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  • Do nothing. They will wait a few weeks and ask again.

    Comment


    • Originally posted by SarahSarah View Post
      • Halifax
      • Credit card
      • Approx 2002
      • £1,100
      • Last full payment approx Oct 2007. Last DMP payment Jun 18.
      • Arrangement via a DMC 2007-2018
      • Defaulted. Now dropped off credit file.
      • Cabot Financial (Europe) Ltd
      Mar 08: Default notice from Halifax.
      Apr 08: Account passed to Blair, Olivier & Scott Ltd Debt Collectors
      Sept 12: Halifax write to advise that "Halifax has assigned all of it's respective rights, title and interest... to Cabot Financial (UK) Ltd. " Later in the letter is states "Cabot Financial (Europe) Limited has been appointed by Cabot Financial (UK) Ltd to manage your account in line with the arrangements agreed with Blair, Oliver & Scott".
      Sept 12: Welcome to Cabot letter "The Cabot Credit Management Group has recently bought the account you held with Halifax..."
      Aug 13: Cabot offer a partial settlement of around 30%. Said it would be full and final settlement but marked as partially settled. Refused.
      Jul 14: Settlement offer from Cabot of around 70%, refused.
      Jun 17: My settlement offer of around 30% refused.
      Jun 17: Sent CCA request.
      Jul 17: We don not have this info (CCA) on file, however we have asked for it.
      Sept 17: Letter from Cabot saying they have not been able to provide me with the requested info, credit agreement currently unenforceable.
      une 18: Cancelled DMP. Payments no longer being made to this account.
      July 18: Sent SAR to BOS (nee Halifax).
      July 18: First letter from Cabot after cancelling DMP. Suggesting Step Change. Saying account now on hold for 14 days.
      early Aug 18: received a response to SAR asking to sign my original letter. I have signed with a signature different to the one I used in 2002.
      September 18: Received a statement of account showing 3 months with zero paid.
      May 19: Letter from Cabot saying they have failed to make contact so will instruct "a company called Moorcroft to try to arrange a visit at your home to that they can put you back in touch with us". They go on to say they would rather speak to me within the next 7 days "or you'll receive a visit from Moorcroft".
      Jul 19: Letter from Moorcroft saying they may pay me a visit if I don't call to arrange payment. The standard letter.
      Jul 19: Letter from Halifax BOS saying they have been unable to find any info, please send DOB, previous address and signature. Which I did.
      Aug 19: Letter from Moorcroft saying they will pay me a visit on a specific date. I have sent the harassment / doorstop template letter.
      Sept 19: Response from Moorcroft saying they have passed my letter on to their client as liability lies with them. they will not make contact regarding collection of the balance whilst the issue is being investigated.
      Nov 19: Letter from Cabot saying "we have been trying to contact you, please fill in this financial summary".
      Feb 20: Letter - We are going to appoint Resolvecall to visit you. Call us or expect a visit from them.
      Mar 20: Letter - Avoid legal action, you have 21 days. You account will be placed with a solicitor who will send you a letter before action.
      Mar 20: Letters - You have 14 days before we commence legal proceedings... Then you now have 7 days...
      Apr 20: Letter from Mortimer Clarke saying "Cabot reserves its right to pursue a court claim in the future". Please contact us within 30 days.
      Jun 20: Letter Before Claim received from Mortimer Clarke Solicitors. Ticked box D and returned.
      Aug 20:Letter from MC - We notice you have not completed income/ expend form, please reply within 10 days. Filed.
      Sept 20: Another Letter Before Claim received. Ticked Box D and returned.
      Oct 20: Letter from Mortimer Clarke - "We really need to talk to you... we are instructed to issue court proceedings and we recently wrote to you about this but we'd prefer to talk to you." Filed.

