Help Needed please with Mortimer Clarke

Lifestartsat40 wrote: »

I am thinking of writing back, doing the CCA request, asking them to prove that a payment was made in 2012 (I'm still not sure this is correct) whilst still denying any knowledge of the debt

I completely understand your hesitation to phone the NCCBC contact centre, I feel the same way too some days

However it's hard to decide your next move while boxing in the dark. You need the facts in order to protect your legal position.

You say this is a £26k debt so I doubt they'll walk away without making an effort to either persuade you to pay (sign the Tomlin Order) or continue with the legal proceedings (seek a Default Judgment since you've not filed an Acknowlegment of Service or your Defence).

I strongly suggest you send the s 77 - 79 CCA Request asap. Once a Judgment is granted they no longer have a statutory duty to comply with your request and you'll have lost the opportunity to defend the claim on that legal argument if you attempt to set aside the CCJ.

Was the original account a Northern Rock unsecured loan, which year was it taken out, how much was it for? Can you remember whether it was a Regulated or Unregulated loan (they didn't always get that bit right)? Was it linked to a Northern Rock Together Mortgage?

Lawyers have an expression "we don't litigate through correspondence". If you start asking them to prove things or get into any kind of debate about evidence then you risk saying/doing something which could harm your case.

Sadly they won't take any notice of the fact that you haven't got the funds to pay now. Debt purchasers tend to think of the long term. They like the certainty of a CCJ then they hope that your financial circumstances will improve as the years go by.

Is the debt purchaser, and possible Claimant, Cabot Financial Ltd or Cabot Financial (UK) Ltd.?

Di

Lifestartsat40 wrote: »

" . . . a firm is able to reconstitute a copy of the agreement and there is no obligation to provide a copy which includes a copy of the signature (confirmed by the case Carey V HSBC Bank 2009)

They then say that they consider the agreement is now enforceable , if you disagree, please explain why?

Its almost like they are testing me to see how much I know and whether Im likely to cause them trouble in court - if you can shed any light or give any help on a response

I read that to say they're admitting the credit agreement is reconstituted when they quote Carey v HSBC Bank 2009. Joanna Connolly was the lead solicitor on that case so I know a thing or two about what will pass the test of 'honesty and accuracy' of reconstituted documents

They are asking you to tell them what's wrong with their documentation so they can attempt to remedy the problem.

I've already advised you to contact the court (NCCBC) to establish the status of this claim because you are vulnerable to a CCJ unless you file your Defence.

Di

Lifestartsat40 wrote: »

Assuming the Claim is still live - they say it was issued a year ago - is there no time limit for them to request judgement default'

No there is no time limit for the Claimant to request a Default Judgment (CCJ).

You've engaged in coreespondence/phone calls with them so you are aware that there is a claim (please check with NCCBC). It would hard to argue that you didn't file a Defence because you didn't know you needed to.

Di