Cabot/Mortimer Clarke court proceedings letter

[sentinal]

Hi All,

I have followed this site for some time now and it has stopped me reacting to DCA's threats of "hell and damnation if I don't sign my life away", until now. For some time I have been getting letters from dlc chasing an "alleged" debt. The other day they wrote again saying they are passing my case to Cabot who will instruct Mortimer Clarke Solicitors to start court proceedings against me if I do not make contact.

Two days later I received said letter:tinysmile_aha_t:. The letter included an expenditure sheet and a direct debit instruction! stating that if I did not make contact within 14 day, and an offer of settlement of the letter they would start court proceedings.

In my view the "alleged" debt is in dispute as I sent a CCA request in the early part of 2012. If I recall they responded they would get back to me, but it was quite a while before they sent a printed document with some tick boxes. They said they had complied with the request but I ignored the claim. I still feel the "alleged" account is in dispute.

This is where I would appreciate some help. Do I email and hard copy saying I intend to defend the claim? do I add that i have already submitted a CCA request? do i submit another CCA request? Any and all guidance would be appreciated. I will try to attach a desensitised copy of the letter.

Thank you all in advance.

[nemesis45]

Re: Cabot/Mortimer Clarke court proceedings letter

Hi All,

I have followed this site for some time now and it has stopped me reacting to DCA's threats of "hell and damnation if I don't sign my life away", until now. For some time I have been getting letters from dlc chasing an "alleged" debt. The other day they wrote again saying they are passing my case to Cabot who will instruct Mortimer Clarke Solicitors to start court proceedings against me if I do not make contact.

Two days later I received said letter:tinysmile_aha_t:. The letter included an expenditure sheet and a direct debit instruction! stating that if I did not make contact within 14 day, and an offer of settlement of the letter they would start court proceedings.

In my view the "alleged" debt is in dispute as I sent a CCA request in the early part of 2012. If I recall they responded they would get back to me, but it was quite a while before they sent a printed document with some tick boxes. They said they had complied with the request but I ignored the claim. I still feel the "alleged" account is in dispute.

This is where I would appreciate some help. Do I email and hard copy saying I intend to defend the claim? do I add that i have already submitted a CCA request? do i submit another CCA request? Any and all guidance would be appreciated. I will try to attach a desensitised copy of the letter.

Thank you all in advance.

Hi welcome to LB,

The Cabot group of companies and its tame solicitors just love complicated letters.

The previous CCA request is of no consequence at this stage, you need to send another
one now this time and because of the way that letter is constructed it goes to Mortimer Clark
use signed for post use the template from the forum library. Don't forget the £1 statutory fee
a postal order endorsed " For Statutory Fee Only". Check delivery date.

nem

[sentinal]

Re: Cabot/Mortimer Clarke court proceedings letter

Hi Nem,

I had a postal order and special delivery envelope at the ready. I had intended to reply to Mortimer Clarke stating will defend, do i still do this anyway? also at the risk of public humiliation, where on the PO do i write "For Statutory Fee Only"?

Regards Sentinal

[sentinal]

Re: Cabot/Mortimer Clarke court proceedings letter

Just a brief update. CCA request with £1 fee delivered and signed for, to Mortimer Clarke today. I will wait and see what their response is.
Can they send it back saying they are not the creditor?

[sentinal]

Re: Cabot/Mortimer Clarke court proceedings letter

Received a reply from MC regarding my CCA request, edited copy attached. They say they do not hold the documents but act on the clients instructions! The matter is on hold while "The Client" responds to their request for the documents.

Further guidance please. If they are Solicitors representing a client, can they demand money paid by direct debit to themselves for an alleged debt?

Thankyou in advance.

[nemesis45]

Re: Cabot/Mortimer Clarke court proceedings letter

Standard reply, but the CCA request should have been sent to Cabot.

The solicitors are the claimant legal representative and authorised by
their client to act for them in collecting payment.

Just wait for the CCA request to be complied with or not.

nem

[sentinal]

Re: Cabot/Mortimer Clarke court proceedings letter

Thanks for your response Nem. The CCA was sent to MC due to the way they had worded the original letter. As you say I will wait events, but I get the feeling they will still go for a claim. They seem to have sent out a mass of claims of late. I will update as and when.