      Nov 20: Letter from MC - "We note you have indicated you dispute the debt, however you have not clarified why". They then refer to a letter they say they sent in July which I didn't receive. They enclose a copy of the letter which states that is encloses: copy of reconstituted agreement, historic terms, statement of account from original creditor and statement of account from our firm. It also states that "our client is not able to provide a copy of the original credit agreement as well as the following:

      "Please be advised that under the FCA Consumer Credit sourcebook at rule 13.1.4, a firm able to reconstitue a copy of the agreement, and there is no obligation to provide a copy which includes a copy of the signature. This was also confirmed in the case of Carey v HSBC Bank PLC (2009) EWHC 3417"

      It then details background of the debt, my dispute, their investigation then says that Cabot complied with my requests for a CCA but includes them again (I didn't receive this letter they refer to with these copies). Furthermore the enclosed statement of account shows the numerous payments you have already made towards the debt which we would say is eveidence that you are aware of the debt. (I was paying via a DMP until Jun 18). In conclusion, they say I am liable for the debt and they will hold the debt for a further 21 days, please complete income/expenditure.

      Anecdotally, I am now unemployed due to redundancy.

      Nov 20: Sent second SAR to Halifax.
      Nov 20: Sent MC a letter asking for copies of the supporting documentation they refer to in their letter dated July 20.

      Jan 21: Received a response from Halifax, they need me to go to a branch to confirm ID.
      Jan 21: Response from Mortimer Clarke with copies of statements back to when the account was opened with Halifax plus TWO reconstituted agreements, covering two different addresses I lived at. Sent these to Niddy who says they look unenforceable as they are recons.

      Jan 21: Went to Halifax branch to confirm ID as requested for SAR.
      Feb 21: Another "Potential Legal Action" letter with a letter of claim and reply form. Will tick box D (and give no reason) and return.
      Update on Mortimer Clarke / Cabot.

      Comment


      • Originally posted by SarahSarah View Post

        Update on Mortimer Clarke / Cabot.

        This is your third Letter of Claim from Mortimer Clarke.

        The first was in June 2020, and the second was in September 2020.

        I'm afraid they seem intent on issuing legal proceedings.

        However Niddy has told you that the documents they eventually sent in response to your CCA Request were unenforceable so see if they go ahead regardless.

        Di

        Comment


        • Originally posted by SarahSarah View Post

          Update on Mortimer Clarke / Cabot.
          I should have asked you whether this Letter of Claim is exactly the same as the previous two (I've already seen those), if not then email me the first couple of pages of this one using di@joannaconnollysolicitors.co.uk

          Di

          Comment


          • Originally posted by Diana Mayhew View Post

            I should have asked you whether this Letter of Claim is exactly the same as the previous two (I've already seen those), if not then email me the first couple of pages of this one using di@joannaconnollysolicitors.co.uk

            Di
            It's the same as the one sent in September 2020.

