Mortimer Clarke Solicitors / Cabot Financial

[In2Deep]

Hi all,

New member, first post, so please be gentle with your replies

I need sound advice on my next course of action.

I have an alleged debt of £2.5k approx relating to a credit card. As a lurker on these forums for some time, I know a little about this process, so I wrote to Mortimer Clarke Solicitors previously and said the alleged debt is statute barred.

To quote their reply:

"You have alleged that the claim is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued."
"The six year limitation period runs from the latest date on which:"
"1. A payment was made towards the debt, or"
"2. The agreement was terminated, or"
"3. You acknowledged the debt in writing"

"We are instructed that in this case the cause of action accrued when the agreement was terminated on 08/08/2009. Therefore the claim is not statute barred. If you disagree please explain why. Alternatively please find enclosed an income and expenditure form for you to complete and return".

That's it. I don't know if the 2009 date is correct or not. What are your suggestions as to my next move? I have never acknowledged this debt in any way, and in my previous letter to them I asked them for a signed copy of the credit agreement which I have not received. So should I go back and repeat this request, and how should I word it?

Any help will be greatly appreciated.

Thanks.

[thewalkinglark]

Re: Mortimer Clarke Solicitors / Cabot Financial

I have had the same thing with this solicitors saying exactly the same its a load of rubbish the agreement of termination is not an action made by you
it will be either the last time you made a payment or acknowledged in writing
they try every trick in the book of you search for my name you will see everything
I am still in the process of dealing with these and made a formal complaint to them and my case is on hold until they investigate it but this has been since September and also they will try and tempt you with an offer they offered me 40% off

[In2Deep]

Re: Mortimer Clarke Solicitors / Cabot Financial

Thanks, having a look at your posts now.

[nemesis45]

Re: Mortimer Clarke Solicitors / Cabot Financial

This is typical smoke and mirrors from MC & Cabot!!
Date:
Dear Mortimer Clarke,
Ref; Use theirs:

I refer to your letter dated ............. in which you ask for an explanation as to why the alleged debt statute barred.
1. As to your instructions from your client referring to the termination and the commencement of the Limitation relevant period I would expect a firm of "solicitors" especially one with a core business of debt collection to be aware that this in not the case where the alleged debt arises from a "simple" contract.
2. If your client is attempting to rely on the Appeal Court Judgement in BMW Finance - v - Hart you should remind them that the judgement was in connection with a " Hire Purchase " agreement.

3. The limitation relevant period in this case is clearly and inarguably started when an contractual payment was due and not made after which no further payment or Unequivocal Written Acknowledgment was made for 6 clear years.

4. I know suggest the Mortimer Clarke now closes the file on this Statute Barred debt and returns it to its client in order to save costs and court time.
use signed for post.
BTW welcome to LB IntooDeep!!
nem