Cabot/Mortimer Clarke HELP PLEASE

[simoo]

Re: Cabot/Mortimer Clarke HELP PLEASE

Ok, Thanks Nem.

Should I start up my monthly £30 payments again? Just until its all dealt with?

Sim,

[Diana M]

Re: Cabot/Mortimer Clarke HELP PLEASE

Should I start up my monthly £30 payments again? Just until its all dealt with?

How was the £30 per month payment agreed in the first place?

If the object of the exercise is to stave off legal proceedings until you're certain the debt is unenforceable then consider whether you should bring things back in line with any agreement previously accepted by Cabot while you consider your options.

You also have to consider whether you can actually afford £30 per month (without hardship) and that you're not doing this because you feel bullied or threatened.

Are there any job prospects on the horizon?

Di

[simoo]

Re: Cabot/Mortimer Clarke HELP PLEASE

Hi Di,

The £30 was agreed over the phone about 2 years ago.
I have a new contract starting in around a month so should be able to pay it.
Staving off any legal proceedings would be my ultimate goal (for now) but not sure if its too late for that?

Thanks,

Sim,

[nemesis45]

Re: Cabot/Mortimer Clarke HELP PLEASE

Ok, Thanks Nem.

Should I start up my monthly £30 payments again? Just until its all dealt with?

Sim,

No Hold on now let's get it sorted as far as possible may be some more " bargaining" power.

nem

[Diana M]

Re: Cabot/Mortimer Clarke HELP PLEASE

Hi Di,

The £30 was agreed over the phone about 2 years ago.
I have a new contract starting in around a month so should be able to pay it.
Staving off any legal proceedings would be my ultimate goal (for now) but not sure if its too late for that?

If your goal is to stave off legal proceedings then I would say ceasing (or not recommencing) payments previously agreed may be the fastest way to get a court claim.

Did you inform Cabot when you lost your job or do they have no idea why your payments stopped hence the involvement of solicitors?

I would never advise anyone to stop paying a debt unless they were prepared to take the risk of a claim form arriving on their mat. Making that decision would be best once you know if you're likely to defeat any claim which comes your way.

Do you own your own home (with a mortgage) or do you rent?

Di

[simoo]

Re: Cabot/Mortimer Clarke HELP PLEASE

I own my own home, I didn't inform them foolishly.

Sim,

[Diana M]

Re: Cabot/Mortimer Clarke HELP PLEASE

I own my own home

I asked if you own your home in the event you lost any court claim made against you whereby the Claimant could place a Charging Order over it. Since October 2012 a Claimant has the automatic right to a CO if the CCJ is over £1k.

I'm not saying this to spook you, but before you make a decision not to pay a creditor you need to be in possession of the full facts and consequences of any action you take or don't take.

It would be irresponsible of me to say "Don't Pay" without first making you aware of the potential negatives as well as the positives.

Perhaps not making them aware of your temporary financial blip wasn't the best idea, and perhaps that breakdown of communication is the reason why they passed the file to Mortimer Clarke. But you can't put the clock back.

You need to decide whether you want Cabot/Mortimer Clarke to know that you have a new job in the pipeline so they see a light at the end of the financial tunnel and will perhaps continue with your agreement (£30 per month).

Whether you chose to continue to pay them once you know if they can comply with your CCA Request or not is a different matter.

The only thing which I think is certain is that if you stop paying altogether you may well get a claim.

Di