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Letters from Mortimer about Cabot

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  • Letters from Mortimer about Cabot

    I have been sent a letter by Mortimer about a HSBC credit card debt going back decades, looks like 2002, from their papers. I got into trouble in the 90s after suffering depression and losing house, job etc. I had an IVA to try and sort it during the mid 2000’s this failed with another period of depression and breakdown. Over the years they have resold the debt several times and I did the 3 letter thing. Every time they just sold the debt on. A couple of years would pass then I get a letter from a different DCA, send letter 1 or 2 then they go away for a few years. Over the last 5 -7 years I have just binned the letters. I still have mental problems that cause me to get really anxious and I can’t deal with anything financial. It has cost me thousands of pounds over the years, from various places. I paid thousands in late fees etc on this one in the early days, probably more than I borrowed.
    Recently they started to threaten legal action and CCJ, etc. I responded with a letter I seen on another site, like the 3 letter thing, asking for Deed of assignment and they have sent me Notice of assignment. It has been my understanding, maybe wrong, that when I originally had the credit card, it was not in the agreements at that time to allow them to sell them on. That is why they have never been able to enforce it. I don't know why they don't have the Deed of assignment.

    I would be grateful if anybody can offer some guidance on this please.

    Thanks
    Tags: None

  • #2
    An IVA is a global settlement between a debtor and his unsecured creditors. If you were in an IVA, then the credit card debt should have been compromised as part of the IVA.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      well suggest you make a diary for events, only way we can see true picture?

      also No CCA well they are trying it on, "Iron Mountain fire" may be the reason they cannot produce as it does not exist, ?

      When was the last acknowledgement that there might be a debt made by you? as over 6 years then they are in the wind and no chance, seems many are trying to misinform people as time limits are long past> but until you can give as the info then it is hearsay?

      and prior CCAs to 2007 has to be a true copy of an original?

      echat11 may be able to pop in here?
      Last edited by MIKE770; 8th October 2022, 07:35:AM.

      Comment


      • #4
        Originally posted by atticus View Post
        An IVA is a global settlement between a debtor and his unsecured creditors. If you were in an IVA, then the credit card debt should have been compromised as part of the IVA.
        Thank you for your hepl. The IVA fell through after a bit around 2010 ish. I don't remember how. I apologise for being vague and flaky, as I struggle to concentrate on these things, I have dribs and drabs of information over the years, when they go away I kind of blank it in my mind and get anxiety attacks. I was paying £1 a month, but can't remember why, till 2018 ish. I think I did have a couple of CC and loan debts.

        Comment


        • #5
          Originally posted by MIKE770 View Post
          well suggest you make a diary for events, only way we can see true picture?

          also No CCA well they are trying it on, "Iron Mountain fire" may be the reason they cannot produce as it does not exist, ?

          When was the last acknowledgement that there might be a debt made by you? as over 6 years then they are in the wind and no chance, seems many are trying to misinform people as time limits are long past> but until you can give as the info then it is hearsay?

          and prior CCAs to 2007 has to be a true copy of an original?

          echat11 may be able to pop in here?
          Thanks friend, I will try and get a better time line

          Comment


          • #6
            Try also to get the facts about the IVA.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post
              Try also to get the facts about the IVA.
              Thank you for your help my friend. I have to apologise for my pathetic record keeping. I have tried to look through the scraps of documents I have. My life was in some turmoil during these years and I have only vague memories and disparate scraps of documents. I had several CC's and loans from different financial places,and at times did some consolidation to try and clear stuff, so a time line of whats debts I was dealing with and how, is lost in the mist. The IVA did not last for long as my relationship around that time broke up, and probably failed as my finances changed drastically. The bits of letters relating to this HSBC has been passed to Marlin, Cabot, Robinson Way, Westcot, Moorcroft, bpo, and Resolvecall, that I can see. Each time I have asked for a Deed of Assignment, they say they will get back to me, then silence for a year or so, then another one picks up the baton. I was paying £1 a month to something from 2014 to 2019, I am not sure for what, I think it had something to do with the IVA. Once again I apologise for my vagueness, I really struggle to deal with anything financial, I cannot concentrate for long without getting anxious and confused. I am not thick, I work as an engineer and can work on quite complex machinery, but I seem to have a complete blank when it comes to finances, my eyes literally roll back in my head and I have to stop thinking about it.
              Thanks again for your help.
              Attached Files

              Comment


              • #8
                Originally posted by Barnaby View Post

                Thank you for your help my friend. I have to apologise for my pathetic record keeping. I have tried to look through the scraps of documents I have. My life was in some turmoil during these years and I have only vague memories and disparate scraps of documents. I had several CC's and loans from different financial places,and at times did some consolidation to try and clear stuff, so a time line of whats debts I was dealing with and how, is lost in the mist. The IVA did not last for long as my relationship around that time broke up, and probably failed as my finances changed drastically. The bits of letters relating to this HSBC has been passed to Marlin, Cabot, Robinson Way, Westcot, Moorcroft, bpo, and Resolvecall, that I can see. Each time I have asked for a Deed of Assignment, they say they will get back to me, then silence for a year or so, then another one picks up the baton. I was paying £1 a month to something from 2014 to 2019, I am not sure for what, I think it had something to do with the IVA. Once again I apologise for my vagueness, I really struggle to deal with anything financial, I cannot concentrate for long without getting anxious and confused. I am not thick, I work as an engineer and can work on quite complex machinery, but I seem to have a complete blank when it comes to finances, my eyes literally roll back in my head and I have to stop thinking about it.
                Thanks again for your help.
                It seems the IVA was joint with my ex-partner, so it must have failed when we split up. It was set up with CCCS, I found a few emails referring to it, mainly in the setting up phase, around the end of 2010.

                Comment

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