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Hi long time reader 1st time poster here.
I've just received a letter from mortimer clarke on behalf of Cabot over an alleged blackhorse hp agreement.
After checking experian and noddle there is no record of it at all so does this mean it's statute barred as I'm sure I've had no dealings with blackhorse for at least 6 years?
I don't want them to get a ccj by default and was going to send off a cca request to Cabot and this to mc. That I found on this forum.
"Thank you for your letter datedxx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.*
Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.*
Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.
I require copies of the following:
The original credit agreement;The Default Notice;The Termination Notice;The Notice of Assignment;Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77-79 on*xx/xxxx/2014*and I am awaiting a response.*
I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours sincerely"
Is this a good idea to start with?
Thanks in advance and keep up the good work!
I've just received a letter from mortimer clarke on behalf of Cabot over an alleged blackhorse hp agreement.
After checking experian and noddle there is no record of it at all so does this mean it's statute barred as I'm sure I've had no dealings with blackhorse for at least 6 years?
I don't want them to get a ccj by default and was going to send off a cca request to Cabot and this to mc. That I found on this forum.
"Thank you for your letter datedxx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.*
Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.*
Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.
I require copies of the following:
The original credit agreement;The Default Notice;The Termination Notice;The Notice of Assignment;Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77-79 on*xx/xxxx/2014*and I am awaiting a response.*
I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours sincerely"
Is this a good idea to start with?
Thanks in advance and keep up the good work!
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