mortimer clarke debt
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sheraaz76
Posts: 41 Forumite
Dear MSE People,
I had a capital one credit card somewhere in 2008 and ended up in financial problembs in 2014.I tried to make payments towards it and my last payment was in November 2014 and January 2015 I got a default issued.The passed my account to drydenfair sollicitors then to Mortimer then back etc.In September 2018 they issued a Courtclaim and I filed a defence wich they responded now in 2020 not to the court but to me by post.They trying to settle the matter out of court and if I don't comply they will continue with the claim in court wich I was told it was STAYED.
Reason of my not paying is they have charged £168 in late fees plus £368 in PPI charges wich I never knew until they sent me some transaction sheets.
The reply I got from Mortimer is;
Our client was assigned the benefit of the contract not the burden of contract,and they have no liability to repay any sums to you in respect of PPI They are also unableto comment on my cca request of 9th February 2016.
If I had PPI why did they not let me use the benefit of it when I went in trouble??
Also Mortimerhad also claimed that they had obtained a CCJ against me wich was a lie and the apologised to it.
What is the best thing to do??
Any advise will be really appreciated
I had a capital one credit card somewhere in 2008 and ended up in financial problembs in 2014.I tried to make payments towards it and my last payment was in November 2014 and January 2015 I got a default issued.The passed my account to drydenfair sollicitors then to Mortimer then back etc.In September 2018 they issued a Courtclaim and I filed a defence wich they responded now in 2020 not to the court but to me by post.They trying to settle the matter out of court and if I don't comply they will continue with the claim in court wich I was told it was STAYED.
Reason of my not paying is they have charged £168 in late fees plus £368 in PPI charges wich I never knew until they sent me some transaction sheets.
The reply I got from Mortimer is;
Our client was assigned the benefit of the contract not the burden of contract,and they have no liability to repay any sums to you in respect of PPI They are also unableto comment on my cca request of 9th February 2016.
If I had PPI why did they not let me use the benefit of it when I went in trouble??
Also Mortimerhad also claimed that they had obtained a CCJ against me wich was a lie and the apologised to it.
What is the best thing to do??
Any advise will be really appreciated
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Comments
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if I don't comply they will continue with the claim in court which I was told it was STAYED
Find out from the court, the reason why it was stayed. It will either then didn't pay the fee or they couldn't make the claim fit the facts. Very, very important to find out which.
There is also the issue of an imperfect assignment of the debt which MC appear to hint at. [I have a feeling this has come up before with MC debts]Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
It could be that the stay has been lifted meaning that it can be continued. I would check with the court first.
Have you got proof regarding whether or not you took out PPI?Aiming to make £7,500 online in 20220 -
AFAIK Mortimer Clark are solicitors who are part of the Cabot Financial Group. So the creditor will be CFG who will have purchased the debt from Capital One.
The statement that you had a CCJ requires more than an apology so I would raise a complaint with their Compliance Director and then the Law Society. Lawyers should never make that sort of mistake - without penalty.
The PPI issue is a red herring as there are two separate contracts. The CC and the PPI which don't offset.
Again find out why the case was stayed.Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
Thank you all for your replies.
The box for PPI on the CC agreement was blank never taken,but Capital one had ben charging monthly like around 5 quid i guess.When I entered in a hard time they never mentioned about my PPI to make a claim or so.Its just when moortimer sent me some kind of transaction sheets I spotted it.Now they say that Cabot only gets the benefit not the burden,Capital one refered me back to this lot.:rotfl:0 -
AFAIK Mortimer Clark are solicitors who are part of the Cabot Financial Group. So the creditor will be CFG who will have purchased the debt from Capital One.
The statement that you had a CCJ requires more than an apology so I would raise a complaint with their Compliance Director and then the Law Society. Lawyers should never make that sort of mistake - without penalty.
The PPI issue is a red herring as there are two separate contracts. The CC and the PPI which don't offset.
Again find out why the case was stayed.
I been in touch with the MCOL people.They told me the case was stayed on the 27th October 2018 and Mortimer never got back to them or anything.It will cost them if they wanna do anything further.I should report them to the solicitor bar or something lol.0 -
They told me the case was stayed on the 27th October 2018
Ask MCOL for copies of the paperwork as it should identify why it was stayed. Try a Subject Access Request.
As regards the false claim that you had a CCJ, it will be the Law Society after complaining to the Director who comes up as Christopher James Waters.
https://solicitors.lawsociety.org.uk/organisation/people/596830/mortimers-solicitors-limited?Solicitors=True
Enjoy..Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
Also i received a Notice of change of legal representative on a N434 form.But at the time there was no case in court and in the box claim no is left empty and Claimant they just put down cabot financial with their reference.
Is this a legit paper?
It went to court 4 months later where they didnt responded to my defence in 2018 and now they just restarted same thing again as they used to do by sending same papers again and again.
Kind regards0 -
they just restarted same thing again as they used to do by sending same papers again and again.
Are you saying they start a claim and never go to a hearing / pay the hearing fee. Do do they simply pay the first filing fee?in the box claim no is left empty and Claimant they just put down cabot financial with their reference.
Advise the answer to the above. Fee paid or just sending paperwork with no claim number?Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
They issued a claim in 2018 but after I filed my defense they never got back to the court so they stayed it deu to no response from Mortimer.Are you saying they start a claim and never go to a hearing / pay the hearing fee. Do do they simply pay the first filing fee?
Advise the answer to the above. Fee paid or just sending paperwork with no claim number?
Now after 15 months they telling me that in response to my defense they are sending me the paperwork wich they had already sent in the past any way and would like to settle the matter outside court if not they will go to court.
Before going to court in September 2018 they sent me a change of legal represantitve in may 2018 wich had no claim nr on it but just a reference nr .0 -
That sounds as if they intend to make an Application to lift the Stay and go for a Summary Judgment on the basis that your Defence has no merit (possibly because from what you say they have ‘acquired’ some documentation to challenge your Defence).
Are you certain the documents are identical to the ones Cabot first sent you? Were these documents disclosed in court somehow previously or just sent to you? If the Claim was stayed due to them not informing the court of their intention to proceed, then I’m not sure the court has had sight of them (yet).
If they do make an Application for a Summary Judgment then you can file a Witness Statement prior to any Hearing, and probably ask the court for permission to Amend your original Defence in the light of this new discloser.
Or even use the occasion (SJ Hearing) to ask the court to dismiss their Claim.
What is the exact name of the Claimant? Is it Cabot Financial (UK) Ltd who do not have FCA authorisation to issue claims?
It’s difficult to comment without knowing the full facts or seeing the paperwork.
Di0
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