Morgans/cabot Solicitors

[creditissues]

Hello,

This is my first post so hope it all makes sense!

I have recently received a couple of letters from Morgans Solicitors for a debt i owe to Barclays(credit card debts approx £23,000 outstanding over three accounts with Morgans), i have been in a DMP with Stepchange for three years and have been paying them what i can afford, the letter was saying they have forensically been checking my finances through public records and have discovered i owe more than one property, (worded as if i had lied to them) the extra property i own is a property i rent out, it does not have much in equity and Stepchange are aware of this and it is listed in my budget, Stepchange say it is not worth selling as the equity in it would not clear debts, so they agree the fact it is bringing in extra income is a good thing as this will clear the debt sooner. Morgans feel it would be a good idea for me to go Bankrupt.

I wrote back to Morgans explaining yes i do own the extra property, and that i was not hiding this fact as it shows on my budget with Stepchange, i pointed out i did not want to go Bankrupt to escape my debts, as at the end of the day i owe that money and would like to pay it off, admittedly it will take several years.

They have since wrote back asking me to provide address information for this additional mortgage ( as it is a old mortgage it does not show on public records) i think they are trying to issue a CCJ and then a Charging Order, apart from the obvious of paying off the debt in full, of which i cannot afford to do, is there anything i can do to stop them going down this route? is it worth putting in a CCA request before i respond back to there letter?

As i have said, i am not trying to get out of paying what i owe, i understand i owe, but dont if possible want a CCJ or Charging Order.

I look forward to any suggestions.

[FlamingParrot]

Re: Morgans/cabot Solicitors

I have recently received a couple of letters from Morgans Solicitors for a debt i owe to Barclays(credit card debts approx £23,000 outstanding over three accounts with Morgans), i have been in a DMP with Stepchange for three years and have been paying them what i can afford, the letter was saying they have forensically been checking my finances through public records and have discovered i owe more than one property, (worded as if i had lied to them) the extra property i own is a property i rent out, it does not have much in equity and Stepchange are aware of this and it is listed in my budget, Stepchange say it is not worth selling as the equity in it would not clear debts, so they agree the fact it is bringing in extra income is a good thing as this will clear the debt sooner. Morgans feel it would be a good idea for me to go Bankrupt.

Apologies for the late reply.

Regardless of how much equity there may be, selling a property to clear unsecured debts is hardly ever a good idea. :nono: As for Morgans, they may feel it's a good idea for you to go bankrupt, but they haven't got your best interests at heart, have they?

I wrote back to Morgans explaining yes i do own the extra property, and that i was not hiding this fact as it shows on my budget with Stepchange, i pointed out i did not want to go Bankrupt to escape my debts, as at the end of the day i owe that money and would like to pay it off, admittedly it will take several years.

You shouldn't have to explain to them about owning property, credit cards are unsecured debts, besides you are paying them through your DMP.

They have since wrote back asking me to provide address information for this additional mortgage ( as it is a old mortgage it does not show on public records)

The can write back asking for whatever they want, that doesn't mean you have to provide that information. :scared: :scared: :scared: Only a court has the right to make you disclose information like that.:juge:

[FlamingParrot]

Re: Morgans/cabot Solicitors

i think they are trying to issue a CCJ and then a Charging Order, apart from the obvious of paying off the debt in full, of which i cannot afford to do, is there anything i can do to stop them going down this route? is it worth putting in a CCA request before i respond back to there letter?

It certainly is worth it, in particular if the credit cards were taken out before April 2007. :grin: Barclays are notoriously bad at retrieving documents. :thumb: :grin: :grin:

As i have said, i am not trying to get out of paying what i owe, i understand i owe, but dont if possible want a CCJ or Charging Order.

I look forward to any suggestions.

For now, do send the CCA requests, one for each account with the £1 fee. Sign digitally using a computer font rather than your real signature.

Would be good if you could post up the letter you have received from Morgans (remove all personal details) to see if it's a letter before action which would require a suitable response or just a generic threat-o-gram. :typing:

[creditissues]

Re: Morgans/cabot Solicitors

Thank you Flaming Parrot for your advice, i have followed it to the letter and am sending this off to Morgans recorded tomorrow, i will keep you posted, thank you once again in this need of hour.

[creditissues]

Re: Morgans/cabot Solicitors

Update on letter received yesterday.

This time the letter was from Cabot (no mention of Morgan Solicitors), thanking me for my request for my CCA, it appeared to be a standard letter, explaining that Cabot do not have this information on file and that they have requested this information from the original lenders, and that they anticipate they will be able to provide this information within forty days, if they cannot reply within this time frame they will write again.

Apart from Egg which was applied for online, the other two are with Barclays dating back approx 1992, i thought when i made my request for CCA they had to reply within twelve working days, not forty?

[Kafka]

Re: Morgans/cabot Solicitors

40 days is for SAR not CCA request. If the accounts go back 20 years then its likely they won't be able to produce the credit agreements anyway, which will affect their ability to take legal action. I would be inclined to give them no further information.

It might also be worth sending SAR to both Barclays and Egg to see exactly what they hold on you. If the accounts went into default then there is probably a lot of charges added on that don't form part of any real debt..

[creditissues]

Re: Morgans/cabot Solicitors

After writing back to them explaining it should be 12 days and not 40, they have said that they are still waiting for this information to come from my creditors and when it does they will then forward it on to me, but in the meantime they will not take me to Court to get a CCJ as they cannot do this due to the delay with the CCA, but they have reminded me that i must continue paying my repayments to them, this is all i ever intended doing in the first place, i never wanted to get out of paying the debt, but they were asking many questions, with which i think the aim was to take me to Court and get either a CCJ or a Charging Order or possibly both.
I would like to say a VERY big Thank you to both Flaming Parrot and Kafka for your much appreciated help in this matter, Thank You very much.

[Kafka]

Re: Morgans/cabot Solicitors

Did you send the SAR requests?

[creditissues]

Re: Morgans/cabot Solicitors

No i never sent a SAR request, all i asked for was a CCA request.
I have just re-read your earlier post about asking for a SAR in relation to any charges, i forgot to do this as i was just worried about their earlier letters about possible future litigation, now that has passed i will make a SAR, do i make it through the current DCA or direct to Barclays themselves please?

[FlamingParrot]

Re: Morgans/cabot Solicitors

No i never sent a SAR request, all i asked for was a CCA request.
I have just re-read your earlier post about asking for a SAR in relation to any charges, i forgot to do this as i was just worried about their earlier letters about possible future litigation, now that has passed i will make a SAR, do i make it through the current DCA or direct to Barclays themselves please?

SARs should go to the original lender rather than the DCA, the DCA wouldn't have any of your statements and other historical data you're looking for.

The SAR will set you back £10 and they have 40 days to respond. Send it recorded delivery so you can track it.

Non-compliance with a SAR does not affect the enforceability of the account, unlike the CCA request, but it should provide you with useful info.

Bear in mind most banks will only send data for the past 6 years.