Letter received from Mortimer Clarke Solicitors

[chalet45]

My husband received a letter from Mortimer Clarke solicitors regarding an alleged debt with Cabot Financial. This is in relation to an alleged debt with RBS for a Mastercard Platinum credit card. The letter says Legal action will be taken
You need to contact us to avoid a court claim being issued against you. The claim could lead to a Sheriff Court Decree (SCD) etc etc
The original credit card was taken out in around 2010. Obviously it’s now with a debt collection company who presumably bought the debt for a percentage of the original debt. The original default with RBS may have been around 2011. We live in Scotland. What should we do? Ask for a copy of the original CCA? Anything else?

[echat11]

Hi CHALET45

Welcome to LB

The debt maybe Statute Barred.
When was the last payment made on the account?
Has the debt been acknowledged in writing in the last 5 years?

[chalet45]

Unfortunately my husband was paying £1or £5 a month until last year so it’s not statute barred

[echat11]

Unfortunately my husband was paying £1or £5 a month until last year so it’s not statute barred

What should we do?

Send a CCA request to Cabot Financial make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

Send a SAR request to RBS make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Update when you get a response.

[chalet45]

Ok will do

what is the purpose of the SAR to RBS? I had thought that we wouldn’t want them to find the original agreement etc that they could give to Cabot?

[chalet45]

Also should we respond at all to Mortimer and Clarke solicitors letter?

[echat11]

Ok will do

what is the purpose of the SAR to RBS? I had thought that we wouldn’t want them to find the original agreement etc that they could give to Cabot?

They've either got it or they haven't. It's better to find out what they have now, then later. All about making an informed decision.

[echat11]

Also should we respond at all to Mortimer and Clarke solicitors letter?

Send Mortimer and Clarke solicitors a copy of your CCA request to Cabot, that way you have responded to their letter.

You should get a letter back stating that your account is on 'hold' while they 'do this and that'.

[chalet45]

My husband had received a letter from Mortimer today advising that they haven’t got this information so they have asked Cabot for this information but have advised that Cabot may need to contact the original creditor to ask for the information. His account is on hold meantime.
My husband has advised that he has received information from RBS but isn’t sure if they’ve sent everything that would be required to make this debt enforceable. What information needs to be there for it to be enforceable? Does the original creditor need to have signed one of the forms? If they do have everything required will they definitely give all of these documents to Cabot?

[echat11]

They need to provide a copy of the Credit Agreement with Terms and Conditions (if the agreement has been 'varied' a copy of the variation), a Default Notice, a Letter of Assignment and Statement of Account.

[chalet45]

Ok thanks and does any of the paperwork need to be signed by the creditor?

[echat11]

Ok thanks and does any of the paperwork need to be signed by the creditor?

How was the account taken out?

[chalet45]

Online I believe

[echat11]

Online I believe

It's highly unlikely to have a signature.