Mortimer clarke solicitors/ cabot financial/opus

[bigm]

I received a letter on 27/6/16 from the above solicitors dated 21/6/16 which had been redirected in error to my former partner/wife.
The original creditor is OPUS with an outstanding balance of £3456.53. As I have never had an account with the creditor I can only assume that my ex-partner took one out in my name.
MCS have stated that court proceedings will start if I do not respond to the letter.
I have read several similar cases on the forum but am unsure as to what should be my recourse, which letters to send & what to request from them.
Could you provide links to the relevant requests & letters.
Thanks Bigm

[Amethyst]

Re: Mortimer clarke solicitors/ cabot financial/opus

Opus is one of those creditors that has changed a lot, through BOs and Progressive FInance etc, and oft. gets stated incorrectly by the DCA's in claims, so I wouldn't jump to conclusions without obtaining more information.

Have you checked on your credit file - that might be useful to see what's on there of this amount. Do you have any idea how old the debt is ? When last paid/acknowledged ?

You should reply to the pre-action letter, once we know a little more, and it is a good time to send off a CCA request http://legalbeagles.info/forums/show...y-of-Agreement

[bigm]

Re: Mortimer clarke solicitors/ cabot financial/opus

Amethyst, Thanks for your prompt reply & advice.
I will send off the CCA request today.
Having read more on the forums should I be also sending CPR & PAP letters , Not completely sure what these are?

Thanks again big m.

[Amethyst]

Re: Mortimer clarke solicitors/ cabot financial/opus

PAP ? Pre-Action Protocol really then. Yes that's a reply to the letter you have received.

CCA letter wants to go off to Cabot Financial.

CPR (civil procedure rules) is really for after having received court proceedings. At the moment you want to find out more information.

Before you do the 'PAP' letter could you check your credit file see if this debt shows, what it shows as and when it shows the default date as being ( Noddle is a decent free credit file checker ) That reply to their letter wants to go to Mortimer clarke, so far it sounds like you'll be saying you don't know what the debt is, there's no record of it on your credit file so you assume it is either not your debt or is statute barred (hence checking your credit file) and if they believe otherwise to send you evidence of the debt so you can consider your position, also tell them you have sent a formal request for a copy of any agreement to their client. If in the meantime they proceed with court action you will defend the case.

http://legalbeagles.info/forums/show...any-solciitors

[bigm]

Re: Mortimer clarke solicitors/ cabot financial/opus

Amethyst, I pre-empted your reply & sent the CCA to Mortimer clarkes, Do I need to resend this to Cabot's ? Also I don't know what information the PAP letter should contain I looked at the templates folder but unable to find one.
Also looked for the first time ever at my credit file, looks like my Ex-partner was busy as I only recognise one debt which I thought had been paid.
Would it be possible to PM you the file (scanned) as I really don't know what to do about these.

Regards & thanks Bigm

[bigm]

Re: Mortimer clarke solicitors/ cabot financial/opus

Having sent the CCA request to Mortimer clarkes asking for the relevant information they replied saying the £1 postal order for the request had been used as payment against the debt & enclosed a form asking for my financial details, incoming/outgoing.
I have not returned this, Am I required to do so.
I sent a further request with cover letter & £1 PO for the details to be sent.
What can I do next.
Thanks & Regards bigm

[charitynjw]

Re: Mortimer clarke solicitors/ cabot financial/opus

Having sent the CCA request to Mortimer clarkes asking for the relevant information they replied saying the £1 postal order for the request had been used as payment against the debt
& MC put this in writing?
It may be wise to write to them, stating that the £1 was for the statutory fee required for the CCA request, not to be used for any other purpose.
& enclosed a form asking for my financial details, incoming/outgoing.
I have not returned this, Am I required to do so.
No.
I sent a further request with cover letter & £1 PO for the details to be sent.
Did you get proof of posting?
What can I do next.
Thanks & Regards bigm

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[bigm]

Re: Mortimer clarke solicitors/ cabot financial/opus

Thanks for your reply, Yes MC wrote & said that the PO was used for payment against the debt. As the request I sent from a template on the forum states that it is in payment for the CCA info, Do I need to reiterate that fact.
Proof of posting on both occasions the last request sent a couple of days ago is to be signed for.
Am I required to submit the financial details form ?. As I know nothing of this debt, possible my Ex may have taken this out in my name.
Thanks & regards bigm.