Caesar UE Diary

[The Tech Clerk]

see what they send next meantime sit on your hands

[Caesar]

Letter from Mortimer Clarke Solicitors:

,,Please find attached the following documents: Statement of Account, Reconstituted Copy of Your Agreement, Terms and Conditions from Aqua.
Our client is not able to provide a copy of the original credit agreement.
Our client position: our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repayment proposals to address the outstanding balance. Our client will not ask you to pay more then you can afford, therefore we include an income and expenditure form for you to complete. Please provide your response within 14 days, if no response is received we are instructed to issue a County Court Claim against you.''

Can someone help me with a piece of advice?
Is this Reconstituted Copy of Your Agreement ok? Default Notice was served under Section 87(1) of the CCA 1977.

Hard to say if I can find some flaws here, and I am thinking to use one of the templates from here and offer them a small amount to pay monthly or 20-30% of the debt in one payment. Is this a good idea?

Another letter form Mortimer Clarke Solicitors: ,, We note that you have not responded to our previous letter enclosing an income and expenditure form for you to complete.
Our client is keen to find out more about your financial circumstances, so that we can agree an appropriate and affordable repayment with you. If the i&e form is not returned within 10 days, we will refer to our client for further instructions.''


Should I do something or silence is better? Any advice is more than welcome.

[Caesar]

...

[Caesar]

Thank you all for advice. I think the best option is to stay away and wait for their next move.

Btw, Cabot have just bought one of my accounts and if I look now desperate, they know how to with deal with me in future.

[The Tech Clerk]

trouble once you try and get F/F they know you are getting desperate and field against you for any higher amount, also some treat as an admission and go all the way ignoring offers, be warned. even if paid it is recorded as partial/or settled on file for 6 years etc and companies in the early years of showing tend to ignore settled as been problems with your repayments???

[nanna58]

Hi as nightsatch says probably your best option is to contact Di for a pointer in the right direction ,having read yout posts I too am unsure
good luck xx

[Warwick65]

If that is the way you want to go then yes start with a low offer.

I really am not in a position to say what you should do although at this point I would be surprised if they accept much below the full value although you never can tell.

In negotiations you never reveal your hand

[The Tech Clerk]

Warwick65 is helping you they will advise I am sure

[Caesar]

go to templates above and click on making offers etc

Thanks The Tech Clerk. Should I start with that one, Testing the water and see their reply?

[The Tech Clerk]

go to templates above and click on making offers etc

[Caesar]

Thanks again Warwick65

Can you or any one tell me which template I should use for making an offer? I don't want to acknowledge the debt in case they decide to go to court later.

[Warwick65]

I would not be asking them for the DN at this point, just gives them more time to get it together.


Not sure what your best route is and it is always difficult to know which way they will go. I have to say, I am surprised an actual default note was included in a SAR, most people report just getting a log entry saying it was sent.

If you want to try and get rid then a low full and final may be a good idea, if you want to brazen it out, we will help where we can

[Warwick65]

I would not be asking them for the DN at this point, just gives them more time to get it together.


Not sure what your best route is and it is always difficult to know which way they will go. I have to say, I am surprised an actual default note was included in a SAR, most people report just getting a log entry saying it was sent.

If you want to try and get rid then a low full and final may be a good idea, if you want to brazen it out, we will help where we can

[Caesar]

Thank you for help Warwick65

2) You say a S87(1) DN was served, how was it served, by post or by email? Did you ask Mortimer Clark for one and did they send you a copy, do you still have the original and was it compliant? Sorry lots of questions and comments rolled into one there

Mortimer Clark didn't send me Notice of Default when I asked for it. The only documents sent are: ,,Statement of Account, Reconstituted Copy of Your Agreement, Terms and Conditions from Aqua''.

I found the Notice of Default in documents that Aqua send when I requested new SAR. It was served by post. Is there a chance that Cabot and Mortimer Clark don't have it? Or just forgot to send it.

Should I ask for Notice of Default and wait for a bit for F&F settlement? Or maybe there is another way to go.

It really is up to you as to what path you take - I have just had the last of 50K's worth of debt go SB but it could have been so different

Good news. Congrats! This is so encouraging for people like me.

[Warwick65]

Hi Caeser

I received your message, many apologies, it seems I am not getting any notifications

To answer some questions and also ask a couple of my own

1) Yes a recon is perfectly acceptable form of agreement to send for any CCA request. For a 2016 account, it would also probably be ok in court.

2) You say a S87(1) DN was served, how was it served, by post or by email? Did you ask Mortimer Clark for one and did they send you a copy, do you still have the original and was it compliant? Sorry lots of questions and comments rolled into one there

3)I personally would not make an offer for a monthly repayment, this would drag it on and they could still go for a ccj at any time

4) IF you were going to offer a full and final I would never start as high as 20-30% . I would start at something nearer 10% and phrase it along the lines, although I deny any liability, your continued communication has caused me significant stress and I would therefore like to offer, without liability and in full and final blah blah blah £50

It really is up to you as to what path you take - I have just had the last of 50K's worth of debt go SB but it could have been so different