Capital One Mortimer Solicitors

sheraaz76 · 22 September 2018 at 10:56AM

Dear MSE Folks,
i would really appreciate some advice following this;

I had a Capital One credit card wich i received a default in January 2015 for £865.00.I was a little bit in a financial problem and fell behind with a few payments but started to pay back slowly.Last Payment was in November 2014 and December was missed and in January default was issued.Then they passed it on to Cabot financial and Drydenfair solliciors who started to send me letters.
I done a CCA request and they did not respond to my request and asked for more time.After a year i asked them again about my request and again a year passed by with same letter that they need time.Then i received a letter that they not taking it any further and returning the matter back to Cabot Financial.
Then i received in June 2018 a letter from Mortimer Sollicitors that their client has obtained a judgement against me.When i asked when did that happened as there was no claim number etc on it they send me a apology letter.When i asked them for the original CCA they sent me a really unreadable agreement and a few statements.
When looking at statements i noticed PPI charges and when looking on the CCA the ppi section is blank,meaning i never took a ppi out.I honestly never noticed anything about PPI.When i asked Capital one about it they said i took it out by calling them up but they dont have any proof.
Now i received a letter from mortimer sollicitors with a £130.00 added to the balance claiming they have issued a claim against me on the 12th september 2018 and this time there is a reference nr with it.Havent received a claimpack yet so they adviced me to ring Northampton county court.

Do i have a reasonnable defence?

Thank you in advance

Sheraaz

sourcrates · 22 September 2018 at 1:11PM

Hi,

Mortimer Clark are one step up the rung from something that you may of trodden in.

It is not uncommon to here of them fabricate credit agreements, to lie, to coerce people, to distort facts, you really have to be on your toes when dealing with such people.

Have you moved at all in recent years, could be the claim forms have gone to an old address, a call, or an email, to Northampton bulk center will confirm if they are telling the truth or not, if they are, then your only option is to apply for a set aside, with a cost of £255.00 (unless you qualify for remission).

As you say, you need a defense with a good chance of success, as you admit the debt, your hopes lie with the non compliance with your CCA request, you may want to take legal advice on how that may pan out for you.

sheraaz76 · 22 September 2018 at 2:44PM

sourcrates wrote: »

Hi,

Mortimer Clark are one step up the rung from something that you may of trodden in.

It is not uncommon to here of them fabricate credit agreements, to lie, to coerce people, to distort facts, you really have to be on your toes when dealing with such people.

Have you moved at all in recent years, could be the claim forms have gone to an old address, a call, or an email, to Northampton bulk center will confirm if they are telling the truth or not, if they are, then your only option is to apply for a set aside, with a cost of £255.00 (unless you qualify for remission).

As you say, you need a defense with a good chance of success, as you admit the debt, your hopes lie with the non compliance with your CCA request, you may want to take legal advice on how that may pan out for you.

Thank you for your reply.
The letter they sent out to me that their client has obtained a CCJ against me was a bluff.I confirmed it with the court and checked my credit files,no CCJ.
Mortimer sent me a apology letter saying that they can confirm there wasnt a CCJ obtained but now on the 12th September 2018 they issued a claim against me so i am making my defense ready .

sourcrates · 22 September 2018 at 3:25PM

Ah, OK, was it a claim form, or a letter before action ?

Under the pre-action protocol, civil procedure rules, they must send a LBA beforehand, in order to attempt to come to an amicable arrangement without the need to further involve the court.

If they have not sent you that, the court may take a dim view of the way they have behaved, add that to your defense as well.

sheraaz76 · 22 September 2018 at 4:35PM

sourcrates wrote: »

Ah, OK, was it a claim form, or a letter before action ?

Under the pre-action protocol, civil procedure rules, they must send a LBA beforehand, in order to attempt to come to an amicable arrangement without the need to further involve the court.

If they have not sent you that, the court may take a dim view of the way they have behaved, add that to your defense as well.

When i received their latest letter the balance was increased by £130.00.I rang them and they told me that they have issued a claim on the 12th September 2018 but never send me a letter before that they are going to issue one when i was still in dispute with them.

Also i have been charged ppi but i havent taken out any ppi and the box for ppi is blank on my cca wich they send to me.Is this CCA still valid?
The copy they privided is barely readable.

thank you

sourcrates · 22 September 2018 at 5:39PM

You really need legal advice on this, and to clearly outline the events that have taken place so far.

A copy credit agreement must be a legible copy yes, it must be readable by your average Joe public, if it isn't, then its not compliant.

Just to confirm, you did not receive a letter before action, but you did get a claim pack, in the same pack, you should have received all the following: N1 – Claim form; N9 – Response pack; N9A – Admission N9B – Defense and counterclaim. There should be a court name and a claim number, is that correct ?

sheraaz76 · 23 September 2018 at 1:51PM

I never received anything.Only the last letter i received from Mortimer i spotted balance gone up by £130 and a claim nr was added.Whrn i asked them Mortimer said they issued a claim on the 12th September 2018 and i should contact court if i havent received a claim pack.
ALSO they had sent me letter in June 2018 saying THEY already had a judgement issued against me and are going to apply for something..Then they sent a letter that thety havent obtained a judgement .They all over the place.

sourcrates · 23 September 2018 at 4:18PM

Right, well assuming you have received judgement by default, this may be because the original court papers may have been sent to the wrong address – perhaps a previous address. If this was the last address known to the claimant, the judgment will be valid unless they had reason to believe you had moved.

