Letter before claim query

[Diana M]

Re: Letter before claim query

Can I ask.. Why would they (Mortimer Clarke /Cabot/Martin) wait so long before the lbc and possible court action? The default is over 6 years old.

Sometimes a lender waits until they can see an upturn in a debtor's financial situation before deciding to pounce. The view being that you can't get blood out of a stone so no point in issuing legal proceedings unless they're likely to get some money from you.

Has Cabot searched your CRA file recently? It will show in the "Searches" section on Noddle or any of the others.

If you have a mortgage they will assume you have a property with the potential for equity, if not now then sometime in the future, should they get a CCJ and go for a Charging Order.

If all your defaults have dropped off your credit file that will also give the impression that things have improved for you financially speaking especially if any live entries on the file show good payment performance.

Anyway this is all speculation since no claim has been issued yet.

Di

[Maelstrom70]

Re: Letter before claim query

Hi Nem
the debt was around 2008/9, last payment around early 2013, am sending CCA and SAR today.
Thanks

- - - Updated - - -

I will check Noddle. I have no mortgage and am currently living with parents, if they've been waiting for an upturn in my fortunes I'm not sure where they've seen that! Though currently as of January there are no defaults on my file, just one late payment.

Thanks again, working on sending SAR and CCA today

[Maelstrom70]

Re: Letter before claim query

Hi again

I have sent the CCA, recorded to Marlin, I didn't copy to Mortimer Clarke as they are at the exact same address as Marlin? Was that the right thing to do? I could print and send a copy no problem.

Is there a template for right type of SAR to use for one to Northern Rock?

Thanks so much.

[Diana M]

Re: Letter before claim query

I have sent the CCA, recorded to Marlin, I didn't copy to Mortimer Clarke as they are at the exact same address as Marlin? Was that the right thing to do? I could print and send a copy no problem.

You must send a copy to Mortimer Clarke because they have been instructed by Marlin/Cabot to issue legal proceedings against you 14 days from the date of their LBA which was sent on 22nd March, which according to my calculations is tomorrow!

They may both be in the same office building but they act independently.

You need to send Mortimer Clarke a copy of the CCA Request preferably with a photocopy of the postal order and the Royal Mail Recorded Delivery proof.

Di

[Maelstrom70]

Re: Letter before claim query

ok, both sets done the first went to Marlin - CCA letter and PO, luckily I kept copies of the PO and delivery proof as I am cautious by nature, the second set has just gone to Mortimer Clarke, it was CCA letter copy, PO copy and Proof of signature copy. I sent both sets to arrive and be signed for tomorrow. I am guessing the SAR is not date reliant so I will do that this evening and send tomorrow, I presume just a first class stamp will take care of that?
Thanks again, I keep saying it but I appreciate the help very much.

[nemesis45]

Re: Letter before claim query

ok, both sets done the first went to Marlin - CCA letter and PO, luckily I kept copies of the PO and delivery proof as I am cautious by nature, the second set has just gone to Mortimer Clarke, it was CCA letter copy, PO copy and Proof of signature copy. I sent both sets to arrive and be signed for tomorrow. I am guessing the SAR is not date reliant so I will do that this evening and send tomorrow, I presume just a first class stamp will take care of that?
Thanks again, I keep saying it but I appreciate the help very much.

The recipient of a SAR has 40 days from the date on which they receive it to comply with the request. Proof of Posting is available free.
nem

[Diana M]

Re: Letter before claim query

It was a standalone loan. No broker and no PPI involved.

Do you remember how you took out the loan such as online or in a branch?

Are you certain you opened the account in 2008/9 since Northern Rock may have stopped lending at that point following their collapse and subsequent nationalisation. Could it have been earlier than that?

Di

[Maelstrom70]

Re: Letter before claim query

It could have been just before. 2007 but definitely not before that due to where I was living. I can get my hands on the paperwork. It disappeared in one of several house moves. It was just before the Northern Rock crash though.

