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  • Mortimer Clark Solicitors/Cabot Finally Found my CCA - What to do next?

    Hi Everyone

    I'm new here and need a little advice. I wasn't really sure where to post this but I hope it can be moved to the correct place if this isn't it.

    Basically I am being pursed for a debt originally by Halifax credit cards. Here's a summary of what I can tell you so far:

    Halifax CC Debt - £15,500 - Defaulted in 2008
    Account transferred to Cabot Financial in 2012 and I made an offer of payment of £10 per month.
    Last payment made to Cabot in 2016 as I cancelled the arrangement when it dropped off my credit report. Didn't hear anything further.
    In 2019 Cabot caught up with me at my new address (ignored them). Mortimer Clark started sending threatening letters about Court action.
    I replied to Mortimer Clark and asked for my CCA to prove the debt. They put action on hold and went back to Cabot. Nothing heard for months but finally a large pile of paperwork from Mortimer Clark with my CCA from Halifax.

    I'm actually surprised they managed to find it but someone has been digging.

    They have sent my CCA dated 1995! (Poor photocopy but its there) I signed this back when I was 20 years old and I'm 45 now!
    They also sent Original Terms and Conditions, Current Terms and Conditions, Statements from creditor dating from 2003-2008 (big and uncesssary pile of papers).
    Letter dated 2012 notify my that the debt had been assigned and a statement of account on behalf of the Claimant.

    They see the debt as enforceable even though it was 12 years since the default. Probably because I was stupid enough to entertain Cabot until 2016.

    Do I give in now and arrange a payment plan and admit defeat after they found all those documents? At this stage they are not threatening court action, just basically "make a payment plan".

    Any advice would be appreciated.

    Thanks in advance
    Last edited by tango1; 22nd July 2020, 08:35.

  • #2
    Hello

    Just because Mortimer Clarke say the credit agreement is enforceable that doesn’t necessarily mean it’s true.

    And even if the documents they’ve sent are compliant that doesn’t necessarily mean they would have a winnable case if they issued legal proceedings. They would need to prove that they have complied with all their statutory duties.

    Is the debt owner Cabot Financial (UK) Ltd?

    And have you been sent a Letter of Claim by Mortimer Clarke at any stage?

    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. My Direct Line is 0151 254 6986 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

    Comment


    • #3
      Welcome to AAD. Don’t do anything until you have further guidance from AAD. Do not speak to them.

      Just because they have supplied an agreement it may not be legally enforceable! Send a copy of the agreement and terms without deleting any information to webmaster@all-about-debt.co.uk with a link to this thread. This is totally secure.
      Other things that will need to be looked at are the default notice, notice of assignment and whether the debt purchaser actually has a license.
      If you read around the site you will see how many people have found that their debt is unenforceable and how they have dealt with the DCAs (debt companies).
      If you have not acknowledged the debt since 2016 it will become statute barred after 6 years in 2022.
      Good luck and ask any questions as knowledge is power
      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


      • #4
        Di can type quicker than me!
        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
          Hi tango1,

          When a creditor/debt purchaser has been waiting for payment to an account since 2016, when you say you stopped paying, and is now advising the see the agreement as enforceable, it is usually telling when they don't threaten any further action.

          I see you say the document provided to you is a poor photocopy. It is worth remembering however, that the provision of a document alone is not enough to render an agreement enforceable. It has to be legible for one thing, which by the sounds of it the document you have been provided with isn't.

          Furthermore, in order to go ahead and enforce an agreement, the strict preconditions for enforcement have to have been met.

          Considering making payment is always the decision of the consumer, but seeking advice beforehand is always best in order to establish the facts, as opposed to just accepting what the creditor/its Solicitors are advising you on face value.

          On that note, I have my doubts given the age of the account, how long ago it was defaulted and the supposed poor quality of the documentation you have thus far been provided with.

          If you would like us to take a look at what you have been provided with, please feel free to email me using Colin@joannaconnollysolicitors.co.uk.

          And we'd be happy to assist if we can.

