Caesar UE Diary

[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

[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

[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???

[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.

[Caesar]

...

[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.

[The Tech Clerk]

see what they send next meantime sit on your hands

[Warwick65]

Hi Caesar

Thanks for the message which I received. I have been thinking about your situation.

I think but don't know, if you were not at home for a period because, for example you were away with work , and a claim form landed on your doormat you would not be able to acknowledge of file a defence.

If they then went for a CCJ then either , as long as it was paid in full within 28 days it would not show( it would be as if it never existed). Alternatively, you might be able to apply for a set aside if a) You could prove you were not at home due to work or other commitments and b) you had a reasonable chance of defending. The problem with that is set asides cost money which could be used to make a full and final payment.

I don't like suggesting paying or making an offer but if that is right for you start low at say 5-10% , especially if you can do an income and expenditure which shows little disposable income. If that were the case maybe get a family member to say they could lend you the money to pay . As I say I am no expert so don't quote me

[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.

Feb. 2018 Sent CCA request to Cabot.
Feb.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.
Aug.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
Sept.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
Sept.2018 Letter of Claim from Mortimer Clarke
Sept.2018 Sent SAR to Aqua and CCA request to Cabot
Oct 2018 received letter from Mortimer Clarke Solicitor that they have requested copies of the original Agreement and other relevant documents. My account has been place on hold until these documents are obtained.
Oct 2018 received SAR from Aqua
April 2018 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.

Another letter from Mortimer Clarke Solicitors: ,,We need your attention - potential legal action. If we don't hear from you, Cabot we ask us to issue court proceedings..... We also enclose a Financial Statement, Information Sheet and Reply Form. We want to work with you avoid legal action.''

Is this a new Letter of Claim form, right? Should I reply the same as to previous one?

Warwick65 thanks for your advice. It been very helpful.

[Warwick65]

This does indeed sound like a letter of claim, does it actually say it is one?

By the way, who exactly is the owner of this debt ? The recent post by Joanna Connolly might be of some use

Is it Cabot Financial (UK) Ltd or someone else?

If it is a new Letter of Claim you could indeed send the same response

By the way in the SAR from Aqua was there any mention of a S87(1) DN

[Caesar]

This does indeed sound like a letter of claim, does it actually say it is one?

It is the same letter like the previous one and they insist they want to make payments to them because they don't want to go to court.

By the way, who exactly is the owner of this debt ? The recent post by Joanna Connolly might be of some use

Is it Cabot Financial (UK) Ltd or someone else?

Unfortunately I haven't seen the post. Where can find it? The owner of the debt is Cabot Financial (UK) Ltd. Is this important? Cabot Financial (UK) Ltd. instructed Cabot Europe to manage the account in their behalf.

If it is a new Letter of Claim you could indeed send the same response

By the way in the SAR from Aqua was there any mention of a S87(1) DN

I think it is a new Letter of Claim because it has the Reply Form where I can accept or deny the debt. They insist to fill in the I&E form to set up a payment plan.

[nightwatch]

Does it say you have 30days to reply to it?

link to Jos' pst is here, https://all-about-debt.co.uk/forum/f...-county-courts

[Caesar]

Thank you nightwatch . Where should I find out if one debt purchaser is FCA authorized? For example on my situation Cabot Financial (UK) Ltd. instructed Cabot Europe to manage the account in their behalf.

Yes, on the letter it says I have 30 days to reply or contact them.

[Warwick65]

You would use the fca register . I am on my phone at the mo but will try to find a link later. Cabot uk are not licensed so using jo’s Case you would argue they could not bring a claim

[Caesar]

You would use the fca register . I am on my phone at the mo but will try to find a link later. Cabot uk are not licensed so using jo’s Case you would argue they could not bring a claim

Thank you Warwick65

Should I say something like this when I reply to their last Letter of Claim?