Josefk diary

[Still Waving]

Email di@joannaconnollysolicitors.co.uk

[Joanna Connolly Solicitors]

Email di@joannaconnollysolicitors.co.uk

Thanks for the nudge

The OP and I have now been in touch.

Di

[Joanna Connolly Solicitors]

The time is running out on the 30 days, still got 10-12 days, has there been any more thoughts or should I go with the complaint to the DC and another letter spelling out what they have already had to the solicitor?

This debt is due to become Statute Barred in June next year (last payment to your DMP provider was in June 2013) so don't say or do anything which could be viewed as acknowledging the debt as that could scupper your chances of it becoming SB then.

You have received a Letter Before Claim from Mortimer Clarke on behalf of their client Cabot Financial (UK) Ltd.

The previous debt owner (Britannica) issued a county court claim in 2014. A Defence was filed, and Shoosmiths Solicitors' response was to discontinue the claim. If the current debt owner decides to issue a new claim based on the same, or substantially the same facts, then they would have to make an Application to the court for permission. CPR 38.7 makes that clear > https://www.justice.gov.uk/courts/pr...es/part38#38.7

When legal action was threatened in December 2017 you sent Cabot a copy of the Notice of Discontinuance and they wrote back saying that they weren't aware of the historic claim (or the Discontinuance) but would continue to attempt to collect the debt anyway.

You should respond to the LBC from Mortimer Clarke by ticking Box D (which says you dispute the debt). In the 'give your reasons' box simply say "see attached". Then attach a copy of the Notice of Discontinuance and a copy of the letter from Cabot acknowledging the situation.

Send a copy of the form and your enclosures to Cabot with a one-liner saying "Please see attached".

I wouldn't make a formal complaint to anyone as that could be seen as an acknowledgement of the debt and/or encourage them to look closely at your file.

The previous claim was (wrongly) for your ex-HSBC overdraft. There has been no claim for your ex-HSBC credit card which relates to the balance their chasing. If the penny drops (that it was your credit card not your overdraft with different account numbers) they may decide to pursue that line of enquiry. In theory they have not issued a claim for the credit card debt - let's keep it that way!

(I'm aware that you have previously sent a s 77-79 CCA Request to the previous debt owner.)

Post up the next instalment when/if it happens.

Di

[josefk]

Thanks for the chat Di, I'll get that off to them and then wait to see what they do.

[josefk]

UPDATE- After receiving letters from Mortimer Clark saying they were waiting for instructions from their client I have received two letters.
The first was on Friday which gave me 2 weeks to supply more information in relation to the discontinuance form I had sent them as the discontinuation didn't mention their client. Completely obvious it didn't as I had informed Cabot (their client) that they had bought the debt without doing due diligence and the alleged debt had been attempted to go to court but been discontinued completely after a defence was entered. Why would their client be on that discontinuation since they didn't have it then?

But, yesterday I receive another letter before action from them. Not sure if they're just getting sneaky by giving me one thing asking for more information as a distraction whilst then hitting me with another LBA which may be ignored whilst sorting the first issue.

My thoughts is to give it a week or so and then reply to both letters. Completing box D of the LBA again and inform them that they may want to do some late due diligence with who they purchased from to ensure themselves that the alleged debt had indeed been discontinued following a defence statement going in. I'm definitely not going to be sending any reasons why it was defended or why it was discontinued.

Any other thoughts?

[Joanna Connolly Solicitors]

yesterday I receive another letter before action from them. Not sure if they're just getting sneaky by giving me one thing asking for more information as a distraction whilst then hitting me with another LBA which may be ignored whilst sorting the first issue.

My thoughts is to give it a week or so and then reply to both letters. Completing box D of the LBA again and inform them that they may want to do some late due diligence with who they purchased from to ensure themselves that the alleged debt had indeed been discontinued following a defence statement going in. I'm definitely not going to be sending any reasons why it was defended or why it was discontinued.

Any other thoughts?

I'll reply to your email before you reply to that Letter Before Claim

Have a good weekend in the meantime.

