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Cabot/Weightmans claimform - Capital One Credit Card 'Debt'


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Hi all

I received a claim form dated 20th Mar 2015 in the County Court Business Centre Northampton.

 

 

The claimant Cabot and Solicitor Weightmans LLP for a Capital One Credit Card defaulted on.

 

 

On the 30th March online with MCOL I filed an acknowledgement of service that I intend to defend all of this claim.

 

With work, family and illness it has now I believe gone past the 28 days to file a defence.

 

Is it too late to file a defence now?

 

Having had chance to read this forum is it too late to send off the CCA and the CPR31.14 now?

 

I really do need some advice quickly. If anybody can help it would be appreciated

 

Thanks

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Hi all

I received a CCJ claim form dated 20th Mar 2015 in the County Court Business Centre Northampton. The claimant Cabot and Solicitor Weightmans LLP for a Capital One Credit Card defaulted on. On the 30th March online with MCOL I filed an acknowledgement of service that I intend to defend all of this claim.

With work, family and illness it has now I believe gone past the 28 days to file a defence.

Is it too late to file a defence now?

Having had chance to read this forum is it too late to send off the CCA and the CPR31.14 now?

I really do need some advice quickly. If anybody can help it would be appreciated

Thanks

 

I make your defence due tomorrow. Whay does MCOL say?

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Claim History

A claim was issued against you on 20/03/2015

Your acknowledgment of service was submitted on 29/03/2015 at 22:31:40

Your acknowledgment of service was received on 30/03/2015 at 08:00:50

 

I am on MCOL where do i find defence due date please havinastella?

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I have answered the below to the best of my knowledge :

 

Name of the Claimant ? Cabot Financial Ltd

 

Date of issue 20/03/2015

 

What is the claim for – the reason they have issued the claim?

Particulars of claim

 

1. The defendant entered into a credit agreement described by the original creditor As Capital One Bank(europe) Credit Card-credit card

and having account number xxxxxxxxxxxxxxx(“the account”)

 

2. The claimant, a UK limited company with company number 3757424,

is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

 

3. The Defendant is indebted to the claimant of 3248.89

 

4. The claimant claims the said some of 3248.89 plus costs

What is the value of the claim? 3513.89 in total

 

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? before

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

 

Did you receive a Default Notice from the original creditor? yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure

 

Why did you cease payments? too much debt & interest & charges

 

What was the date of your last payment? with payplan a few yrs ago

 

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 managementicon plan? yes

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you are not too late

as there was a bank holiday in the 33 days

 

 

you need to file by 4pm tomorrow[weds]

 

 

get a CCA request off to cabot tomorrow

£1PO leave it blank don't sign anything

 

 

and the correct CPR 31:14 from the legal section of the top green library tab to weights.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Could you point me in the direction of any appropriate defence for my circumstances,

so that I may edit accordingly and submit?

 

 

I will be sending off letters (& unsigned PO) today.

 

 

What dates should I put on these, today's date or closer to when the claim was received?

 

Thanks again

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you don't sign the letters either click and read the links already provided for CCA request etc.

 

I would not monkey around with any dates.

 

I would submit the credit card holding/no paperwork defence

 

they will need the signed credit agreement to enforce this in court.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

post the defence here FIRST please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi again Dx100uk,

 

My husband has just got in & he said he sent off CCA & CPR31/14 for me on the 31st March 2015

by 1st class post the next day after we entered details on MCOL together.

 

However he did not send signed for to either & cheque for £1 still remains uncashed DOH!!!!

 

So tomorrow i will send again signed for & postal order as recommended,

 

So after this news & having looked around with your help, is the below ok to file before 4pm,

Many Thanks

 

 

Proposed Defence :

 

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Save insofar as it is accepted that a contractual relationship did once exist between the Claimant and the original creditor and save insofar as this Defence is filed without prejudiceicon to the Defendant’s position.

 

2. Paragraph 2 is denied I am unaware of any legal assignment the claimant refers to within its particulars and I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

3. Paragraphs 3 & 4 are denied with regards to any amount due under any agreement.

The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

On receipt of this claim

 

I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request

sent via 1st class post on 31/3/15 date.

 

Further to the above I sent Cabot Financial UK limited a section 78 request. sent via 1st class post on 31/3/15.

 

To date, neither Weightmans LLP nor Cabot Financial UK Limited are yet to furnish me with the requested information .

 

Therefore with the court’s permission the Claimant is put to strict proof to

 

a) show and disclose how the Defendant has entered into an agreement;

b) show and disclose how the Claimant has reached the amount claimed for;

c) show how the agreement was legally terminated to allow the claimant relief.

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.6.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by katyviolet09
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bullet 1., where did that come from...not needed

 

 

the rest is ok

 

 

but its not a good idea to use a cheque

sigs can be lifted to 'magic' up supposed paperwork.

 

 

you've sent the CCA/cpr, so no need to repeat them.

 

 

defence looks ok to me

but I'm not legally minded

if andy pops in all the better

if not file it by 3.50pm not before.

 

 

keep an eye on cag close to the time for any wise amendments.

 

 

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk,

Thanks for your help.

I have amended as below & hope Andy pops in and has a look, if not I will submit when advised.

I have not had a reply from Cabot or Weightmans, what concerns me is that my husband didn't send "signed for" only first class stamp so we have no proof they have received them.

Will it do any harm to send copys, stating that they are copies with a postal order for £1 in the CCA?

