Thanks Andy, so this would force cap1 to reveal all the information they have on me including the tomlin order and you think i should do this.

Sorry been away working for a few days, thanks for your reply's, I am still trying t find the schedule which the tomlin order requires to comply with the terms of the schedule so I am going to have to get in the atic and check up there. I have had a reply from Restons solicitors which they have returned my CPR request. Letter as Follows. " Please find enclosed a draft letter which purports to come from you but which is unsigned ." " You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to see it." " Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response" What a cheek , I dont know who they are!! Thanks Panther12 for your reply , I agree as it was between cap 1 and myself so cannot see how it has anything to do with cabot and don't believe they can use it against me, well I hope. What is a SAR?

Yes Cap 1 are the original claimant on the claim form, carter are their solicitors as on the original claimform. However I only dealt direct with cap 1 after I contested the fees and charges in my defence to the court. Sorry my scanner is broken at the moment so cannot upload but I am sure. Thanks both of you for your help

Andy, I have found both the Tomlin and original claim from the court, tomlin dated around oct 11 and states. 1) All further proceedings in this claim be stayed except for the purpose of carrying out the terms of the schedule to this order. 2) The parties be granted permission to apply to give effect to the terms of the schedule to this order;and 3) No order to costs. The court claim was originally made in early Nov 2010 for almost £2100, sadly I cannot find the schedule to the Tomlin, still looking but I did make two payments to this direct to capital one, It does state that It would go back to Bryan carter but I never heard any more from them. CPR31.14 SENT TO RESTONS ON 15TH FEB CCA SENT TO CABOT 16TH FEB MANY THANKS

Hi Andy, thanks for the reply which is very interesting as I was wondering about the tomlin order. I would think that cobot do not know about it anyway, but that is of great piece of mind anyway, thankyou. I really did try my up most best to sought my debts out at the time but these nasty DC were so nasty and horrible I had to decide that enough was enough, many of the payments I did make to them did not go off my debt according to my CF.

thanks DX100, Have prepared both the CPR 31.14 and CCA today so will post on Registed post on Monday, Just been looking back through the claim form and don't understand what they mean by " POST REFRL CR NIL! Any ideas anyone ? Many thanks.

Name of the Claimant ? Cabot Financial uk ltd Date of issue – . 05 feb 2016 What is the claim for – . Claimant claims payment of overdue balance due from the defendents under a contract between the defendent and capital one dated on or about ----2006 and assigned to the claimant on sep 2015 What is the value of the claim? £1150 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? 2006 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? no just a letter from capital one saying that account has been sold and have nothing else do do with it. 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 ? no Why did you cease payments? out of work What was the date of your last payment? late 2011 Was there a dispute with the original creditor that remains unresolved? no

It was Capital one, they were all gun ho at the beginning but backed off when I disputed all the charge on the account, I have some of the original paper work but I am still looking., thanks

Hello everyone , I need some help regarding a small claims court claim from cabot and a old capital one credit card. Cap1 took me to court back in 2011 , but it never went to court in the end as I settled with them the day before by signing a Tomlin Order, I did make two payments in regard to the order however both these payments went missing as I payed by cheque , in each case the cheque was cashed and my bank confirmed they had cashed it !!, I gave up with them and have not heard anything from them since. I did dispute the balance with the original creditor and they agreed to take off all the charges off. I want to dispute this claim in full and would hope some members here could offer some advice, I guess the first step is to do a "acknowledgement of service" with the court and then send a CCA request to cabot Any advice would be helpful , thankyou.