The court rules give the court discretion to set aside a judgment if there is a good reason. This can include a situation where the defendant didn’t receive the papers.
The first step will be to make an application to have the judgment set aside.

This is done on court form N244, the application should be made promptly, and should be supported by a witness statement.

There is a cost, as mentioned before, of £255.00.

If you are on a low wage you can get help with the court fees by completing court form EX160.

The court will need some explanation as to why the court papers were not received. They will also want some idea of whether or not you are likely to have a good defense to the claim. All this should be included in the witness statement.

Just_Di · 25 September 2018 at 3:22PM

sheraaz76 wrote: »

i have been charged ppi but i havent taken out any ppi and the box for ppi is blank on my cca wich they send to me.Is this CCA still valid?

If the PPI box on the credit agreement isn't ticked (or a cross) then that suggests one of two things, either

(a) the PPI was taken out with your consent (or not) after the account was opened, or

(b) the credit agreement you've been sent is "inaccurate".

Did you send your CCA Request before or after they obtained judgment (if they did)?

A little more detail would be helpful

Di

sheraaz76 · 25 September 2018 at 10:02PM

Just_Di wrote: »

If the PPI box on the credit agreement isn't ticked (or a cross) then that suggests one of two things, either

(a) the PPI was taken out with your consent (or not) after the account was opened, or

(b) the credit agreement you've been sent is "inaccurate".

Did you send your CCA Request before or after they obtained judgment (if they did)?

A little more detail would be helpful

Di

They havent obtained any judgement.
Mortimer sent me a letter with a paper saying that Cabot had obtained a judgement against me and that Mortimer is going to apply for attachment of earnings.That had the claim no blank .When i asked them about when did it happened they sent me a letter out that they do apologise but their wasnt any judgement obtained or claim issued.
Now they have filed a claim on the 12th september 2018 but i never received a claim pack so i rang northampton court and they emailed me some forms and particulars of claim.

First time i asked for a cca was in january 2016 when it was with Drydenfair solicitors but they kept asking for more time.Then November 2017 Drydenfair sent it back to Cabot.Cabot wrote to me a letter that they are not taking any legal action at the moment.
In june 2018 i start receiving letters from Mortimer and i asked for CCA.They sent me a very unreadable tiny tiny printed credit agreement and some statements.There is were i realised that all the years they charged me PPI when i never ever asked for it nor is it on my credit agreement.The PPI box was left plain and unsigned.
When i got in financial dificulties they were not very helpfull.And if i had PPI they could allow me to make use of it by telling me.I never noticed for a strange reason that i had PPI.

Also last payment to capital one was november 2014 and january 2015 i was issued with a default and account was closed by them.

Just_Di · 26 September 2018 at 10:06AM

sheraaz76 wrote: »

They havent obtained any judgement.
. . . . Now they have filed a claim on the 12th september 2018 but i never received a claim pack so i rang northampton court and they emailed me some forms and particulars of claim.

First time i asked for a cca was in january 2016 when it was with Drydenfair solicitors . . . .
. . . In june 2018 i start receiving letters from Mortimer and i asked for CCA.They sent me a very unreadable tiny tiny printed credit agreement and some statements.

. . . . When i got in financial dificulties they were not very helpfull.And if i had PPI they could allow me to make use of it by telling me.I never noticed for a strange reason that i had PPI.
.

First things first

You have received a claim from NCCBC. You say the Claim Issue Date is 12th September.

You have 19 days from that date to file your Acknowledgement of Service stating that you intend to defend all of the claim. The deadline will be 1st October but I recommend you do that today.

If you can't file it online (did MCOL give you the password?) then you can file it by post now that you have the forms. Send it by Royal Mail Recorded Delivery so you have proof of posting.

You then have 33 days from that Claim Issue Date to file your Defence.

Can you clarify whether the CCA Request you sent to DrydensFairfax solicitors in January 2016 was a formal request together with the £1 statutory fee and did you keep a copy of it with Proof of Posting?

Can you also clarify whether the CCA Request you sent to Mortimer Clarke in June 2018 was a formal request with the £1 statutory fee?

You say you got into financial difficulties while the account was still with Capital One. What actually happened? Was it a job loss, redundancy, ill health etc? If so should the PPI have paid out at the time?

If you were missold the PPI then you can make a claim for a refund of the premiums, plus interest, direct to Capital One (original creditor).

Once you've filed a Defence the court will serve a copy of it on Mortimer Clarke who will have 28 days to inform the court if they intend to continue with the proceedings. If they don't do that within 28 days the claim automatically becomes stayed (a pause button) until they make an Application to the court to lift the stay which requires them to pay a court fee.

If they inform the court that thy wish to continue then you will be sent a Directions Questionnaire where you can tick the box for free telephone Mediation. This is an opportunity to settle the claim without getting a CCJ, although the settlement is legally binding.

I know this is a lot to take in so the first step is to file your AOS to prevent Mortimer Clarke from getting a Default Judgment (CCJ) against you.

Di

Capital One Mortimer Solicitors

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