Di

[josefk]

I'll reply to your email before you reply to that Letter Before Claim

Have a good weekend in the meantime.

Di

Thanks Di, I think they're trying to be tricky as one letter has a 14 day reply period whereas the LBA is obviously 30 days. I'm wondering if they're looking to trigger a claim if I don't reply to the 14 day timeframe one.

[josefk]

This debt is due to become Statute Barred in June next year (last payment to your DMP provider was in June 2013) so don't say or do anything which could be viewed as acknowledging the debt as that could scupper your chances of it becoming SB then.

You have received a Letter Before Claim from Mortimer Clarke on behalf of their client Cabot Financial (UK) Ltd.

The previous debt owner (Britannica) issued a county court claim in 2014. A Defence was filed, and Shoosmiths Solicitors' response was to discontinue the claim. If the current debt owner decides to issue a new claim based on the same, or substantially the same facts, then they would have to make an Application to the court for permission. CPR 38.7 makes that clear > https://www.justice.gov.uk/courts/pr...es/part38#38.7

When legal action was threatened in December 2017 you sent Cabot a copy of the Notice of Discontinuance and they wrote back saying that they weren't aware of the historic claim (or the Discontinuance) but would continue to attempt to collect the debt anyway.

You should respond to the LBC from Mortimer Clarke by ticking Box D (which says you dispute the debt). In the 'give your reasons' box simply say "see attached". Then attach a copy of the Notice of Discontinuance and a copy of the letter from Cabot acknowledging the situation.

Send a copy of the form and your enclosures to Cabot with a one-liner saying "Please see attached".

I wouldn't make a formal complaint to anyone as that could be seen as an acknowledgement of the debt and/or encourage them to look closely at your file.

The previous claim was (wrongly) for your ex-HSBC overdraft. There has been no claim for your ex-HSBC credit card which relates to the balance their chasing. If the penny drops (that it was your credit card not your overdraft with different account numbers) they may decide to pursue that line of enquiry. In theory they have not issued a claim for the credit card debt - let's keep it that way!

(I'm aware that you have previously sent a s 77-79 CCA Request to the previous debt owner.)

Post up the next instalment when/if it happens.

Di

23/1/2019 UPDATE- Had another letter from Mortimer Clarke who now state that Cabot have no knowledge of any previous litigation on the alleged debt involved and giving 14 days for proof of litigation and my defence. I was going to send them a copy of the letter where Cabot admits they bought the alleged debt without knowing that and stating that this was confirmed by those they'd bought it from when they went back to them so that is a blatant lie.
Apart from that they definitely will not get a copy of my defence as I dare say they will try to rectify any issues, of which there were many.

Other thing I notice is that they always hold their letters a week before sending so the 14 days is ate up very quickly.

I've contact Di by email, any other ideas?

TIA.

[The Tech Clerk]

what date was the actual default dated?

[josefk]

what date was the actual default dated?

With this account they never sent a default notice, they just terminated the account. If they did send a default then I have no idea as it wasn't the best time in my life and I was having major difficulties.

[The Tech Clerk]

send a SAR request they have 30 days to supply all information ( no charge)

[josefk]

send a SAR request they have 30 days to supply all information ( no charge)

I will send one off to see whether anything was ever defaulted. Mortimer Clarke is being a pain the backside as they keep pretending that this case hasn't been litigated before whereas it's over 4 years since the previous case was fully discontinued. They've had the discontinuation notice sent and Cabot admit it was fully discontinued previously but didn't know when they bought it.

I'll SAR the original creditor but no way is MC getting a copy of the defence lodged at court from me.

[The Tech Clerk]

Diana Mayhew should pop in here as this case been discontinued you say previously?

[josefk]

Diana Mayhew should pop in here as this case been discontinued you say previously?

Yes,it has, way back when Andrew was the solicitor in 2014.
I've emailed Di but no response yet

[The Tech Clerk]

Sure she will pop in soon! could send copy of their letter to:- Attn Di:-Email di@joannaconnollysolicitors.co.uk