cabot/restons claimform - old Cap1 card 'debt'

[adviseme]

Hi everyone,

 

Thank you for taking the time to view my post. I really hope someone can offer advice..

 

I'm going to be blunt, and please forgive me, but I've never spoken about this to anyone before.

 

nearly 5 years ago my marriage broke down,

I had to leave my family home, and close down my business.

 

I moved away from the county I lived in as I didn't have any work any more, and my sister let me live in a flat above a pub she owned.

I slipped into a deep depression that was lifted when I started to see a new lady.

 

She left me,

 

My sister helped me until she knew I would be OK. She then made me move into her home.

 

I was seen by a GP and referred to mental health services.

I was put on medication, and had a direct line to support workers.

 

Around this time I applied for a credit card.

I had nothing, and I guess (I honestly don't remember)

I thought it would make me feel good about myself.

(I had already pawned my wedding ring)

 

I made a few payments,

had to move in with mum n dad.

 

I moved to my brothers,

but I had to leave there,

moved in with an old school friend

- sofa surfing.

 

Sadly I had to move out, and was living in my car

- only for a few weeks, but it was bad enough.

 

As you can guess after a while I had stopped paying the credit card.

 

I'm not proud to say I often bury my head in the sand.

 

it's now 4 years later, and I have a job

- been working 6 months!

 

I have a flat I rent now.

Things started to look up.

 

I am now on different medication for acute depression and anxiety,

it's still there, but as i said things have been getting better.

 

My ex wife and I are on friendly terms,

and in July she is about to remortgage,

which means I should get about £40,000

- which although having a bad credit score I was hoping would help me secure a mortgage to buy my own flat and save me a small fortune in rent.

 

Until now.

 

Today I got a letter from nottingham county court telling me I have a debt of £1550, plus costs with a company called restons solicitors

- they are acting on behalf of Cabot who bought the debt from capital one.

 

I called the solicitors, and said can I sort out some payment plan.

 

They said the only thing I can do is pay it off in full with charges.

They were not willing to enter any payment plan, and stop the action.

 

I cannot raise the money unless I get a very high rate loan.

And I can't risk that.

 

I know lots will say it's only money - but I have just started to see sunshine, and now my only chance of ever owning my own place is fading fast.

 

I'm rambling. Sorry - You have no idea how long this has taken to write - I have deleted pages.

 

I am 49 years old, I know in 6 years noone would want to give me a mortgage.

 

Oh - I'm sorry.

 

When I told them i took the credit out during my worse mental health time the guy really seemed to sound concerned. He kept saying, but you're better now - seemed to be prompting me what to say.

 

I was wondering if any of you can advise me?

 

I'm not trying to get out of paying it at all.

I want my life on track - with a future that looks happy.

I can probably manage £50.00 per month, but it would be tight.

 

What can i do to get this stopped, or held up so i don't get a CCJ?

 

Is there anything?

 

I really am so sorry to get my point across.

 

thank you all for staying with this and reading to the end.

[dx100uk]

hi

to allow us to have the correct info to advise you properly

 

 

please fill this out

and copy n paste the Q's it here and add you answers

[adviseme]

Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED

 

Date of issue – 17 FEB 2017

 

Date to acknowledge 7th March 2017

 

 

Date to submit defence 21st March 2017

What is the claim for –

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 30 2012 and assigned to the claimant on Sept 24 2015

 

PARTICULARS a/c no *****************84845

DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00

 

What is the value of the claim? 1735.00

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? I was homeless, jobless, and quite frankly was having trouble remembering even usual thing in my life and couldnt even take care of myself physically. I suppose to put it plainly I forgot (I know this is no defence)

 

What was the date of your last payment? January 2014

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan I remember speaking with stepchange just before i became properly homeless - living in my car. I cannot say for sure if it was regarding this debt, but I am over 50% sure I did.

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[adviseme]

MCOL website? xxx.moneyclaim.xx.uk

 

Sorry if that's a dim question.

 

And thank you

 

I really must get to bed. I will check for replies in the morning.

 

I'll also download and get those forms downloaded and sent off.

 

Thank you again

[dx100uk]

yes MoneyClaimOnLine

[adviseme]

It wouldn't let me continue without signing the AOS. Hope I haven't messed up

[adviseme]

Sorry to ask more questions. I'm really not very good with all this.

 

Should I sign the CCA request and CPR?

 

Thank you

[dx100uk]

all in post 4 already

 

 

dx

[adviseme]

I'm filling in the CPR31.14 now. (I done the mconline bit.)

 

On the form mentions documents mentioned in the claim. But I can't see any mention of any documents on the claim form.

 

I'm probably overlooking something obvious, but I won't carry on with the form until I'm sure of what is needed.

 

Also the form looks like it is for overdrafts; is it ok to use this form for a credit card too?

 

Sorry again - I know I take up so much of your time, and really do appreciate it.

[dx100uk]

IN THE POC BOX....

 

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 30 2012 and assigned to the claimant on Sept 24 2015

 

PARTICULARS a/c no *****************84845

DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00

[adviseme]

I can't delete the bits of the CPR 31.14 form that are in black. Should I leave them all in? (I've tried doing it in web browser, and saved to my desktop with same result.)

 

Or is there a word version?

 

Once again sorry if you may feel I am wasting your time, the more I try the more stressed I am getting - I really want to get this right.

 

Thank you so much dx1000uk for your help so far.

 

I'm sorry - I just saw the plain text. I will copy & paste it into a word document.

 

I hate wasting your time panicking instead of calmly reading through.

[dx100uk]

there you go easy when you think about it...

[adviseme]

Got the letters ready to send tomorrow lunch time.

 

Thank you.

 

I'm sure there'll be more to do, but I am so glad to get this started.

[dx100uk]

there is a current account and a credit card cpr 31:14

make sure you are using the correct one...

[adviseme]

Oh dear!

 

I have to get to bed, but will have to look tomorrow. The one I used was just the text typed out in the thread as I couldn't edit the PDf one to take out the extra bits.

[dx100uk]

you simply copy and paste from the correct one.

[adviseme]

I didn't even realise there was a library - I just used the link in the thread. I'll have to check both letters...

[dx100uk]

the link for the CPR 31:14 you clicked takes you to the library not the cpr directly....

[adviseme]

I can see two - one just text to copy & Paste, and another which is a PDF, it doesn't say which one is which.

[dx100uk]

no scroll down there are TWO CPR31:14's

[adviseme]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Don't know if it will let me post a link, but it's the text written in this post that I have used.

 

Really must try to sleep. Please don't think I am ungrateful.

 

Many thanks

 

I saw the other one.

 

Glad to say i used the right one..

 

Phew..

 

Now to bed.

 

Night everyone, and thanks again.

[dx100uk]

:thumb:

[adviseme]

Letter all sent, including the £1.00 postal order. Guess I just wait to see what I get in reply now?

[dx100uk]

don't miss you defence filing date whatever happens

 

 

time to go read like threads now with your player

copy your thread title into the search cag box of the top red toolbar

 

 

the more you read the stronger we become.