asking for the evidence of acknowledgement or payment.

Today I received a letter stating that a payement was made on the 11/06/2010. I have checked my account statements and have no record of a payement on that date nore any around it.

Surely a date is not evidence?

They have asked is I disagree please set out precise legal basis giving the date in which I believe it became statute barred, or withdraw and pay.

Is it their responsibility to prove it is??

I have the CCA letter ready for sending but not sure if this is the write course.

Thanks

Good evening,

Cabot has instructed it's solicitors Mortimer Clarke to
What type of account was this and who was the original creditor?

A CCA request is appropriate only for Agreements Regulated by The Consumer Credit Act 1974 ( as amended).
It does not apply to " service contracts" such as mobile phone contracts and utility bill.
It is not applicable to bank current accounts and over drafts.

No a date is not sufficient do they say how much the payment was?

I would reply along the lines of:

Sir/ Madam,

I refer to your letter dated .........................: in response to my letter informing you that the alleged debt now owned by
your client is statute barred, your response alleging that a payment was made on date............. is insufficient to prove
any such payment was made and is rejected.

I am sure both Mortimer Clarke and its client ( joke really MC's parent company) are fully aware that the onus of providing
unequivocal proof that any such alleged payment was made by me personally falls entirely upon your client.

Having carefully checked my banking history I can confirm no such payment was made on after of before the date alleged.

I therefore reiterate my statement the alleged debt is statute barred and should Cabot issue a claim it will be robustly defended.

amend to suit, if you use this send by signed for post and check delivery.
nem

[becci134]

Re: mortimer clarke and Cabot - need help

Hello, They originally said it was a capital one credit card, for which they provided a card number. I had one of these about 12 years ago, and would have stopped using not long after that maybe 2 years.

[nemesis45]

Re: mortimer clarke and Cabot - need help

Hello, They originally said it was a capital one credit card, for which they provided a card number. I had one of these about 12 years ago, and would have stopped using not long after that maybe 2 years.

Hello Becci is this debt showing on your credit files. you can check Noddle Free Online.

So we are looking at an account opened approx. 2004 defaulted possibly 2006?

nem