Unenforceable Diary

[Roger]

Just updating with info for Tesco Personal finance- currently with Cabot - letter received today dated 26th March 2018
potential legal action - will apply for a CCJ if you don’t contact in 14 days.
letter coming to my current address

Did you ever send a S 77/78 CCA (plus £1) on this Tesco Debt?

[sezzalenny]

Yes I did - I got a reply from Moorcroft rather than Tesco saying that I hadn’t supplied a return address or signature so to call them.


today I’ve just received a solicitor letter from Mortimer Clarke - this is for the Tesco debt but Cabot have bought it. Eeeeek! Do I just ignore and wait to see if they send a county court?

[Still Waving]

Yes I did - I got a reply from Moorcroft rather than Tesco saying that I hadn’t supplied a return address or signature so to call them.


today I’ve just received a solicitor letter from Mortimer Clarke - this is for the Tesco debt but Cabot have bought it. Eeeeek! Do I just ignore and wait to see if they send a county court?

Hi

There seem to be huge gaps in the history of this account (for example the sale to Cabot). Can you clarify just what correspondence you have had with/from creditor and agents since sending the CCA74 request. (You didn't supply a return address, yet they managed to write to you ???).

Did you send a follow-up letter as advised at the time? Have you ever sent a SWID letter to Cabot, so that they are aware that Tesco were in default of your request?

What did Mortimer Clarke say in this recent letter? It probably should not be ignored, but if you want constructive advice I think you need to flesh out the history.

[sezzalenny]

OK - here goes.......


5th August 2014 - letter from Tesco - passing account to Moorcroft
9th August 2014 - Letter from Moorcroft - we'll be managing account
CCA letter sent
17/07/2017 - letter from Tesco - you requested information but we don't have an address for you please contact us and we can rectify.
20th July 2015 - reply from Moorcroft - we have requested the info you asked for and won't enforce payment until this has been provided
10/07/2015 - letter from Moorcroft - our records show this hasn't been paid. - our records show you are dealing with us via third party - please contact them if this is still in place
10/09/2015 - letter from Tesco - we're passing your account to Robinsons way
19/09/2015 - letter from Robinsons way - get in touch about your Tesco loan
24/09/2015 - letter from Robinsons way - get in touch
12/10/2015 - Robinsons way letter - help available
17/12/2015 - Robinsons way - balance reduction offer
19/06/2016 - wescot letter - we are trying to locate at this address
22.02/2016 - Tesco letter - list of payments received between 11/06.2010 - 22/02/2016
26/02/2016 - Tesco letter - interest readjustment - credit applied
25.06/2017 - wescot letter - please respond
26/05 - wescott letter - there are options
15/06/2016 - wescott reduced settlement offer letter
23/02/2017 - Tesco letter - you have been in touch with us about replaying (I didn't contact)
23/08/2017 - Tesco letter - we have decided to transfer all of our rights in connection to you account to cabot
25/08/2017 - cabot letter - we have bought your acc
02/12/2017 - cabot letter - we haven't heard from you
8/12/17 - cabot letter - payment option
0/2/18 - cabot - payment options letter
11/03/12 - cabot - will take legal action letter
23/03/17 - cabot - legal action letter
12/04/18 - cabot - we have sent details to the solicitor who will contact you
13/04/18 - letter from mortimer clark

[Still Waving]

Hi

First comment - I think you should edit out your name at 19/06/16.

We still need to know precisely the content of Mortimer Clarke's letter. Is it a formal Letter Before Claim, including a multiple page questionnaire, I&E form and Guidance notes?
On the right hand side of the Cabot letters, exactly who is shown in the box as the current creditor?

[Roger]

What is the Amount (approx.?)
When did you make the last payment?
Did Tesco ever send a Default Notice?

CCA letter sent confirmed by Moorcroft letter 20 July 2015
Do you have a copy of that Letter and did it enclose £1?

Your response here would be to send a Sold While In Dispute (SWID) to Cabot! With copy to Mortimer Clark.

CABOT are a multi company - You say Cabot but looking at the letters . Who is the Current Owner CABOT ??? You should find this on letters 1/ and 2/ below
1/ Tesco dated 23/8/2017
2/ Cabot 25/8/2017
Cabot ?? will be writing to you BUT the Current Owner is likely to be another member of the Cabot Group.

Your information is thin! You most likely will need a SAR on Tesco but wait until CABOT being to investigate your SWID. The SAR will then include whatever correspondence between Cabot and Tesco!

