Cabot/Mortimer claimform - old Cap1 card 'debt'

[dillon21]

Good Morning

just received a load of paper work from these solicitors not sure if I have been on here about this before

the letter says we have reviewed the file following the issue of our clients claim

you filed a defence

 

In order our client could provide you with the documentation

we were ordered to place your account on hold and take no further action in relation to the proceeding's

until we received the requested documentation from our client

 

it then says please find attached

 

Credit agreement

credit card statements

our clients statement of account

Your Defence

In your defence you deny all knowledge of this matter.

We enclose a copy of our previous correspondence providing background of the claim

 

Our clients position is that the enclosed documents clearly evidence the debt

The credit agreement bears your signature

 

The way forward

It is not clear what your defence to this agreement is

we as that you set out the precise legal basis of any defence within 14 days

 

Alternatively our client would like to settle matters without the need for further court proceedings

We therefore we ask you put forward repayment proposal's to address the outstanding balance

 

The next page then offers a 40% discount

 

then there's a letter explain the background

saying it relates to a credit card agreement for capital one entered on the 11/2011 terminated 05/09

the debt and agreement has been assigned to Cabot financial (UK) ltd

 

sorry so long winded but wanted to give as much info that I have received as I could

 

Many Thanks

[Old Cogger]

might bear signature BUT is it a compliant CCA1974 , i..e. were all T&Cs present at inception?? other parts seems they are begging you to pay up as they may have no case?? seems we need lot more info from you as the peeps can give you advice via a full picture of the situation taken out when etc etc etcf

[dx100uk]

so when did you get the claimform

and on what date did you file your defence.

 

its quite usual for this lot to find the paperwork

or what they think is enforceable paperwork

 

after the claim has been stayed for years down the line

offer a discount

in the hope you'll fall for it.

if the claim is stayed

then if they are serious next move is theirs

pay the fee and lift the stay

rarely happens.

 

 

dx

[lookinforinfo]

When you sent off your defence

did you ask for all the relevant information to prove you owed the money

or did you also include £1 and a CCA request?

If the latter then they are a tad short of the legal requirements.

 

 

You have to be wary of "signatures" since it is quite easy to reconstruct the original agreement

using a new blank form filling it in and lifting your signature from a letter of yours for example.

 

The dates relating to the opening and closing of the credit appear to be the wrong way round.

Could you please confirm that the last payment MADE BY YOU

[sometimes companies pay in a small sum to an account to extend the time of it being barred] was 11/2011.

Shame you don't live in Scotland as it would already be statute barred.

 

However the fact that they are offering a 40% discount instead of getting 100% in Court

would suggest that they are not sure that they have a strong case.

 

 

For instance once you are in arrears the creditor must send you annual statements.

If they haven't done so they are not allowed to enforce the debt as per the Consumer Credit Act 2006.

[dillon21]

Hi

I will dig out all the paper work this evening and give all info I have

thanks

[renegadeimp]

So theyve issued a claim.

 

Then you called their bluff, and they didnt have the right paperwork.

 

Now they are supplyign what they said is the right paperwork, but now theyre offering a huge discount despite the claim being ongoing?

 

Make sur eyou stick to those court timelines, Theyre pulling a fast one on you AND abusing the court process too.

[dillon21]

the court claim form was sent to me on the 15th Jan 2015

acknowledge by court on 27th Jan 2015

 

 

last letter from Mortimer Clark on 04/02/2015 saying they have received my defence

then saying it relates to capital one credit card entered into on the 05/11/2002 to 22/05/2009

the debt as been assigned to our client cabot financial

we have requested documentation from our client we shall forward this to you on upon receipt

in the meantime the matter is put on hold

[dx100uk]

then ignore them as post 4

I guessed right.

 

 

dx

[lookinforinfo]

Thank you for confirming the dates of your credit card Dillon. As you have paid nothing since 2009 the debt is now statute barred. This means that you can no longer be taken to Court as the

debt is way too old. The creditor can still ask you for the money but you are under no obligation to pay.

 

I know dx100uk says to ignore and normally that would be my reaction. However in this instance you have, I imagine, been put under a lot of stress and worry over the threat of a Court case

that would never even get as far as a Hearing since the Court would throw it out if Cabot were stupid enough to try. It is the sheer bare faced effrontery of Mortimer Clarke to ask you what your defence is to the fact that they have sent you apparently your original contract knowing full well that the account has been statute barred for almost 7 years.

 

It is up to you of course but I would be raising merry hell if I had been put through all that when Cabot and their solicitors are fully aware that what they did is an unfair business practice.

Indeed the OFT in their Guidance on Debt pamphlet which states that a business trying to recover a statute barred debt in the way that they did with you could be considered as using an unfair or improper practice calling their credit licence into question.

 

These days debt collection is undertaken by the Financial Ombudsman Service but I have no doubt that they too would take a poor view of Cabot using your lack of knowledge of statute barred debt to trick into paying by threatening Court action that they knew they could not undertake.

[dillon21]

Thank you so much guys

so helpful if the court would not enforce this

why did I get a claim form from them on the 15th Jan 2015

 

Also they are saying I have 14 days to reply

and if I agree to a settlement figure they are instructed to send me a Tomlin order

So if I just leave it they can't do nothing is this correct ??

[renegadeimp]

They're bluffing you and misusing the court.

They don't care if it's sb.

They will still lie, cheat and anything else to extract money from you.

It's how their business model works

[Andyorch]

Thread moved to Financial Legal Issues

[renegadeimp]

So it's sb and they have no paperwork, yet they're still bluffing you and trying to use a tomlin order to get you to fall for it? I'd be inclined to tell them two words...

[dx100uk]

Thank you so much guys

so helpful if the court would not enforce this

why did I get a claim form from them on the 15th Jan 2015

 

Also they are saying I have 14 days to reply

and if I agree to a settlement figure they are instructed to send me a Tomlin order

So if I just leave it they can't do nothing is this correct ??

 

 

its what called a speculative claim...

hoping for a default, rubberstamped uncontested judgement.

you defended and called their bluff.

 

 

end of the matter now

unless they want to pay and lift the stay.

 

 

for a 2002 card an unsigned CCA is no good in court