• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Mortimer Clarke Solicitors and Cabot Financial no statements provided is this legal?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Mortimer Clarke Solicitors and Cabot Financial no statements provided is this legal?

    Hello all,

    I am an American living in the UK married to my English husband.
    Before we were married, my husband's ex spent about £2,000 on his Lloyd's bank card and despite his efforts to make payments he eventually fell behind. Since then, he moved out of her house, to his parents' house and with me -- then we got married.

    In all the moves, he was not able to keep up with the current state of his debt and he stopped paying Lloyd's directly, so it was sold to a collections agency.

    When I was checking our credit so we can see where we stand, I came across the account and chased it down.
    We received a CCJ against him filed by Mortimer Clarke Solicitors on behalf of Cabot Financial, who I suppose are Lloyd's "authorised representatives". I responded accordingly and was offered a one-time settlement (something like half the loan). I countered with a monthly payment plan which they accepted based on our bills which I outlined in detail.

    We have been paying them for almost a year now and have not had ONE statement or piece of paperwork to show we have paid anything or what the outstanding balance is on our "account" with them.

    I have called SEVERAL times and requested a statement. The last representative I spoke with said he would send out a statement from the ORIGINAL debt, as well as the one we have with Mortimer Clarke/Cabot Financial. I have not received any statements. I am due to pay them on the first of the month (today) which I do every month over the phone using my debit card.

    My question is: can I withhold payments until I receive these statements? I have no proof they are contributing to the actual debt or what amount we owe. I have never seen one iota of paperwork aside from the CCJ they sent last year, and the acceptance of our proposed payment plan. SURELY, they have to provide us with something to say what we owe, what they're taking and how much principal is left on the account. Or at least an end date for the payment plan.

    I have only my bank statements to show we have actually sent payments in the first place and even those aren't more specific than the amount and the company to whom it was sent.

    As a foreign national, I am simply ignorant about the law here and what my husband's rights are. As I do the financial planning for our household, I don't want to be taken for a ride by debt collectors who can do nothing to positively or negatively affect my husband's credit. I also don't want the bailiffs at my door if I don't pay.

    I have read some of the threads on here about Cabot and Mortimer Clarke, but nothing which specifies what they are required to provide to their customers.

    Thank you for your help!

    Mrs R.
    Tags: None

  • #2
    Re: Mortimer Clarke Solicitors and Cabot Financial no statements provided is this leg

    [MENTION=55034]nemesis45[/MENTION]??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Mortimer Clarke Solicitors and Cabot Financial no statements provided is this leg

      If this is subject to a CCJ then do not stop payments as Cabot can apply for enforcement at your cost.

      To be honest i am unsure as to the legality of annual statements as the original agreement was terminated when the CCJ was issued

      What i would do is send them a letter by recorded delivery

      AT THE TOP PUT

      Official Complaint as to your Complaint Procedure

      Then state your dispute as to statements and that you require

      A FULL AND FINAL RESPONSE to that complaint and that they have 56 days max to respond

      That will then allow you to take it further but you need a paper trail

      Comment


      • #4
        Re: Mortimer Clarke Solicitors and Cabot Financial no statements provided is this leg

        Originally posted by Kati View Post
        Got it Kati thanks,:rolleyes:

        Comment


        • #5
          Re: Mortimer Clarke Solicitors and Cabot Financial no statements provided is this leg

          Good evening Mrs R,

          Cabot Financial is a Debt purchase company which has bought the debt from Lloyds.
          A statement should be supplied at least once a year.
          Keep those bank statements safe.
          If payments cease Cabot may well start legal action.

          I suggest writing to Cabot demanding a full statement of the account showing
          all payments made to them ( phoning Cabot's Customer (dis) service department
          is a waste of time, little knowledge and even less authority to do anything.

          Address this as a Formal Complaint to the " Head Of Collections".

          nem

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
          Working...
          X