What does the Mortimer Clark letter say.

These are working guidelines based upon the thin information you have supplied. But it is enough I think to start filling in your Diary details and blanks.

[Roger]

Hi

First comment - I think you should edit out your name at 19/06/16.

We still need to know precisely the content of Mortimer Clarke's letter. Is it a formal Letter Before Claim, including a multiple page questionnaire, I&E form and Guidance notes?
On the right hand side of the Cabot letters, exactly who is shown in the box as the current creditor?

Snap with Still Waving!! Thank you for excellent analysis and approach!

[sezzalenny]

On the cabot letter on the right it says Cabot own the debt

Mortimer Clark letter - covering letter saying if no reply in 30 days we may ask for county court judgement. Then letter of claim details - detailing who owns debt - contact details. then a reply form - with tick box - I agree I owe the debt - I owe some of the debt but not all etc Expenditure form.

Thank you

[sezzalenny]

And sorry - just says Cabot Financial UK LTD

[sezzalenny]

the amount is 5313.40
it was in a debt management plan - last payment made through them was June 2014
the CCA letter I sent was stored on an old PC - I can try and access it and get a copy.

[Roger]

Others may have other ideas. However this plan is all about the timing of letters.

I do not think we can rely on your original request to Moorcroft (Tesco) for the CCA. Either to content nor to whether the £1 was enclosed. It should have been sent to Tesco not Moorcroft!

You will need to reply to Mortimer Clarke to meet that 30 Day deadline.

You must work back from this 30 days to time your CCA S.78 request (plus £1) to CABOT

The plan is to send the CCA request plus £1 to CABOT and then 12+2 Days later send the Letter Before Claim response to Mortimer Clarke

You need to tick the in dispute box and cite as a reason Outstanding CCA S.78 request.

The Template for AAD CCA s.78 https://www.all-about-debt.co.uk/for...%20Request.doc
this needs to be sent recorded delivery to the CABOT (who have been writing to you) plus £1 Post Order. Get a receipt from the Post Office for the Recorded Delivery and the Postal Order (made out to CABOT) The legal position is "..If this information is not provided within 12 working days the debt becomes unenforceable. .."

Now you will need a SAR from Tesco Template here https://www.all-about-debt.co.uk/for...t%20Access.doc
Again this needs to be timed from say 3 weeks after CABOT have been sent that CCA request (by then CABOT should have been in communication with Tesco! You want your SAR to cover this correspondence)


1/ Cabot Financial UK Ltd (Unlicensed)
Here is the FCA link to print off and store copy with your filing (don't mention to Cabot , nor Mortimer Clarke store this away )

http://fca-consumer-credit-interim.f...w?accId=472690

Read Niddy's Blog
https://www.all-about-debt.co.uk/for...50#post1291550
"..The exact reasons we want to keep sensitive if you don't mind..."


2/ Who do Mortimer Clarke cite as their Client? Is this Cabot Financial UK LTD .

Be sure to complete your Diary entries with dates letters etc and post up here any responses from Clarke or CABOT

[sezzalenny]

Thank you.

I probably wasn't clear on that - the CCA letter was sent to Tesco rather than Moorcroft - checking again this afternoon I found the response from Tesco too - I updated the original post. Letter said thanks for requesting personal data, but we don't have an address for yourself, - please contact us.That was 17/07/2015. A £1 postal order was enclosed.

In the letter from Mortimer it says:
Who are Mortimer - solicitors which are members of Cabot Credit Management Group
Who is Cabot - Cabot Owns your debt

More information about the debt
a. Parties to agreement: you and Tesco personal finance plc
b. type of loan.
c. original account number
d. date of agreement
e. date assigned to current creditor
f. enclosed uptown date statement of debt

Can I ask what it means that cabot are unlicensed?


Thanks for your help,

[sezzalenny]

D'oh - sorry - I see the link answers that!

[Roger]

You could send a SWID! But in this Case there is immediate legal protection in the CCA S.77/78 request to CABOT!

The SAR can take up to 40 days so you will need this time!

I note that it is a Loan. Was or is there any PPI on this?
What was the purpose of the Loan? (this can sometimes be important).

There are many legal reasons for UE not just the CCA! There are assignment issues as you can now see with

Cabot Financial UK Ltd.

[sezzalenny]

no PPI and the loan was for home improvements- new windows

Thanks again