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Re: Mortimer Clarke Solicitors
That statement you got back from the Funding corporation, I know you said you've had various vehicle finances over the years - was there a VT or repossession back in summer 2003 ? that you recall ? - as that appears to be what the debt is. Shortfall following sale of vehicle.
I was just putting a stat barred letter together but thought if this really is a debt you don't know about, considering you weren't previously aware of the Funding Corp, we should put those assertions in too.
so ignore this below for the moment
You could write to MC now and tell them the account is statute barred. The account is on hold until the documents are provided by doesn't hurt to head them off at the pass with regards any court action.
Something like
Dear Mortimer Clarke
Ref XXXXXXXXXXXXXXXXXXX
Further to our recent correspondence I have been able to check my records with regards the alleged debt which you are chasing on behalf of your client, Cabot Financial (UK) Ltd.
You should be aware that the debt, originally with "The Funding Corporation", is statute barred pursuant to section 5 of the Limitations Act 1980.
The earliest point at which you could have sued for the full balance owed was in 2004 which is beyond six years ago. No payment has been made to this debt by me, or any third party acting as my agent for a period of more than six years, no written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years and this debt is therefore statute barred and any court claim to recover it will be defended on this basis, in addition to your clients failure to comply with a formal consumer credit act 1974 request for a copy of the original agreement.
Additionally I would make you aware that there is no mention of any debt to the 'Funding Corporation' on my credit file, which is clean.
If you have evidence that this debt isn’t statute barred, please send it to me within 21 days.
Otherwise, please confirm in writing that your client will not pursue me further for this debt.
That statement you got back from the Funding corporation, I know you said you've had various vehicle finances over the years - was there a VT or repossession back in summer 2003 ? that you recall ? - as that appears to be what the debt is. Shortfall following sale of vehicle.
I was just putting a stat barred letter together but thought if this really is a debt you don't know about, considering you weren't previously aware of the Funding Corp, we should put those assertions in too.
so ignore this below for the moment
Originally posted by Parsodl
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Something like
Dear Mortimer Clarke
Ref XXXXXXXXXXXXXXXXXXX
Further to our recent correspondence I have been able to check my records with regards the alleged debt which you are chasing on behalf of your client, Cabot Financial (UK) Ltd.
You should be aware that the debt, originally with "The Funding Corporation", is statute barred pursuant to section 5 of the Limitations Act 1980.
The earliest point at which you could have sued for the full balance owed was in 2004 which is beyond six years ago. No payment has been made to this debt by me, or any third party acting as my agent for a period of more than six years, no written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years and this debt is therefore statute barred and any court claim to recover it will be defended on this basis, in addition to your clients failure to comply with a formal consumer credit act 1974 request for a copy of the original agreement.
Additionally I would make you aware that there is no mention of any debt to the 'Funding Corporation' on my credit file, which is clean.
If you have evidence that this debt isn’t statute barred, please send it to me within 21 days.
Otherwise, please confirm in writing that your client will not pursue me further for this debt.
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