Mortimer Clarke Solicitors provided copy of CA - Credit Card Debt - Help Needed

[Johnnyboyrevel]

Have had Cabot & Mortimer solicitors chasing credit card debt of £8K that I defaulted in 2011. Back in January 2016 I sent a CA request to Capital one (Original Creditor for copy of CCA & a Pre Action Conduct letter to Mortimers asking for supply of documents within 40 days. This week 25th November I received a copy of original CA with signature, copy of default notice and list of transactions. They haved asked me to respond within 14 days. I am fearing that they will issue a county claim court. Any advice on how I should proceed. Thanks

Johnny

[charitynjw]

Re: Mortimer Clarke Solicitors provided copy of CA - Credit Card Debt - Help Needed

Have had Cabot & Mortimer solicitors chasing credit card debt of £8K that I defaulted in 2011. Back in January 2016 I sent a CA request to Capital one (Original Creditor for copy of CCA
?
Do you mean a SAR?
As Cap1 have sold the alleged debt, they do not have to respond to a CCA request
& a Pre Action Conduct letter to Mortimers asking for supply of documents within 40 days.
Has litigation been threatened? ("If you don't blah blah, we will....."as opposed to might, may etc.).
This week 25th November I received a copy of original CA with signature, copy of default notice and list of transactions.
From whom?
They haved asked me to respond within 14 days. I am fearing that they will issue a county claim court. Any advice on how I should proceed.
Again, respond to whom?
Thanks



Johnny

Could you post up a copy of the letter, or type it verbatim. (Remove personal identifiers, but indicate who sent it)

[Johnnyboyrevel]

Re: Mortimer Clarke Solicitors provided copy of CA - Credit Card Debt - Help Needed

I s

I sent this letter to Cabot back on 29 Jan 2016

To Cabot Financial (Marlin) Limited

Marlin House

16-22 Grafton Road

Worthing

West Sussex

BN11 1QP



Dear Sir or Madam



Account/Ref No




With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied,



I understand that under Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account on request.



I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.



I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the act.



I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.





I look forward to hearing from you.



Yours faithfully


- - - Updated - - -

And This letter to Mortimers on the same day 29th Jan 2016

Mortimer Clarke Solicitors

3rd Floor

16-22 Grafton Road

Worthing

West Sussex

BN11 1QP



26 January 2016



Dear Sirs



Re Your Client: Cabot Financial (UK) Ltd

Pre Action Conduct – Request for Information



With regard to your letter dated 18/01/2016, which stated legal action would be taken, I take this to be a Letter before Action under the named Pre Action Conduct Protocol and as such I am responding accordingly.



As you have indicated you are acting on behalf of Cabot Financial (UK) Ltd in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for information sufficient to understand the claim being threatened and as such in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.



As I have never entered to an legal agreement or contract with your client, for any monies or specifically for the alleged amount of £8425.86 and I neither accept nor acknowledge the assertion any debt has legally and absolutely assigned to your client, I therefore, request the following documentation under Pre Conduct Section 6(C) as proof of your Clients assertions of a legal obligation, to be provided to me within 40 days of the post marked date of this letter.

• Pursuant to s77-79 of the Consumer Credit Act (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms and Conditions and any and all subsequent changes in said Terms and Conditions.

• Statements of the account reffered to, including details of all payments made and calculation of how interest was charged against each item, leading to the alleged debt of

• Also as this is an alleged debt I believe default charges may have been applied to the account and as such may be unlawful under the unfair consumer contract terms regulations 1999, therefore I would request details of each and every default charge applied to the account (i.e. if the charge was for “administration” what administration was undertaken to support the default charge) along with details of any interest charged against default charge.

• In accordance with section 87.1 of the consumer credit act 1974(as amended) a copy of the default notice from the original owners of the alleged debt and certified copies of how it was served on me

• A copy of the legal/absolute assignment of the agreement, including a copy of the duly executed deed of assignment and or deed of tripartite Novation and

• In accordance with section 196 of the Law of Property act 1925, Certified copies of how I was served with the alleged legal assignment.

• A copy of the alleged notice of assignment sent by the original creditor to the defendant and again, in accordance with section 196 of the Law of Property act 1925, Certified Copies of how this was served on me.

Should proceeding commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to stay your clients claim until the request is complied with and request the court impose sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.



Also please be aware, each document listed is required to provide absolute and legal proof of your clients contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings commence against me.




As a part of my defence I will re-request production of each an every document under an appropriate Civil Proceedure rule, along with a request under CPR Part 39 a (3.3) for the original of every document upon which you intend to rely be brought to ant subsequent hearing for examination.



Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve under version(s) which are now in possession of a third party.



Yours Faithfully

[Johnnyboyrevel]

Re: Mortimer Clarke Solicitors provided copy of CA - Credit Card Debt - Help Needed

Cabot replied on 1st Feb 2016 saying they didnt hold details on file and would have to apply to the original creditor (Capital One) for copy, Then I also got a reply from Mortimer solicitors on 11 Feb 2016 that they acknowledged request request and they didnt hold documentation and they had asked there client cabot to provide them and would reply once they had and matter was on hold. Latest letter is from mortimers solicitors saying please find enclosed documents relating to debt and there client needs debt to be addressed and asking me to fill income and expenditure form and they wish for a reply in 14 days.

Cabot have said in previous letters that they would likely appoint a solicitor to issue a claim and make an application for CCJ. Ive had one in the past but credit record just getting better so dont want to go through whole process again. Have thought of offering a F&F settlement, but just want some thoughts/advice.

[charitynjw]

Re: Mortimer Clarke Solicitors provided copy of CA - Credit Card Debt - Help Needed

Back in January 2016 I sent a CA request to Capital one (Original Creditor for copy of CCA

Post #1

I sent this letter to Cabot back on 29 Jan 2016

Post #3

Who sent you the copy of the CCA agreement?
Were at least 2 copies of T&Cs sent to you? (The original, & a subsequent one which shows any variations to the original).
Were there any other agreements included in the original (ie PPI) & if so were T&Cs etc re these also sent to you?
Have you ever sent a SAR to Cap1?

[Johnnyboyrevel]

Re: Mortimer Clarke Solicitors provided copy of CA - Credit Card Debt - Help Needed

Mortimer SOLICITORS sent copy of the CCA. Only one copy of the CCA (the original with my signature on) was sent by Mortimers. There were no PPI agreement in the Original. The original credit agreement had T&C's

- - - Updated - - -

Not sent a SAR to Capital One

[charitynjw]

Re: Mortimer Clarke Solicitors provided copy of CA - Credit Card Debt - Help Needed

Mortimer SOLICITORS sent copy of the CCA. Only one copy of the CCA (the original with my signature on) was sent by Mortimers.
Ok, that seems to be in response to your PAP letter.
So Cabot themselves are still non-compliant vis-a-vis your January CCA request.
There were no PPI agreement in the Original.
Ok.
The original credit agreement had T&C's
To comply with a CCA request you should receive legible copies of the agreement (or an accurate reconstruction), the T&Cs at inception plus any variations that would affect your agreement, & a statement of the account.

- - - Updated - - -

Not sent a SAR to Capital One
It would be wise to do so.

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