Mortimer Clarke/Cabot counter offer

songbird888

Hi, need some advice dealing with a counter offer from Mortimer Clarke.

I defaulted on several debts over a year ago and have been waiting for letter before claims to come whilst building an emergency fund. In preparation, I worked out my leftover amount (£100) for non priority debts, and then working out each creditor as a percentage of the total, and allocating the same percentage to the offered payment. This is shown in the table below.

Had my first letter before claim from Moriarty Law 6 months ago who gladly accepted my offer as per my table above.

I have just offered Mortimer Clarke the amounts from the same table for the Marbles card and Halifax card - £20 and £18 respectively - and they have come back saying they think I can afford £75 over the two debts - despite me sending this table and my I&E.

What is the best approach for going back to them and remind them that I am offering a fair proportion of my £100 to each creditor?

Thanks for your help!

fatbelly

That is an odd strategy. Although it did seem to be accepted by whoever ML represented. At the point a creditor issues a LBC they should have a genuine intention to proceed with a court claim. It would be unusual for them to accept a 15-year instalment plan at that point.

I think you could accept ML's suggestion and hope the rest go statute barred. But is there a reason why you cannot go for bankruptcy?

songbird888

Hi, I appreciate they look like they’ll take a long time to pay down with this strategy, but I’m hoping that my position improves and I can look at F&F offers in a couple of years, but for now I need to keep the payments as low as I can. I don’t want to go bankrupt as I rent and move around a bit so don’t want any BR or CCJs on my file.

And yes it was strange that Moriarty Law accepted it with no trouble. I can afford Mortimer Clarke’s proposal but it doesn’t leave me much left if the others start pushing.

ManyWays

Is the £99 offer based on salting a lot away for later settlement offers?

Have you made affordability complaints to all of the debts? If not, try these now, the sooner the better. A single complaint to Newday about Aqua and marbles.

Have you asked Cabot and lantern to produce the CCAs for the debts? If not do this now, as the right to ask for this may soon be removed by legislation.

fatbelly

So, of seven creditors, two have gone legal. I can't say that would be the end of it because they have six years. But that's already a high percentage of your creditors. Sort out an arrangement with this one and you might be ok.

SPM87

https://forums.moneysavingexpert.com/discussion/comment/82055400#Comment_82055400

"It would be unusual for them to accept a 15-year instalment plan at that point."

based on what evidence? I did this recently and waited for LBA and negotiate £1 per month and they had the correct paperwork.. You people need to stop assuming you know what you are talking about as frankly you just dont. I have done this multiple times

fatbelly

Well done.....