Cabot/Mortimer Clarke HELP PLEASE

[simoo]

Hello everyone,

I need a little bit of help.

I have been making £30 monthly payments to Cabot for a NRAM loan taken out in 2005.
Up until recently I have been able to pay this but 4 months ago I lost my job.

Since then, I have been getting threatening letters from Cabot but Saturday, I had a letter from Mortimer Clarke solicitors (Scan attached).
My questions are:

1. if I continue with my £30 payment, would this just go away until it was paid off?
2. Is there a chance they would accept a £500 settlement as mentioned on page 2 of the scan?
3. Is it likely they will take me to court? I could really do with out that!

I haven't sent a CCA request yet, would that halt the 14 days timer I have until they find it?
I have also attached a credit entry for when the load was taken out (2005)

Any help wpould be greatly appreciated, I haven't slept all weekend!

Thanks.

Simoo

[nemesis45]

Re: Cabot/Mortimer Clarke HELP PLEASE

Hello everyone,

I need a little bit of help.

I have been making £30 monthly payments to Cabot for a NRAM loan taken out in 2005.
Up until recently I have been able to pay this but 4 months ago I lost my job.

Since then, I have been getting threatening letters from Cabot but Saturday, I had a letter from Mortimer Clarke solicitors (Scan attached).
My questions are:

1. if I continue with my £30 payment, would this just go away until it was paid off?
2. Is there a chance they would accept a £500 settlement as mentioned on page 2 of the scan?
3. Is it likely they will take me to court? I could really do with out that!

I haven't sent a CCA request yet, would that halt the 14 days timer I have until they find it?
I have also attached a credit entry for when the load was taken out (2005)

Any help wpould be greatly appreciated, I haven't slept all weekend!

Thanks.

Simoo

Good morning, welcome to LB.

Any offer of full and final payment will need to reasonable and affordable as would any offer of installments.

Is the balance on the CRA screen shot accurate?

I would complete the I & E statement just to see what you can reasonably afford before making any decisions.
BTW Mortimer Clarke and Marlin are both part of the Cabot group.

nem

[simoo]

Re: Cabot/Mortimer Clarke HELP PLEASE

Good morning Nem thanks for getting back to me.

No the amount now is for £3319.65.
Should I send the CCA request? or is it a little futile at this point?

Thanks,

Sim

[Diana M]

Re: Cabot/Mortimer Clarke HELP PLEASE

Should I send the CCA request?

Yes

Di

[nemesis45]

Re: Cabot/Mortimer Clarke HELP PLEASE

[QUOTE=simoo;713991]Good morning Nem thanks for getting back to me.

No the amount now is for £3319.65.
Should I send the CCA request? or is it a little futile at this point?

Hi simoo,

Have sent a CCA request previously? If not certainly do so now. Use the template from the green box at the top of the court claim forum, use a postal order for the £1.00 statutory fee, ,mark the PO " For Statutory Fee Only" Carboot have been known to use the fees as a payment to the account.

nem

[simoo]

Re: Cabot/Mortimer Clarke HELP PLEASE

Excellent, thanks for the help Di, Nem.
Will get that sent out today and update as things go along.

Thanks,

Sim,

[Diana M]

Re: Cabot/Mortimer Clarke HELP PLEASE

I haven't sent a CCA request yet, would that halt the 14 days timer I have until they find it?

Your CCA Request may not stop the solicitors from issuing legal proceedings but it will make the debt unenforceable in court until or unless they comply with your request.

You send the CCA Request to Cabot (because they're the owner of the debt) but also send a copy of it to Mortimer Clarke (the solicitors) because they need to know you've made the request since they are currently managing your debt.

It makes sense to cover all basis at this pre-litigation stage.

Di

[simoo]

Re: Cabot/Mortimer Clarke HELP PLEASE

Hi Di,

Ok, so the copy to Mortimer Clarke is exactly the same letter as the one to Cabot/Marlin just addressed to Mortimer Clarke? Do I also include the £1 PO to Mortimer Clarke?
Sorry for sounding thick!

Sim.

[nemesis45]

Re: Cabot/Mortimer Clarke HELP PLEASE

Hi Di,

Ok, so the copy to Mortimer Clarke is exactly the same letter as the one to Cabot/Marlin just addressed to Mortimer Clarke? Do I also include the £1 PO to Mortimer Clarke?
Sorry for sounding thick!

Sim.

No Fee for the copy Sim.

nem

[Diana M]

Re: Cabot/Mortimer Clarke HELP PLEASE

Hi Di,

Ok, so the copy to Mortimer Clarke is exactly the same letter as the one to Cabot/Marlin just addressed to Mortimer Clarke? Do I also include the £1 PO to Mortimer Clarke?
Sorry for sounding thick!.

You're not sounding thick at all!

The copy to Mortimer Clarke is sent with a one-liner covering letter which basically thanks them for their letter dated xyz date, followed by "please see attached s. 77-79 CCA Request sent to your client today". No need to send them a £1 postal order too, just a copy of the postal order which you sent to Cabot.

My view is every letter you send to a creditor and/or a solicitor has the potential to end up before a DJ. So your letter to Mortimer Clarke is a 'letter for the file'.

I can predict Cabot's response but we'll cross that bridge when you get to it.

When you've done that you should send a Subject Access Request to NRAM to get the full history of this 2005 loan which will be helpful if they do issue a claim.

Di

[simoo]

Re: Cabot/Mortimer Clarke HELP PLEASE

Great thanks Di,

Will get those sent out today.
Just so worried about this going to court! if the £30 a month would silence them I would just do that and tighten my belt a little!

Thanks

Sim,

[simoo]

Re: Cabot/Mortimer Clarke HELP PLEASE

Hello,

Is this filled in correctly?
I have attached the PO for CCA.

thanks,

Sim,

[nemesis45]

Re: Cabot/Mortimer Clarke HELP PLEASE

Hello,

Is this filled in correctly?
I have attached the PO for CCA.

thanks,

Sim,

Perfect Sim!

nem

[simoo]

Re: Cabot/Mortimer Clarke HELP PLEASE

Thanks Nem,

I'll update when I hear more. I'm sorely tempted to offer 20% settlement and see if they go for that, just want it all gone now!

Thanks,

Sim,

[nemesis45]

Re: Cabot/Mortimer Clarke HELP PLEASE

Thanks Nem,

I'll update when I hear more. I'm sorely tempted to offer 20% settlement and see if they go for that, just want it all gone now!

Thanks,

Sim,

Hello Sim,

If you decide to make an offer it needs to be carefully worded so come back here if you decide to go ahead.
nem