Dealing with Mortimer Clarke

mrjoshua88

Last week I received a letter from Cabot advising they were passing my debt from Aqua to their solicitors Mortimer Clarke, I then received a letter from MC advising they would be pursuing CCJ if no response was received. 

This debt has had no payments towards it, nor have I corresponded with any debt collectors regarding it since 2021.

What is the best course of action at this point? Should I send a letter requesting they prove the original debt, or should I be doing something else now that it’s been passed on?

Thanks.

sourcrates

What kind of debt was it? 

Can you clarify the date of default, or if you have paid it at all since that date.

Once Cabot pass an account over to Mortimer Clark, they will likely pursue a CCJ against you if you don`t engage with them, dependant on the answer to the above, the prove-it letter may be appropriate, yes.

mrjoshua88

It was an Aqua credit card. The default was November 2021 and haven’t paid or engaged with Newday or Cabot since then. 

sourcrates

Its not statute barred until November 2027 then, I`d send the prove-it letter (see the link in my signature) it asks for evidence of your liability, but without acknowledging the debt.

They may or may not be able to provide it, see what the outcome of that is first.

mrjoshua88

Thank you! 

Just to clarify, is this the same thing as a CCA request? Or is it different?

fatbelly

You can find a prove-it template here

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

And post 2 explains how it differs from a cca request and why you don't start with one.

sourcrates

mrjoshua88 said:

Thank you! 

Just to clarify, is this the same thing as a CCA request? Or is it different?

Similar, but different, a CCA request is made under sec 77 of the consumer credit act, and has a statutory fee of £1.
As you can only request a copy of your own agreement, you would likely acknowledge the debt, thus resetting the time clock.

The prove-it letter doesn't admit anything, it simply asks for evidence of your liability (similar question, but different approach) now that could come in various forms, not always a credit agreement, but it can be.

mrjoshua88

Thanks for that guys.

If they do come back with the agreement and it is enforceable, do you have any idea how it works with agreeing payment terms? I.e. can they force you to pay a minimum amount? Or do they have no power to do so? 

Grumpelstiltskin

No they can't force you to pay a minimum amount, but cross that bridge if you come to it.

See if it is enforceable first.

sourcrates

mrjoshua88 said:

Thanks for that guys.

If they do come back with the agreement and it is enforceable, do you have any idea how it works with agreeing payment terms? I.e. can they force you to pay a minimum amount? Or do they have no power to do so? 

No one can force you to do anything, you would pay according to your disposable income.

Only a court can order you to pay, they are not a court.