Cabot/Mortimer - Old Written off Car Loan

[Zzz28]

Hello guys, was hoping to get some advice/help in regards to sorting this debt out.

 

On the 30th April 2016 I got finance approved on a car through Santander.

 

on the 7th January 2017 I had an accident in this car and it was written off.

The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.

 

Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247!

I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.

 

In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.

 

This year I have received a letter from Mortimer Clarke with threats of a CCJ.

 

I then decided to email them this;

 

Dear Sir/Madam

 

I received your letter regarding the account indicated above, claiming that I owed a specific amount.

I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK). 

I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that:

A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3

A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1

If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3

If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4

A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5

If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to:

> (1) Pass the information given by the customer to the actual lender or the owner; or

> (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6

 

You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment.

In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.

 

I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.

 

I look forward to your response.
 

 

They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years. 
 

Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.

 

My question now is how do I respond to this?

 

Thanks in advance for any advice (I may take a bit of time replying due to work constraints)

[dx100uk]

send them our SB letter from the debt collection section of our Library

 

dx

 

[Andyorch]

You don't respond ......their move next if they wish to litigate. The debt is approaching statute barred in Jan 2023 (debt allegedly accrued Jan 2017) hence MC coming out from under their stone.

[dx100uk]

suppose we need to check the op hasnt moved since last written comms with satans bank?

 

dx

 

[Andyorch]

MC wont be chasing for Santander...Caboot now own the debt and have written to the OPs current address.

[Zzz28]

Hi guys, thank you so much for all your responses and massive apologies for not getting back sooner, I have been doing sales events early mornings and late nights just come back from a long week of training.

 

i have been moving around but the address was my mums and so she would let me know if any letters etc.

 

Whats everyone’s recommendations then, I see dx100uk has advised to use an SB letter, while Andyorch has reccomended not responding.