Mortimer Clarke Solicitors Pre Claim Letter

[kw6123]

Hi, I have today received a letter from Mortimer Clarke Solicitors dated 19th May. It states their client is Cabot Financial and the original creditor is Lloyds Banking Group with an outstanding balance of £2070.34. The letter states that they have been instructed to file for a CCJ if I do not respond within 14 days of the letter. The only thing I can remember taking out with Lloyds was a student credit card in 2007 or 2008 when I was at uni but I have no idea when I last made a payment or contacted them. If I contact Mortimer Clarke to find out and there is only say a couple of weeks before the debt become statute barred (sorry if that's spelt wrong) would I have just started the 6 years off again so that they can now claim? Also I am not sure of whether I ever signed any paperwork for this or applied online (I think the latter) so if I write to Mortimer Clarke asking for a copy of the CCA does this count as me responding within the 14 days and prevent them from claiming for now or can they go ahead and file for a CCJ if payments are not agreed in that time? If the debt is still owed then I will be asking for a monthly payment plan with them as I can't afford the debt but desperately want to avoid getting a CCJ. I would only be able to afford around £25 a month as I am a single mum to a 2 year old working part time and paying for child care, renting privately and receiving a small amount of child tax credits and housing benefit. My ex husband left recently leaving me behind a whole list of other debts and credit cards to pay off including £400 I just had to pay out to prevent another CCJ. I have no real knowledge of how all these processes work but a CCJ will stop me from renting a home.Thanks

[charitynjw]

Re: Mortimer Clarke Solicitors Pre Claim Letter

Hi kw6123

Firstly, Cabot/MC cannot file for a CCJ. They have to initiate a court claim, then they have to prove they're legally entitled to the alleged debt. Unless & until they can satisfy a judge that they do have that right, there will not be a CCJ.

You can make that task difficult for them!

That letter from MC does seem to be a letter before action/claim. Does it say 'will' go to court, or is it 'may/might'?

[kw6123]

Re: Mortimer Clarke Solicitors Pre Claim Letter

The letter says 'we ask you to pay the sum of £2070.34 to this office within 14 days of the date of this letter, failing which, we have been instructed by our client to issue a claim against you in the County Court'

[dizzy83]

Re: Mortimer Clarke Solicitors Pre Claim Letter

Sorry first time posting not sure if I should start a new thread or not? I have the same letter dated the same date must have gone out as a batch but with a higher amount, i was just wondering if asking for proof of the credit agreement would count as admission of the credit? Sorry again if I should have started a new thread it just the exact same letter

[warwick65]

Re: Mortimer Clarke Solicitors Pre Claim Letter

Hi to both
Dizzy it is best if you start your own thread but this answer applies to both

First you need to send a CCA request to the creditor ( I am assuming cabot) You will need to send a £1 postal order with the request and send it by Royal mail signed for ( costs about £1.70)
CCA Request

Keep a copy and keep the post office receipt so you can track it

Second send this letter to the solicitors , you may wish to add somewhere I do not acknowledge any debt to either you or your client but as the letter doesn't actually acknowledge liability you should be ok

Dear Sirs
Ref: xxxxxx
Thank you for your letter dated xx/xx/xx. 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 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:
1. The original agreement
2. The Default Notice
3. The Deed of assignment
4. The Notice of assignment
5. 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.
In addition a S77-79 request was sent on xx/xx/xx and I am waiting a response (copy enclosed for your information)
I shall being 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 faithfully,

The bits in red need adjusting to your own situation

[warwick65]

Re: Mortimer Clarke Solicitors Pre Claim Letter

[MENTION=72807]kw6123[/MENTION]

If the debts you ex has left you with are not in your name (or joint names) you should not be paying them - you are not responsible . Maybe a visit to CAB or a chat with National Debt line https://www.nationaldebtline.org/

[kw6123]

Re: Mortimer Clarke Solicitors Pre Claim Letter

Thank you very much Warwick65. That's very useful. I will send the letters tomorrow. Unfortunately the debts are in my sole name. With the ability to apply for accounts and sign agreements electronically my ex partner opened several catalogue accounts in my name as he knew all my personal informatiom and then maxed them all out, many of them without me even knowing he had opened them. This debt to Lloyds is the only one likely to be mine. Many Thanks