Caesar UE Diary

[The Tech Clerk]

which eay are you going to handle this one?

[Caesar]

please pay starting of letters?

Hi The Tech Clerk . I have no idea what you mean with this.


,,which way are you going to handle this one?'' - I really don't know what to do, I was hoping for some directions.

[The Tech Clerk]

well as stated they will inroduce themselves and as k for payment etc? so if enforceable then as it may seem but might be other areas they may have a problem. which way you want to go means, fight it or try to come to an agreement?

Diana Mayhew

[Caesar]

The Tech Clerk Sorry for being stupid, I am still a novice.

First of all I want to fight with them. I will try to come to an agreement only if I know they will win. Or second option is not quite valid if we start the fight, isn't it?

[The Tech Clerk]

have asked Diana Mayhew to pop in here she can advise in-depth O.K.?

[cymruambyth]

Hi Caesar, Mortimer Clark are the solicitors used by Cabot who will try to get you to pay and then take a strategic decision as to whether it is worth taking you to court. Do not ignore their letters, come on here for advice before replying. Always wait until the last minute before replying- unless it is a legal document. Although the agreement may be enforceable due to the date that it was taken out, there are many other slip ups which mean that a debt cannot be legally enforced. Make sure that you have as much of the paperwork as possible in chronological order.

[Caesar]

Thank you The Tech Clerk and cymruambyth .

Is it worth it to request SAR from the original creditor Aqua Credit Card? Or just wait until Mortimer Clarke will contact me?

[Warwick65]

At the moment I would not do anything

[cymruambyth]

I agree with Warwick to wait for them. Never be proactive, always wait for them to make the first move!

[Caesar]

Thank you Warwick65 and cymruambyth for help and support.

I've just received it the letter from Mortimer Clarke: ,,we need your attention - potential legal action''

,,we want to work with you to avoid legal action. if you do not contact us within 30 day from the date of this letter, Cabot may ask us to issue court proceedings and then we will ask the court to order a ccj against you..... We also enclose a Financial Statement, Information Sheet and Reply Form.

Cabot is flexible about repayment and would accept a reasonable offer of payment, based on what you can afford to pay''

After that I have the following pages:
- Letter of Claim detail: parties of agreement: you and SAV Credit Re Aqua
- How can you pay
-Reply form
- Instructions where to pay
Letter from Cabot with reference , original account number and original creditor (New Day)

What should I do now?

[Still Waving]

Let's be clear about this - you mention Letter of Claim detail and Reply Form. Is there also an Information Sheet? Is this the Form which asks you (Section 1) to indicate whether you admit the debt/some of the debt/don't know/dispute the debt?

[Warwick65]

Assuming this is a letter of claim, can you copy in from an earlier post exactly which debt this is, what you have sent and what you have received back.

If for example you sent a CCA request it would help if you said who it was sent to and how they replied.

Also is which bit of cabot is this

[Warwick65]

Assuming this is a letter of claim, can you copy in from an earlier post exactly which debt this is, what you have sent and what you have received back.

If for example you sent a CCA request it would help if you said who it was sent to and how they replied.

Also is which bit of cabot is this

[Caesar]

6. Aqua

• Type of account (credit card)
• Date commenced ( Apr 2016)
• Approx balance £500
• Date last paid (July 2016)
• Not paying
• Status (default)
• Account owner (Cabot)

Aqua sold my account to Cabot in 2017. They sent me a lot of letters and phone calls. Answered once and told them I am disputing the account with Aqua and no other contact with them. Last letter they sent me an I&E form in order to start a payment plan with them.

02.02.2018 Sent CCA request to Cabot.
15.02.2018 Received reply form Cabot. They don't have this information on file. They won't be able to provide the information requested in 12 days but they hope to do this in 40 days.
10.08.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
07.10.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
12.10.2018 Letter of Claim from Mortimer Clarke

.
Still Waving there is no information sheet. It is the Form which asks you (Section 1) to indicate whether you admit the debt/some of the debt/don't know/dispute the debt. It's strange because they started with we want to work with you to avoid legal action and they ended with Letter of Claim details and Reply Form and if I don't fill in in 30 days they are instructed to issue court proceedings against me.

Warwick65 CCA was sent to Cabot and they came back after 4-5 month with a Reconstituted agreement and the contract. Nothing more than that.

I have no idea how to deal with Mortimer Clarke. Do you think they will go to court if I don't make an arrangement with them? Or just want to scare me?

[Warwick65]

Hi
Have you sent a SAR /GDPR request to Aqua. If not do that tomorrow. Ask them to include all statements, DN, NOA, agreement etc. It may be the interest rate on your first statement is different to the 'agreement'

Then in a couple of weeks I would fillout the form denying the debt and asking MC for
The agreement
The Default notice
The Notice of assignment
The Deed of assignment

I would also send a fresh cca request to Cabot and copy MC in

But for these wait for 2 or 3 weeks.

That is what I would do