- - - Updated - - -

I will type up the SAR tonight and post tomorrow first thing.
Thanks

[Diana M]

Re: Letter before claim query

It could have been just before. 2007 but definitely not before that due to where I was living. I can get my hands on the paperwork. It disappeared in one of several house moves. It was just before the Northern Rock crash though.

It may help you if it was before April 2007

Di

[Maelstrom70]

Re: Letter before claim query

I am struggling to find the paperwork. It could have been before April 2007, it was somewhere quite close to that. Could I ask what is the significance of that date? I'm guessing it's because it has passed ten years? or was there some regulation relating to loans pre 2007?

I am using this SAR template, is this suitable? if so I will get it off today (once filled with the relevant details of course)



[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]

Dear Sir or Madam,

SUBJECT ACCESS REQUEST

Please supply all information I am entitled to under the Data Protection Act 1998 relating to:

• Loan number xxxxxxxxxxxxxxxxx

This includes:

• Full copies of all contract documentation which you believe exists or has existed between myself and your organisation, including true copies of any documents you hold in support of the same.
• A complete list of all transactions or statements relating to this Loan Account with your organisation.
• Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
• Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
• Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
• Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning of those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

If you need any more information from me, or a fee, please let me know as soon as possible.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

Yours faithfully
[Signature]

Thanks again

[charitynjw]

Re: Letter before claim query

or was there some regulation relating to loans pre 2007?

Regulated agreements taken out before April 2007 (6th, I think) are subject to the original (as enacted) Consumer Credit Act 1974.
s127.3 may bite.

(3)

The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

That section was repealed by the 2006 CCA.

[Maelstrom70]

Re: Letter before claim query

Thanks you for the reply, I'm afraid I don't understand the implication of "if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner)."

Is this something that wouldn't have been done properly by either Northern Rock or Marlin/Cabot, that would prevent the court action being successful?

Thanks again.

[Maelstrom70]

Re: Letter before claim query

It turns out to be a good thing that I sent the copy (along with copies of the Postal Order and the Proof of delivery) to Mortimer Clarke, so thank you for that. Looking at the tracking the Mortimer Clarke one was delivered & was signed for this morning. The other, direct to Marlin (at the same address incidentally) just says (on royal mail tracker) it has been redirected. I sent it to Marlin Capital Europe Ltd (MCE Ltd was the name of the claimant exactly as Mortimer Clarke had it on the LBC), at their registered office address. Not sure why it's been redirected but if it has, and no-one signs for it today will I be in breach of the 14 day response period? The cynic in me says it could be Marlin or Mortimer Clarke redirecting to delay the delivery to achieve that. Paranoia is a strange thing...

[Maelstrom70]

Re: Letter before claim query

Could someone tell me if this SAR is ok? I'd like to get it off today if possible, thanks all.

SUBJECT ACCESS REQUEST

Dear Sir or Madam,

Please supply all information I am entitled to under the Data Protection Act 1998 relating to:

• Loan number: XXXXXXXXXXXXXXXX

This includes:

• Full copies of all contract documentation which you believe exists or has existed between myself and your organisation, including true copies of any documents you hold in support of the same.
• A complete list of all transactions or statements relating to this Loan Account with your organisation.
• Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
• Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
• Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
• Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning of those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I enclose a Postal Order for £10 made payable to XXXXXXXX.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk.

Yours faithfully,

[nemesis45]

Re: Letter before claim query

Could someone tell me if this SAR is ok? I'd like to get it off today if possible, thanks all.

SUBJECT ACCESS REQUEST

Dear Sir or Madam,

Please supply all information I am entitled to under the Data Protection Act 1998 relating to:

• Loan number: XXXXXXXXXXXXXXXX

This including but not limited to.

• Full copies of all contract documentation which you believe exists or has existed between myself and your organisation, including true copies of any documents you hold in support of the same.
• A complete list of all transactions or statements relating to this Loan Account with your organisation.
• Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
• Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
• Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
• Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning of those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I enclose a Postal Order for £10 made payable to XXXXXXXX.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk.

Yours faithfully,

Just added to the " this includes"

Address to the Data Controller.

All Good!!

nem