Help needed: Mortimer Clarke and Capital One Card

[leanmax]

Hi All,

I am looking for some advice and I am unsure where to post this query and someone can advise me on how to proceed.

In 2015 Cabot Financial issued a claim for a Statue Barred Capital One Credit card, I defended the claim sent a CCA and they sent a response approximately 2 months later to say they have not got a CCA and I never heard from them again until now.

Just received a letter from Mortimer Clarke saying the debt is still owed and threatening court proceedings and also offering me a 50% discount despite the fact that they have not complied with the CCA. I have 30 days to respond to them. Do I just ignore or is there a letter I can send them to make them go away once and for all.

Any help would be greatly appreciated.

Thank you in advance

[Diana M]

Re: Help needed: Mortimer Clarke and Capital One Card

In 2015 Cabot Financial issued a claim for a Statue Barred Capital One Credit card, I defended the claim sent a CCA and they sent a response approximately 2 months later to say they have not got a CCA and I never heard from them again until now.

Just received a letter from Mortimer Clarke saying the debt is still owed and threatening court proceedings and also offering me a 50% discount despite the fact that they have not complied with the CCA. I have 30 days to respond to them. Do I just ignore or is there a letter I can send them to make them go away once and for all.

Would I be right in thinking the claim was stayed in 2015 from what you've posted (you appear to have filed a Defence)?

If so does this recent letter from Mortimer Clarke say why they think they have the right to lift the stay and continue with the proceedings ?

Have they now produced some documents?

You say with some certainty that the debt was Statute Barred before the claim was issued. If that was the case then the need to produce the credit agreement may have been superfluous to your Defence.

Sorry for all the questions but it's necessary to assess the threat level which you feel you are facing.

Di

[Guest]

Re: Help needed: Mortimer Clarke and Capital One Card

good evening leanmax I would never ignore them as they never really go away, and you don't want them winning by default ie you not defending yourself., in my experience you can stop this before it gets to court if you ask the right questions and not give too much away yourself , just one step at a time , they often cheat there way through a lot of stages,

do you know for sure if the debt is statue barred , what makes you think this, just wondering as that's another story altogether, im thinking they are not allowed to do this and the limitation legistlation can work for you ,,,,,,, please advise if im wrong anyone ??????

I have in the past had some success with these dreaded collectors and solicitors who work for them packing , so it is most certainly possible for YOU to do it.

50 per cent discount , why would they offer you that , they cant have much hope with there paper work right now , however they do magically find this out of thin air so be warned.

hopefully here you will get support and help and I believe somewhere on here there are template letters for you to start sending and getting your questions fired up ready to take them on
it is most certainly daunting when your new like me I only joined last month but I do have some experience in these circumstances all the best doggielover

[leanmax]

Re: Help needed: Mortimer Clarke and Capital One Card

Hi Di,

Thank you very much for your prompt response.

You are correct I acknowledged the claim online of my intention to defend in full in 2015, requested a CCA from Cabot and the CPR from Mortimer which was ignored. The case was stayed as Cabot did not file anything at the court in time and they also did not comply with the CCA as approximately 2 months later they said they have no CCA on file and that was the last I heard from them, until last week.

Mortimer Clarke actually sent two letters in one envelope, the first one said their client Capital One is keen to understand my circumstances and work with me to arrange a payment plan, they have asked me to contact them within 30 days to propose a payment plan,

The second letter headline is "Without prejudice save as to costs" and offering me a 50% discount to avoid the need for further court proceedings.

In answer to your questions:

If so does this recent letter from Mortimer Clarke say why they think they have the right to lift the stay and continue with the proceedings ? NOHave they now produced some documents? NOI have not acknowledged the debt since 2008 so I know the debt is Statute barred and is obviously not my on credit record.

Thank you in advance

[leanmax]

Re: Help needed: Mortimer Clarke and Capital One Card

good evening leanmax I would never ignore them as they never really go away, and you don't want them winning by default ie you not defending yourself., in my experience you can stop this before it gets to court if you ask the right questions and not give too much away yourself , just one step at a time , they often cheat there way through a lot of stages,

do you know for sure if the debt is statue barred , what makes you think this, just wondering as that's another story altogether, im thinking they are not allowed to do this and the limitation legistlation can work for you ,,,,,,, please advise if im wrong anyone ??????

I have in the past had some success with these dreaded collectors and solicitors who work for them packing , so it is most certainly possible for YOU to do it.

50 per cent discount , why would they offer you that , they cant have much hope with there paper work right now , however they do magically find this out of thin air so be warned.

hopefully here you will get support and help and I believe somewhere on here there are template letters for you to start sending and getting your questions fired up ready to take them on
it is most certainly daunting when your new like me I only joined last month but I do have some experience in these circumstances all the best doggielover

Hi Doggielover and thank you so much for your response.

I have not acknowledged the debt since 2008 so I know it is definitely statute barred and is also not showing on my credit record.

I agree with you that the fact that they are so keen to offer me a 50% discount implies that there hope of producing a CCA is slim as I know Cap One were notorious for not having agreements on file.

Cabot have not complied with the CCA since 2015 so the original case is still stayed. I have already started reading other members posts as I am determined to see them off once and for all.

Kind regards

[Guest]

Re: Help needed: Mortimer Clarke and Capital One Card

leanmax,,,, well that's good news for you , how long ago was this CCA was it pre 2007 , again just wondering as this is also another good point for your defence if it ever got that far,,, that limitation act is something you want to find out again more experience people here can help you I hope,,, I know it does come into play if you are sure on the above,,, happy days , I wish I was in your position all the best

[leanmax]

Re: Help needed: Mortimer Clarke and Capital One Card

Hi Doggielover,

Yes it was pre-2007 and I will definitely start researching the limitation act in the meantime.

Many thanks for all your help

[Diana M]

Re: Help needed: Mortimer Clarke and Capital One Card

If the claim was stayed then you must have already filed your Defence.

What did you plead in your Defence?

Did you plead both Statute Barred and non compliance with your CCA request, and/or any other legal arguments?

Di

[leanmax]

Re: Help needed: Mortimer Clarke and Capital One Card

Hi Di,

I believe the claim was stayed as Cabot do not file in time therefore I never actually had to file an actual defence. I simply acknowledged the claim on MCOL with my intention to defend in full, sent CCA and CPR request. However you are right I would have defended on the grounds of non-compliance to CCA and that it was statute barred.