Regards

 

Particulars of claim

 

1. The defendant entered into a credit agreement described by the original creditor As Capital Oneicon Bank(europe) Credit Card-credit card

and having account number xxxxxxxxxxxxxxx(“the account”)

 

2. The claimant, a UK limited company with company number 3757424,

is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

 

3. The Defendant is indebted to the claimant of 3248.89

 

4. The claimant claims the said some of 3248.89 plus costs

 

 

*DEFENCE*

 

 

The Defendant contends that the particulars of claim are vague and

generic in nature.

 

The Defendant accordingly sets out its case below and relies on

CPR r 16.5 (3) in relation to any particular allegation to which a

specific response has not been made.

 

1. Paragraph 2 is denied I am unaware of any legal assignment the

claimant refers to within its particulars and I have no knowledge

of who the claimant is nor have I been provided with any Notice of

Assignment pursuant to the Law of Property Act 1925.

 

2. Paragraphs 3 & 4 are denied with regards to any amount due

under any agreement.

The Claimant/Solicitor has refused to disclose any agreement or

statements on which its claim relies upon.

 

 

On receipt of this claim

 

 

I requested information pertaining to this claim from the

Claimants Solicitors by way of a CPR 31:14 request sent via 1st

class post on 31/3/15 date.

 

Further to the above I sent Cabot Financial UK limited a section

78 request. sent via 1st class post on 31/3/15.

 

To date, neither Weightmans LLP nor Cabot Financial UK Limited are

yet to furnish me with the requested information .

 

Therefore with the court’s permission the Claimant is put to

strict proof to

 

a) show and disclose how the Defendant has entered into an

agreement;

b) show and disclose how the Claimant has reached the amount

claimed for;

c) show how the agreement was legally terminated to allow the

claimant relief.

d) show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

3. As per Civil Procedureicon Rule 16.5 (4) it is expected that

the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act and

Section 82A of the consumer crediticon Act 1974.6.

 

By reasons of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
Particulars added.
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look ok

 

 

don't worry about the CCA stuff

as long as you use the addresses on the claim

that's their problem.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

You need to address their point 1 of the particulars Liz.

 

Andy

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All submitted now so this is where I pray this legal thing scares me!!!

 

 

*DEFENCE*

 

The Defendant contends that the particulars of claim are vague and

generic in nature.

 

 

The Defendant accordingly sets out its case below and relies on

CPR r 16.5 (3) in relation to any particular allegation to which a

specific response has not been made.

 

 

1. Paragraph 1 it is accepted that a contractual relationship did

once exist between the Claimant and the original creditor and this

Defence is filed without prejudice to the Defendant’s position.

 

 

2. Paragraph 2 is denied I am unaware of any legal assignment the

claimant refers to within its particulars and I have no knowledge

of who the claimant is nor have I been provided with any Notice of

Assignment pursuant to the Law of Property Act 1925.

 

 

3. Paragraphs 3 & 4 are denied with regards to any amount due

under any agreement.

 

The Claimant/Solicitor has refused to disclose any agreement or

statements on which its claim relies upon.

 

On receipt of this claim

 

I requested information pertaining to this claim from the

Claimants Solicitors by way of a CPR 31:14 request sent via 1st

class post on 31/3/15 date.

 

 

Further to the above I sent Cabot Financial UK limited a section

78 request. sent via 1st class post on 31/3/15.

 

 

To date, neither Weightmans LLP nor Cabot Financial UK Limited are

yet to furnish me with the requested information .

 

 

Therefore with the court’s permission the Claimant is put to

strict proof to

a) show and disclose how the Defendant has entered into an

agreement;

b) show and disclose how the Claimant has reached the amount

claimed for;

c) show how the agreement was legally terminated to allow the

claimant relief.

d) show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

 

4. As per Civil Procedure Rule 16.5 (4) it is expected that the

Claimant prove the allegation that the money is owed.

 

 

5. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act and

Section 82A of the consumer credit Act 1974.6.

 

 

By reasons of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

Edited by katyviolet09
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the latter of your point 1 is rubbish

where did you get that from not here I'm sure!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

the latter of your point 1 is rubbish

where did you get that from not here I'm sure!

 

 

dx

 

Taken from one of my defences DX.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I always though without pred couldn't be used

 

 

sorry andy

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The original quote was ...

 

1. Save insofar as it is accepted that a contractual relationship did once exist between the Claimant and the original creditor and save insofar as this Defence is filed without prejudice to the Defendant’s position.

 

It depends in what context it is stated....

 

Save is to protect oneself or the contents of the defence and insofar ....to the degree or extent that.

 

Without Prejudice to the defendants position.....cannot be taken as the Defendants last word on the subject matter.

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hi Guys,

 

 

Received a letter from Weightmans LLP today.

 

 

Dear Madam,

 

We write further to our receipt of your defence and to confirm that we today have requested a copy of your Credit Agreement, together with terms & conditions, default notice, notice of assignment and statement of account, from our client. We will forward copies of these documents to you upon receipt of the same.

 

From the information provided upon our instruction, this account relates to a Capital One credit card which was incepted on 14th Jan 2004 and allocated card number xxxxxxxxxxxxx. We understand that due to a failure to make the agreed payments under the t & c of credit, the agreement was terminated on 11th Jan 2009 before being assigned to Cabot Financial Uk Ltd on 1st Oct 2009.

 

Should you require any further information during the interim, please do not hesitate to contact the writer,

 

Yours Faithfully

 

Weightmans LLP

 

Do I just continue to wait? or should I be doing anything right now,

 

 

Regards

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yep simply wait for them to

or not to

magic up an enforceable CCA and the right t&C's.

[can be fun with cap1 to for them to get the correct T&C's

 

 

next move is theirs

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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