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  • Mortimer Clarke

    AAD user name - Sezzalenny

    Amount of Debt - 2143.44 (overdraft)

    Creditor - Cabot Financial UK LTD

    Legal - Mortimer Clark Solicitors

    Letter of claim details dated 23.10.18

    Form returned requesting further information 77-79 CCA

    No action taken as yet

  • #2
    Thanks for the post NW xx
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      The little devils are recruiting for more "litigation clerks" to pester people. So I hope your CCA proves it unenforceable.

      Is this a Court Claim or is it a letter from MC asking you to pay them?
      If so, take advice from the forum and ensure you respond before the deadlines. Start collecting your paperwork to defend the claim.
      Ensure they also follow the guidelines. Was there a letter informing you of their intention to make a claim?

      If it is MC on a fishing trip, then no action until you get the CCA and further information from them. If they are "trying to contact you" to offer you help in addressing the alleged debt, they will continue for a while, threatening to eat your babies, then stop, then start again.

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      • #4
        when was this taken out??? as early years was facilities letter not a CCA???
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          The overdraft is since July 95? I followed Diane's advice of what to send. She thought as the debt had been sold they may not know it was an overdraft - buys a little time anyway?

          MC suggesting court action will be taken on behalf of Cabot Financial UK Ltd

          Comment


          • #6
            Originally posted by sezzalenny View Post
            AAD user name - Sezzalenny

            Amount of Debt - 2143.44 (overdraft)

            Creditor - Cabot Financial UK LTD

            Legal - Mortimer Clark Solicitors

            Letter of claim details dated 23.10.18

            Form returned requesting further information 77-79 CCA

            No action taken as yet

            Have you heard anything else from Mortimer Clarke after their Letter of Claim?

            Since then there has been a successful Appeal in the county court which ruled that overdrafts are covered by s78 CCA as you'll see from Joanna Connolly's post here >


            Originally posted by Joanna Connolly View Post

            The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

            The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

            It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

            The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not appeove of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

            Di


            Legal Disclaimer

            I am a Litigation Executive at
            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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