            Comment


            • Originally posted by SarahSarah View Post
              • Halifax
              • Credit card
              • Approx 2002
              • £1,100
              • Last full payment approx Oct 2007. Last DMP payment Jun 18.
              • Arrangement via a DMC 2007-2018
              • Defaulted. Now dropped off credit file.
              • Cabot Financial (Europe) Ltd
              Mar 08: Default notice from Halifax.
              Apr 08: Account passed to Blair, Olivier & Scott Ltd Debt Collectors
              Sept 12: Halifax write to advise that "Halifax has assigned all of it's respective rights, title and interest... to Cabot Financial (UK) Ltd. " Later in the letter is states "Cabot Financial (Europe) Limited has been appointed by Cabot Financial (UK) Ltd to manage your account in line with the arrangements agreed with Blair, Oliver & Scott".
              Sept 12: Welcome to Cabot letter "The Cabot Credit Management Group has recently bought the account you held with Halifax..."
              Aug 13: Cabot offer a partial settlement of around 30%. Said it would be full and final settlement but marked as partially settled. Refused.
              Jul 14: Settlement offer from Cabot of around 70%, refused.
              Jun 17: My settlement offer of around 30% refused.
              Jun 17: Sent CCA request.
              Jul 17: We don not have this info (CCA) on file, however we have asked for it.
              Sept 17: Letter from Cabot saying they have not been able to provide me with the requested info, credit agreement currently unenforceable.
              une 18: Cancelled DMP. Payments no longer being made to this account.
              July 18: Sent SAR to BOS (nee Halifax).
              July 18: First letter from Cabot after cancelling DMP. Suggesting Step Change. Saying account now on hold for 14 days.
              early Aug 18: received a response to SAR asking to sign my original letter. I have signed with a signature different to the one I used in 2002.
              September 18: Received a statement of account showing 3 months with zero paid.
              May 19: Letter from Cabot saying they have failed to make contact so will instruct "a company called Moorcroft to try to arrange a visit at your home to that they can put you back in touch with us". They go on to say they would rather speak to me within the next 7 days "or you'll receive a visit from Moorcroft".
              Jul 19: Letter from Moorcroft saying they may pay me a visit if I don't call to arrange payment. The standard letter.
              Jul 19: Letter from Halifax BOS saying they have been unable to find any info, please send DOB, previous address and signature. Which I did.
              Aug 19: Letter from Moorcroft saying they will pay me a visit on a specific date. I have sent the harassment / doorstop template letter.
              Sept 19: Response from Moorcroft saying they have passed my letter on to their client as liability lies with them. they will not make contact regarding collection of the balance whilst the issue is being investigated.
              Nov 19: Letter from Cabot saying "we have been trying to contact you, please fill in this financial summary".
              Feb 20: Letter - We are going to appoint Resolvecall to visit you. Call us or expect a visit from them.
              Mar 20: Letter - Avoid legal action, you have 21 days. You account will be placed with a solicitor who will send you a letter before action.
              Mar 20: Letters - You have 14 days before we commence legal proceedings... Then you now have 7 days...
              Apr 20: Letter from Mortimer Clarke saying "Cabot reserves its right to pursue a court claim in the future". Please contact us within 30 days.
              Jun 20: Letter Before Claim received from Mortimer Clarke Solicitors. Ticked box D and returned.
              Aug 20:Letter from MC - We notice you have not completed income/ expend form, please reply within 10 days. Filed.
              Sept 20: Another Letter Before Claim received. Ticked Box D and returned.
              Oct 20: Letter from Mortimer Clarke - "We really need to talk to you... we are instructed to issue court proceedings and we recently wrote to you about this but we'd prefer to talk to you." Filed.

              Nov 20: Letter from MC - "We note you have indicated you dispute the debt, however you have not clarified why". They then refer to a letter they say they sent in July which I didn't receive. They enclose a copy of the letter which states that is encloses: copy of reconstituted agreement, historic terms, statement of account from original creditor and statement of account from our firm. It also states that "our client is not able to provide a copy of the original credit agreement as well as the following:

              "Please be advised that under the FCA Consumer Credit sourcebook at rule 13.1.4, a firm able to reconstitue a copy of the agreement, and there is no obligation to provide a copy which includes a copy of the signature. This was also confirmed in the case of Carey v HSBC Bank PLC (2009) EWHC 3417"

              It then details background of the debt, my dispute, their investigation then says that Cabot complied with my requests for a CCA but includes them again (I didn't receive this letter they refer to with these copies). Furthermore the enclosed statement of account shows the numerous payments you have already made towards the debt which we would say is eveidence that you are aware of the debt. (I was paying via a DMP until Jun 18). In conclusion, they say I am liable for the debt and they will hold the debt for a further 21 days, please complete income/expenditure.

              Anecdotally, I am now unemployed due to redundancy.

              Nov 20: Sent second SAR to Halifax.
              Nov 20: Sent MC a letter asking for copies of the supporting documentation they refer to in their letter dated July 20.

              Jan 21: Received a response from Halifax, they need me to go to a branch to confirm ID.
              Jan 21: Response from Mortimer Clarke with copies of statements back to when the account was opened with Halifax plus TWO reconstituted agreements, covering two different addresses I lived at. Sent these to Niddy who says they look unenforceable as they are recons.

              Jan 21: Went to Halifax branch to confirm ID as requested for SAR.
              Feb 21: Another "Potential Legal Action" letter with a letter of claim and reply form. Will tick box D and return.
              Feb 21: Mortimer Clarke chasing for a response within a week.
              Feb 21: Received SAR paperwork from Halifax. Same recons sent by MC plus statements and various other bits. Nothing looks particularly interesting...Should I be looking for anything else?
              Doesn't appear to be anything of interest in the SAR from Halifax, anyone have any insight of something specific I should look for?