          Kind regards,
          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 colin@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

          Comment


          • #6
            Originally posted by cymruambyth View Post
            Di can type quicker than me!
            Only because I tend to leap into action whenever I see the words Cabot, Mortimer Clarke Solicitors and ‘court’ all in the same sentence

            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. My Direct Line is 0151 254 6986 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

            Comment


            • #7
              Originally posted by Diana Mayhew View Post
              Is the debt owner Cabot Financial (UK) Ltd?

              And have you been sent a Letter of Claim by Mortimer Clarke at any stage?

              Di
              Hi Di

              Thank you, I really appreciate the fast response! According to the copy of the letter sent by Halifax in 2012 the owner of the debt is Cabot Financial (UK).
              I don't recall seeing anything that looks like a Letter of Claim by Mortimer Clark, just some vague threats in 2019. They certainly didn't follow this up after I sent a CCA request to both themselves and Cabot.

              I'll get these documents scanned at work this morning so I can pop them into a PDF and take the kind offer of Colin and the webmaster to take a quick look.
              They are expecting a reply with and I&E form to fill in but I won't be doing anything at this stage now I've found this forum.

              Thanks for your support,

              Last edited by Diana Mayhew; 22nd July 2020, 09:30. Reason: Name removed to protect identity

              Comment


              • #8
                I’ve removed your name from your post to protect your identity.

                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. My Direct Line is 0151 254 6986 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

                Comment


                • #9
                  Originally posted by tango1 View Post

                  Hi Di

                  Thank you, I really appreciate the fast response! According to the copy of the letter sent by Halifax in 2012 the owner of the debt is Cabot Financial (UK).

                  Cabot Financial (UK) Ltd lack FCA authorisation so shouldn’t issue legal proceedings - but that may not stop them from trying.

                  See what Colin thinks of the credit agreement Mortimer Clarke have produced. Include their covering letter too as sometimes this can provide clues as to what they are thinking. No need to redact anything.

                  In the meantime I would send a SAR to Halifax to see what data and documents they hold - it may also help you to check the honesty and accuracy of documentation sent by Cabot and/or their solicitors.

                  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. My Direct Line is 0151 254 6986 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

                  Comment


                  • #10
                    Hi Di

                    Thank you, I have now scanned all documents thanks to the high speed copier at work(!) into a PDF and sent to Colin and the webmaster address. This includes the covering letter.

                    Is there a template I can use for an SAR? I've not done one of those before.. sorry if that's an obvious question.

                    I do have a current relationship with Halifax with the mortgage on my property, it's not likely to cause any issues contacting them is it?

                    Thank you

                    Comment


                    • #11
                      Hi tango1,

                      In short, the answer is no it won't affect any relationship with Halifax. Everyone is entitled to make a SAR/GDPR request and it is not a form of complaint. Regarding the issue Mortimer Clarke have contacted you about; the account, and therefore Halifax's right, duties, and general interest in the account will have been assigned to Mortimer Clarke's client.
                      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 colin@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

                      Comment


                      • #12
                        Thanks for all your help Colin! You've cheered me up a little

                        I shall do the SAR request once I find out what I need to do this. Do I send it generally to Halifax or a specific department that deals with the credit cards?
                        Will be interesting to see what comes back.

                        Comment


                        • #13
                          Originally posted by tango1 View Post
                          I shall do the SAR request once I find out what I need to do this. Do I send it generally to Halifax or a specific department that deals with the credit cards?

                          I'll ask someone to post a link to the SAR template letter on this forum.

                          My suggestion is you ask for everything because if you limit your request to only data for your old credit card you'll be drawing attention to it. Keep yourself under the radar for now.

                          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. My Direct Line is 0151 254 6986 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

                          Comment


                          • #14
                            I would suggest the fact they have included an I&E request indicates they are not confident in court action, but what do I know?

                            Comment


                            • #15
                              One I used recently:-

                              Dear Sirs,


                              Ref: {enter your account details}

                              In line with article 15 of the General Data Protection Regulation 2018 (GDPR) I hereby formally request that you provide me a copy of all information held about me on your systems, in paper format or other means.
                              To include any manual intervention and comments not obliterated.

                              This is a data subject request so please send me everything that you hold about me to my home address as detailed below:

                              {enter your address}

                              I look forward to receiving the requested information within the next 30 days, as per the GDPR.

                              Yours faithfully
                              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

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