Mortimer Clarke

[sezzalenny]

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

[nightwatch]

Thanks for the post NW xx

[julian]

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.

[The Tech Clerk]

when was this taken out??? as early years was facilities letter not a CCA???

[sezzalenny]

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

[Joanna Connolly Solicitors]

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 >

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