              Side note, I asked for confirmation I hadn't had PPI with them and they gave me the runaround for literally years, saying they couldn't cofirm my ID. In this doc, they have those letters, from both them and me ALONG WITH copies of my IDs I sent to them. It doesn't look like I did have it. Shit load of bank charges though.

              Comment


              • Originally posted by SarahSarah View Post
                • Halifax
                • Credit card
                • Approx 2002
                • £1,100
                • Last full payment approx Oct 2007. Last DMP payment Jun 18.
                • Arrangement via a DMC 2007-2018
                • Defaulted. Now dropped off credit file.
                • Cabot Financial (Europe) Ltd
                Mar 08: Default notice from Halifax.

                Sept 12: Halifax write to advise that "Halifax has assigned all of it's respective rights, title and interest... to Cabot Financial (UK) Ltd. "
                . . . .
                Jun 17: Sent CCA request.
                Jul 17: We don not have this info (CCA) on file, however we have asked for it.
                Sept 17: Letter from Cabot saying they have not been able to provide me with the requested info, credit agreement currently unenforceable.
                . . . .

                Jun 20: Letter Before Claim received from Mortimer Clarke Solicitors. Ticked box D and returned.
                . . . .

                Sept 20: Another Letter Before Claim received. Ticked Box D and returned.

                Nov 20: Letter from MC - They enclose a copy of the letter which states that is encloses: copy of reconstituted agreement, historic terms, statement of account from original creditor and statement of account from our firm. It also states that "our client is not able to provide a copy of the original credit agreement

                . . . .

                Jan 21: Response from Mortimer Clarke with copies of statements back to when the account was opened with Halifax plus TWO reconstituted agreements, covering two different addresses I lived at. Sent these to Niddy who says they look unenforceable as they are recons.

                Feb 21: Another "Potential Legal Action" letter with a letter of claim and reply form. Will tick box D and return.

                Goodness. Unless I'm mistaken this will be the third (or is it the fourth?) 'Letter of Claim' Mortimer Clarke have sent in the last eight months!

                I assume it says the same as the previous ones?

                The recon credit agreement is unenforceable and the debt owner (Cabot Financial UK Ltd) is not FCA authorised to issue legal proceedings but Mortimer Clarke solicitors don't seem at all deterred by this.

                Di

                Comment


                • Originally posted by Diana Mayhew View Post


                  Goodness. Unless I'm mistaken this will be the third (or is it the fourth?) 'Letter of Claim' Mortimer Clarke have sent in the last eight months!

                  I assume it says the same as the previous ones?

                  The recon credit agreement is unenforceable and the debt owner (Cabot Financial UK Ltd) is not FCA authorised to issue legal proceedings but Mortimer Clarke solicitors don't seem at all deterred by this.

                  Di
                  Hi Di, I should have unhilighted the first Feb update... Just two letters before claim so far but they are chasing before the deadline they gave has even neared.

                  Comment


                  • Is there any value in writing back and saying 'Look, if you are so confident of your position, I'll see you in court!'

                    Comment


                    • Noooooooooooooooooooo
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                      Comment


