SarahSarah Diary: UE and negotiating settlements

[SarahSarah]

? ?????

• Royal Bank of Scotland
• Loan & Overdraft
• Jan 2007
• £17K
• Last full payment approx Oct 2007. Negotiated installment paid up to June 18.
• Arrangement via a DMC
• 6+ late payments
• Currently Moorcroft

Nov 07: Joined a Debt Management Company who negotiated small repayments.
Oct 11: Experian credit report status is "6 payments late". Special Instruction indicator: "Arrangment".
Mar 12: "Formal Notice of intention to file a default and to take court action to recover the debt". DMC then spoke with RBS and told me I was fine for another year. No court action was taken. I don't know if the account was defaulted.
Oct 12: Letter from RBS "... you have failed to comply with the requirements set out in the recent Default Notice/ Termination Notice(s) served against you... We are terminating all banking facilities". I don't know if this means it was actually defaulted.
Nov 12: Letter from RBS saying account details have been passed to AIC (Allied International Credit (UK) Ltd) to act as collection agent.
Dec 12: Intro letter from AIC.
Mar 13: Letter from AIC - early settlement offer with no figure. I did call them but no settlement figure was within reach for me.
During this time I spoke with AIC a few times over the phone to try and get a settlement figure. No luck.
Feb 15: Wrote to RBS to see if there was a chance of settling, they wrote back saying thanks, please deal with AIC.
Jun 17: Wrote to AIC asking for CCA. They responded saying it's RBS responsibility, passed on to them.
Sept 17: Chased AIC for CCA, they say they are still awaiting a response from RBS.
Sept 17: Experian credit report lists this account as "over 6 late payments".
Oct 17: I requested the CCA and received a "True Copy", no signed photocopy.
Jan 18: Wrote to RBS offering settlement. No response.

Jun 18: FOUND AAD! Hallelujah!

June 18: Niddy reckons this one is unenforceable, no signed agreement. They say in their letter they are only obliged to send a true copy - is there a template I can use to ask again? I may fall into an actual faint if this whoppa is UE!

June18: Niddy reckons this one is UE as there is no signed agreement. Is the "Missing prescribed terms" template appropriate here? I'm confused as they refer in their letter to the doc they sent being a "True Copy" and the template asks for a true copy. Pic of letter attached along with a response from RBS saying that AIC will be collecting the debt "on their behalf". Is this a nice way of saying they have sold the debt and no longer have anything to do with it?


Update 30th June 18: Changed from Defaulted to Active. I had this wrong previously, apologies. Thought it had defaulted with all the others.
July 18: Sent SAR to RBOS.
July 18: Letter from AIC asking to call to arrange payment as DM cancelled.
Sept 18: Letter from RBS saying that they have been unable to reach an agreement with me so the account has been passed to Allied International to act as collection agent. Confusing as it's been with Allied for years. On my credit file, this account was delinquent for years, then randomly changed to payments up to date for a few months then went into delinquency again. Is there any detrimental effect (any worse than 72+ months of delinquency!) to this bizarre scoring?
Feb 19: Letter from RBS saying their previous collection agency has failed to agree a management plan with me so it has now been passed to a new collection agent - Zinc Group Ltd.
March 19: Zinc sent a welcome letter.
April 19: Zinc Credit Management wrote to say they will have not choice but to consider legal proceedings if they don't hear from me.
July 19: RBS wrote to say they have now passed the debt on to Moorcroft.
Aug: 19: Intro letter and follow up "we haven't heard from you" letters from Moorcroft. Filed.
Sept 19: Monthly Instalment Offer letter from Moorcroft. Threatening to "recommence collection activity" if no response within 7 days.
Sept 19: Letter from Moorcroft saying they may pay me a visit if I don't call to arrange payment. The standard letter.
Sept 19: Sent the do not visit letter.
Oct 19: Moorcroft have sent a letter saying thank you for confirming you will only communicate in writing, please fill in the attached expenditure form.
Nov 19: Moorcroft sent an "Our field agent will visit you on this date". I sent another do not visit letter.
Nov 19: Moorcroft visited when I wasn't in.
Nov 19: Sent a letter saying I am still waiting on CCA and SAR.
Nov 19: Moorcroft wrote to say they acknowledge I have raised a query and will not contact me again while it is being investigated.
Nov 19: Moorcroft sent a letter saying they can't provide the SAR, have handed it to RBS. Also suggest giving a reason for the request so RBS can assist me fully.
Nov 19: (Probably shouldn't have but) Asked Experian to correct my credit report to reflect that the account defaulted in Oct 2012. They said they spoke to RBS who ask me to contact them directly.
Dec 19: Statement of fees received for the overdraft account.
Dec 19: RBS write re SAR asking for proof of identity and to clarify what info I would like along with account numbers. They've made me wait over a year, so I think I'll make them wait a little... My plan of action is to send ID and ask for everything they have relating to me at my address. I won't give account numbers.
Jan 20: RBS write and give short deadline to provide proof of ID. I haven't made the deadline so will wait to see what happens.
Jan 20: Moorcroft write to suggest I get in touch to agree a payment schedule. No threats in this round yet.
Feb 20: Moorcroft write to say they will continue to write to me, may schedule a visit. Can they keep doing that after the do not visit letter?
Feb 20: Moorcroft write to say this has been passed to Home Collection Division and may visit. Also "our client has informed us that we may be able to offer a substantial discount".
Mar 20: With the help of Niddy, I am challenging Experian, Equifax and Trans Union to amend my credit file which still shows this as late payments rather than defaulted in 2012.
Sept 20: I started the quest to amend my credit file with Experian, they basically wouldn't do anything and advised me to conact RBS. Lots of chat with Niddy, I got too worried that I would poke the hornets nest so didn't approach RBS directly to amend my credit file.
Sept 20: Letter from RBS, which looks like a "we're about to sell your debt" letter... Says that I am still liable and they would like to work with me, they also reserve the right to take further action to recover the debt, which "may include the sale of your debt to a third party, who will then be entitled to pursue you for the debt".
Nov 20: strange things happening on my credit file... On Clearscore, this account was defaulted in Sept 20. It did show 2 recent months of "on time" payments but they have now been removed. The balance has now also gone down to £9.5k (It had been showing £13k for a few years). Last Moorcroft letter (Feb 20) still has it at £17k
July 23: Heard nothing on this since Sept 20.

So, I have heard nothing from anyone on this account since Sept 2020. The account seemed to be defaulted by RBS in 2012 but I continued to pay via a DMP until June 2018. I had incorrect notices on my credit file of "Up to date" in early 2018 and then delinquent again and then showing as default again in late 2020. So my question is, does anyone know for sure whether it's what date shows as a default on your credit file, or the date of your last payment that started the SB clock? I ask because it's the difference of 2 years, which would really help knowing. The fact that I have heard nothing at all from RBS in 3 years leads me to believe it has been sold or written off in some way.

[PlanB]

• 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

[Colin G Quinn]

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.

[SarahSarah]

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?

[Warwick65]

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).

[SarahSarah]

• 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...

[The Tech Clerk]

Noooooooooooooooooooo

[ca71]

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

[SarahSarah]

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.

[Joanna Connolly Solicitors]

• 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

[SarahSarah]

• 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.

[SarahSarah]

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.

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

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

[SarahSarah]

• 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.