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Mortimer Clark Solicitors/Cabot Finally Found my CCA - What to do next?

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  • Mortimer Clark Solicitors/Cabot Finally Found my CCA - What to do next?

    I'll try and keep this as short as possible as it's my first post and I need some advice regarding a letter from Mortimer Clark with my CCA attached.

    Basically I have a Halifax Credit Debt from 2008 when a default notice was served. After this point I didn't hear anything until 2012 when Cabot Financial bought the account. The amount outstanding was around 15,000. I agreed to pay Cabot 10 per month which is all I could afford at the time and carried on paying this until 2016 but I gave up making the payments after finding that it no longer showed up on my credit report. Didn't hear anything from them again until last year 2019 when they got in touch again and started threatening me with their own Solicitors firm and court action. This time I asked for my CCA to prove that I still owed this debt. They couldn't produce this and put the account on hold.

    Today it would appear that they have finally found something and produced a CCA signed by me way back in 1995 when I first took that card! It's a really bad photocopy but legible. They also sent copies of cards statements from 2003-2008 so there is a large amount of paper which is pretty much unnecessary.

    They believe that the agreement is still enforceable and want me to complete a income and expenditure form to set up a payment agreement now they have sent this through.

    To be honest I didn't expect them to come back with the info requested since it's taken them months and they are chasing a debt from 12 years ago when the default occurred.

    Should I just give in and set up a payment arrangement now they appear to have found these documents or is there anything else I can do? It's a bit worrying although they haven't suggested taking any legal action at the moment. The last thing I need now a CCJ as I have been trying to get on my feet since I was stupid enough to get into debt all those years ago.

    Thanks in advance
    Last edited by Tango1; 22nd July 2020, 07:27:AM.
    Tags: None

  • #2
    Quick question

    Did you make a statutory request under the Consumer Credit Act 1974 with the fee of 1.00? And if so, while you say its legible is it or are you saying you can read bits of it etc.
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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