                      • Originally posted by SarahSarah View Post
                        • Halifax
                        • Credit card
                        • Approx 2002
                        • £1,100
                        • Last full payment approx Oct 2007. Last DMP payment Jun 18.
                        • Arrangement via a DMC 2007-2018
                        • Defaulted. Now dropped off credit file.
                        • Cabot Financial (Europe) Ltd
                        Mar 08: Default notice from Halifax.
                        Apr 08: Account passed to Blair, Olivier & Scott Ltd Debt Collectors
                        Sept 12: Halifax write to advise that "Halifax has assigned all of it's respective rights, title and interest... to Cabot Financial (UK) Ltd. " Later in the letter is states "Cabot Financial (Europe) Limited has been appointed by Cabot Financial (UK) Ltd to manage your account in line with the arrangements agreed with Blair, Oliver & Scott".
                        Sept 12: Welcome to Cabot letter "The Cabot Credit Management Group has recently bought the account you held with Halifax..."
                        Aug 13: Cabot offer a partial settlement of around 30%. Said it would be full and final settlement but marked as partially settled. Refused.
                        Jul 14: Settlement offer from Cabot of around 70%, refused.
                        Jun 17: My settlement offer of around 30% refused.
                        Jun 17: Sent CCA request.
                        Jul 17: We don not have this info (CCA) on file, however we have asked for it.
                        Sept 17: Letter from Cabot saying they have not been able to provide me with the requested info, credit agreement currently unenforceable.
                        une 18: Cancelled DMP. Payments no longer being made to this account.
                        July 18: Sent SAR to BOS (nee Halifax).
                        July 18: First letter from Cabot after cancelling DMP. Suggesting Step Change. Saying account now on hold for 14 days.
                        early Aug 18: received a response to SAR asking to sign my original letter. I have signed with a signature different to the one I used in 2002.
                        September 18: Received a statement of account showing 3 months with zero paid.
                        May 19: Letter from Cabot saying they have failed to make contact so will instruct "a company called Moorcroft to try to arrange a visit at your home to that they can put you back in touch with us". They go on to say they would rather speak to me within the next 7 days "or you'll receive a visit from Moorcroft".
                        Jul 19: Letter from Moorcroft saying they may pay me a visit if I don't call to arrange payment. The standard letter.
                        Jul 19: Letter from Halifax BOS saying they have been unable to find any info, please send DOB, previous address and signature. Which I did.
                        Aug 19: Letter from Moorcroft saying they will pay me a visit on a specific date. I have sent the harassment / doorstop template letter.
                        Sept 19: Response from Moorcroft saying they have passed my letter on to their client as liability lies with them. they will not make contact regarding collection of the balance whilst the issue is being investigated.
                        Nov 19: Letter from Cabot saying "we have been trying to contact you, please fill in this financial summary".
                        Feb 20: Letter - We are going to appoint Resolvecall to visit you. Call us or expect a visit from them.
                        Mar 20: Letter - Avoid legal action, you have 21 days. You account will be placed with a solicitor who will send you a letter before action.
                        Mar 20: Letters - You have 14 days before we commence legal proceedings... Then you now have 7 days...
                        Apr 20: Letter from Mortimer Clarke saying "Cabot reserves its right to pursue a court claim in the future". Please contact us within 30 days.
                        Jun 20: Letter Before Claim received from Mortimer Clarke Solicitors. Ticked box D and returned.
                        Aug 20:Letter from MC - We notice you have not completed income/ expend form, please reply within 10 days. Filed.
                        Sept 20: Another Letter Before Claim received. Ticked Box D and returned.
                        Oct 20: Letter from Mortimer Clarke - "We really need to talk to you... we are instructed to issue court proceedings and we recently wrote to you about this but we'd prefer to talk to you." Filed.

                        Nov 20: Letter from MC - "We note you have indicated you dispute the debt, however you have not clarified why". They then refer to a letter they say they sent in July which I didn't receive. They enclose a copy of the letter which states that is encloses: copy of reconstituted agreement, historic terms, statement of account from original creditor and statement of account from our firm. It also states that "our client is not able to provide a copy of the original credit agreement as well as the following:

                        "Please be advised that under the FCA Consumer Credit sourcebook at rule 13.1.4, a firm able to reconstitue a copy of the agreement, and there is no obligation to provide a copy which includes a copy of the signature. This was also confirmed in the case of Carey v HSBC Bank PLC (2009) EWHC 3417"

                        It then details background of the debt, my dispute, their investigation then says that Cabot complied with my requests for a CCA but includes them again (I didn't receive this letter they refer to with these copies). Furthermore the enclosed statement of account shows the numerous payments you have already made towards the debt which we would say is eveidence that you are aware of the debt. (I was paying via a DMP until Jun 18). In conclusion, they say I am liable for the debt and they will hold the debt for a further 21 days, please complete income/expenditure.

                        Anecdotally, I am now unemployed due to redundancy.

                        Nov 20: Sent second SAR to Halifax.
                        Nov 20: Sent MC a letter asking for copies of the supporting documentation they refer to in their letter dated July 20.

                        Jan 21: Received a response from Halifax, they need me to go to a branch to confirm ID.
                        Jan 21: Response from Mortimer Clarke with copies of statements back to when the account was opened with Halifax plus TWO reconstituted agreements, covering two different addresses I lived at. Sent these to Niddy who says they look unenforceable as they are recons.

