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£15k default passed from cabot to Mortimer Clarke - when to send prove it letter?
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If the act is scrapped does that mean they will not need to produce a CCA to take enforcement action? If so does that mean all those they’ve not been able to chase due to lack of CCA will become enforceable again? Just wondering if anyone knows how this will impact things
DFW info LBM: March 26
Total 03/26 69,481
"You put one foot in front of the other and one day you look back and see that you have climbed a mountain" Ready for the climb.💪
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I'd like to know that too as I have a debt with PRA that is unenforceable but doesn't become statute barred until April 2028.
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It won't be retrospective, and a judge would still have to be convinced that an agreement existed but the old 'pay a pound and get your debt marked unenforceable' clause will no longer exist.
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We do not know what will happen to cases where they have already failed to produce the CCA, but I would be very surprised if they are affected.
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The debt collectors must be rubbing their hands in glee.
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Hi all, just to update on my original post I have now received what I believe to be a letter before action/letter before claim from Mortimer Clarke. It was sent on the 16th of this month and it says "we act for Cabot and we will issue a claim if you don't contact us by 16th October 2026". The pack contains a reply form asking me whether I recognise the debt as my own as well as outlining ways to pay. Based on the advice in this thread and others, I plan to send a prove it letter followed by a CCA request. Could someone please kindly provide me with the links to those templates?
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Could you post a picture of the first page of that Reply Form here please, because if this is a Letter Before Action, you have to reply using that form, NOT a prove it letter or a CCA request.
So it is good to be very sure that is a Letter before Action.0 -
If it's a formal LBA you can reply like this
The cca (and cpr) requests can be done at the claim stage
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Thanks both, please see a photo of the letter itself attached as well as photos of the reply form that came with it. Seems to fit the bill of a letter before action to me but will be very grateful to hear your takes. Cheers.
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Yes its an LBA, make certain you respond using that form, and within the 30 days.
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