[sentinal]

Re: Cabot/Mortimer Clarke court proceedings letter

Hi all,

I apologies for the long delay in any updates to this post. Reason being that MC responded with a standard letter stating they do not hold documents and act on instructions. I didn't hear anything else until last Monday when Mortimer Clarke sent a letter and some documents quoting Carey V HSBC and that the agreement is now enforceable. They say that if I disagree then I have to explain why. Yes I disagree but in no way will I help them.

I have attached the letter and the alleged agreement. Also in the envelope was a DN dated November 2011, a letter dated Nov 2011 saying at least 5 payments have been missed. A letter dated January 2012 saying the alleged agreement has been terminated. Also some printouts of statements from 2006-2012.

The original letter from 2015 from Mortimer Clarke stated Hillesden securities, but the recent letter states the creditor is now ME III. (Sold in dispute?)

The alleged agreement was Early 2006, the last payment to the alleged account was May 2011. The account was sold to Hillesden securities Dec 2011 and managed? by DLC.

I am nothing but an embarrassed layman and the knowledge i have gained in these matters are from the wonderful people on this site. I don't think it is enforceable and also it may be statute barred even though they state that it was in default in November 2011, yet last payment was May 2011.

I would appreciate help in this matter, they have given 14 days before they start court action.

Massive thanks in advance.

[charitynjw]

Re: Cabot/Mortimer Clarke court proceedings letter

Could you also post up the DN & any accompanying cover letter (if any)?

[sentinal]

Re: Cabot/Mortimer Clarke court proceedings letter

Hi,

Attached is the DN, this was in the envelope with the other documents. The only cover letter is from MC that I uploaded earlier.

Regards

[Diana M]

Re: Cabot/Mortimer Clarke court proceedings letter

Attached is the DN

That DN date is sensibly redacted but I can see the remedy date is 24th November 2011 so it's safe to assume it was issued prior to that date.

However on the bottom of the "DN" under the signature it says the letter is from MBNA Ltd.

MBNA Europe Bank Ltd didn't change its name to MBNA Ltd until 22nd October 2012.

Q.E.D.

Di (aka Hawkeye )

PS this is a possible flaw which can be remedied so DON'T TELL THEM!

[sentinal]

Re: Cabot/Mortimer Clarke court proceedings letter

Hi Diana, you assume correctly. There are are other things that I (who hasn't got a sharp eye) have picked up on but am worried about posting for ALL to see.

[sentinal]

Re: Cabot/Mortimer Clarke court proceedings letter

Hi all,

Could any one give some indication as to whether this would be classed as enforceable as i wish to respond to them before the 14 days? I feel it falls short of fulfilling a CCA request, as I don't feel it is a true copy including all terms and conditions. Also the "Legal Owner" is now different to the original CCA request, so I thought I would send a new CCA request to the current "Legal Owner"

Any help would be appreciated, I am struggling with how to go forward and feel it may be time to invest in Formal Advice?

Regrds

[charitynjw]

Re: Cabot/Mortimer Clarke court proceedings letter

For compliance with your CCA request you should have been supplied with a copy of the agreement together with the original T&Cs plus any subsequent variations. (This is normally a copy of the T&Cs which were relevant at the time the agreement was terminated.

I take it that they have not as yet issued a court claim?

[sentinal]

Re: Cabot/Mortimer Clarke court proceedings letter

Hi and thanks for responding,

As yet no they haven't. The letter with the alleged documents, terms, agreement etc, states that if I do not reply within 14 days they are instructed to start legal proceedings. This would be approx 4-5 days time. Having burnt plenty of midnight oil whilst researching etc, I am in the belief that they have not fully complied. They state that if I do not agree I should tell them why. They also quote FCA Handbook and rule 13.1.4 and Carey V HSBC.

I intend sending a letter stating they have failed to provide a TRUE copy and quote FCA Handbook 13.1.6. Also that their letter implies that legal action will be taken. I am including a letter requesting documents in accordance with Pre Action Protocol Practice Direction 1 6(c).