                        Jan 21: Went to Halifax branch to confirm ID as requested for SAR.
                        Feb 21: Another "Potential Legal Action" letter with a letter of claim and reply form. Will tick box D and return.
                        Feb 21: Mortimer Clarke chasing for a response within a week.
                        Feb 21: Received SAR paperwork from Halifax. Same recons sent by MC plus statements and various other bits. Nothing looks particularly interesting...Should I be looking for anything else?

                        May 21: Received a court claim logged by Mortimer Clarke "on behlaf of" Cabot. I actually defended it myself after researching and combining info relevent to my case with a template at Legal Beagles. I quickly received a "we are in receipt of your defence, the claimant has 33 days to repond" letter from the court. One of my favourite points in the list was this:

                        Further, the Claimant is not authorised to carry on the activity of Debt Collection or Administration by the Financial Services Authority. Collection of a debt arising from a regulated Consumer Credit agreement constitutes a Regulated Activity within the meaning of the Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 (‘RAO’) (Section 39F) and therefore the Claimant is acting in contravention of Section 19 of the FSMA 2000 and is not entitled to bring this claim.
                        July 21: Followed up with the court. The claimant has not responded and the deadline has passed, therefore the case is "stayed" i.e. halted indefinitely. An application to lift the stay would cost MC £100.
                        Updated... There's a lot of help and info around that doesn't cost anything. Not completely out of the woods on this one but it looks hopeful. Grateful for the kindness of others...

                        Comment


                        • Here is something to think about. If this remains stayed for a while , some people will urge you to apply to the court to have the claim 'struck out'. The problem with that is it costs money and as the claim is 'only' £1100 you may feel you do not want to do that. However, if you are still not working you may qualify for 'fee remission' so could possibly do it at no cost. This is not advice or even a suggestion as to a course of action but something you may want to think about. As you say, there is plenty of free advice available and plenty of people who give their time with no expectations (apart from a warm fuzzy feeling when people are able to successfully defend).

                          Comment


                          • Originally posted by Warwick65 View Post
                            Here is something to think about. If this remains stayed for a while , some people will urge you to apply to the court to have the claim 'struck out'. The problem with that is it costs money and as the claim is 'only' £1100 you may feel you do not want to do that. However, if you are still not working you may qualify for 'fee remission' so could possibly do it at no cost. This is not advice or even a suggestion as to a course of action but something you may want to think about. As you say, there is plenty of free advice available and plenty of people who give their time with no expectations (apart from a warm fuzzy feeling when people are able to successfully defend).
                            Hi Warwick, indeed. Thanks for your comment, really helpful. It seems that a strike out being granted would be a reasonable expectation if the claimant has no reasonable grounds to claim i.e. not authorised by the FCA. Have you done this?

                            Comment


                            • Hi,

                              A Court is extremely unlikely to grant an Application seeking the striking out of a Claim without a hearing.

                              At such a hearing, a Judge would want to hear submissions from you on why the Claim should be struck out and why you think the Claim stands no prospect of success. The other side, or the Barrister/Solicitor Advocate would have the opportunity to make submissions opposing your Application and, if the Judge decided in their favour, they would likely ask the Court to Order you to pay their costs of opposing your Application.

                              To that extent, I would proceed with extreme caution as it is only worth proceeding if you feel you can comfortably articulate your arguments in Court, quote any of the relevant law and authorities, and understand and respond to the submissions from the Claimant.

                              I see you had raised a Defence relating to the Claimant being unauthorised. I will not comment on how exactly you have put it in the Defence. What I will say is that the overall essence of the argument is a good reason for a Claim to be struck out. However, the Financial Services and Markets Act 2000, which you quote, is an extremely complex statutory instrument. It generally requires an expert in the field such as Joanna Connolly to take even a Judge of some experience through. Furthermore, as there is no binding authority on the matter, if it isn't argued correctly before a Judge, the Judge is under no burden to have to find you are correct.

                              Conversely, if the Claimant were to apply to lift any stay on proceedings and ask the Court to enter Judgment against you, the Court would likely require a hearing for that also, albeit the roles would be reversed as you'd be on the defence opposing the Application, as opposed to being on the attack having made an Application to strike out the Claim. In any event, the scenario would be the same, the Claimant would make submissions to the Judge on why your Defence should fail, and you would have to make submissions to the Judge on why your Defence had merit, and you would be in the same situation whereby you would have to take the Judge through the Financial Services and Markets Act 2000 and its applicability (or lack thereof) to the Claimant.

                              On that basis, and it is obviously your choice, I would not suggest making an Application for a strike out unless you are 100% confident you can clearly argue the matter to a Judge, or unless you instruct someone who can represent you in Court and is comfortable with the nature of the contended issues. As I say, there are costs risks, and potentially the result could be your defence being dismissed.

                              Unfortunately, that leaves a quandary. Because if you do not make an Application to strike out, of which there is no obligation for you to do so, you are left with a stayed Claim, which;

                              1. Is stayed indefinitely unless the either party makes and Application to lift it;
                              2. Is used by the Claimant to 'obtain' documentation and strengthen its case;
                              3. Leaves you unaware if the Claimant itself will make an Application, which it can do any time and which can often come out of the blue.

                              Hopefully however, none of the above happens in your case.
                              Last edited by Colin G Quinn; 23 July 2021, 15:18.
                              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


                              • Originally posted by SarahSarah View Post
                                • Halifax
                                • Credit card
                                • Approx 2002
                                • £1,100
                                • Last full payment approx Oct 2007. Last DMP payment Jun 18.
                                • Arrangement via a DMC 2007-2018
                                • Defaulted. Now dropped off credit file.
                                • Cabot Financial (Europe) Ltd
                                Mar 08: Default notice from Halifax.

                                Sept 12: Halifax write to advise that "Halifax has assigned all of it's respective rights, title and interest... to Cabot Financial (UK) Ltd. " Later in the letter is states "Cabot Financial (Europe) Limited has been appointed by Cabot Financial (UK) Ltd to manage your account
                                . . . .

                                Jun 17: Sent CCA request.
                                Jul 17: We don not have this info (CCA) on file, however we have asked for it.
                                Sept 17: Letter from Cabot saying they have not been able to provide me with the requested info, credit agreement currently unenforceable.

                                . . . .
                                Jun 20: Letter Before Claim received from Mortimer Clarke Solicitors. Ticked box D and returned.
                                Aug 20:Letter from MC - We notice you have not completed income/ expend form, please reply within 10 days. Filed.

                                . . . .
                                Response from Mortimer Clarke with copies of statements back to when the account was opened with Halifax plus TWO reconstituted agreements, covering two different addresses I lived at. Sent these to Niddy who says they look unenforceable as they are recons.[/FONT]

                                . . . .
                                Feb 21: Another "Potential Legal Action" letter with a letter of claim and reply form. Will tick box D and return.


                                May 21: Received a court claim logged by Mortimer Clarke "on behlaf of" Cabot. I actually defended it myself ]
                                July 21: Followed up with the court. The claimant has not responded and the deadline has passed, therefore the case is "stayed" i.e. halted indefinitely. An application to lift the stay would cost MC £100.

                                Hello

                                I'm a great believer in the power of positive thinking so block out the negative 'what ifs' and focus on what legal arguments you feel are supportive of your Defence (which I've not seen).

                                First and foremost is Niddy has told you that the reconstituted credit agreement (for a Halifax credit card from 2002) that Cabot eventually produced is unenforceable.

                                You have letters from Cabot in which admit they don't have the original credit agreement so they deem the debt unenforceable.

                                The claim is currently stayed which suggests Cabot may not be totally convinced that they've got what they need to win this case having seen your Defence.

                                The ball is now in their court to prove their case so maybe sit back and see what they do (or don't do) next.

                                When you received the claim form did you send Mortimer Clarke solicitors a CPR 31.14 Request for documents mentioned in their Particulars of Claim such as the Default Notice or Notice of Assignment using the AAD Template in post #4 here> https://all-about-debt.co.uk/forum/d...mplate-letters

                                Di
                                I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

                                I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


                                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.

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