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  1. 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
  2. Hey there, I have been an avid reader of these forums for some time but never had anything of relevance to contribute until now. I have received a CC from the Northampton CCBC and below is the current status. Received a claim? Yes Issue Date: 21-5-2015 Amount approx: £528.59 Claimant: Cabot Financial UK Limited Solicitor: Weightmans LLP Original Credit: Vanquis Particulars of Claim: 1. The Defendant entered into a credit agreement described bt the original creditor as VANQUIS-CREDIT CARD and having account number XXXXXX ('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 in respect of the account in the sum of £528.59 4. The Claimant claims the said sum of £528.59, plus costs. Stat Barred? No I have done the following and provided a timeline as I know I am time limited by the court procedure. Time line 25/05/2015 - Received CC from Northampton CC Business Centre 25/05/2015 - Logged on to MCOL and acknowledged and disputed the claim 29/05/2015 - Wrote and sent a CCA request to Cabot requesting a copy of the original credit agreement. 01/06/2015 - Wrote and sent a CPR 31.14 request to Weightmans LLP requesting a copy of all documents they have regarding this case. 03/06/2015 - Received letter from Cabot Financial stating that they do not have the documents on file and will take approximately 40 days. 05/06/2015 - Received letter from Weightmans LLP stating they have requested the documents. So in summary; sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request Other info: I don't have any knowledge that I can recall ever taking out a credit card with Vanquis. However I have checked my credit file. According to the records, it was started on 08/05/2007 and they are on there as a default since 31/03/2010I have attached all copies of documents I currently have. Any advice, hints tips etc... would be very much appreciated. [ATTACH=CONFIG]57941[/ATTACH][ATTACH=CONFIG]57940[/ATTACH]
  3. Hi Everyone Would really appreciate some help with this matter. About a week ago I received a claim form from Northampton County Court originally dated 22 May 2015. The reason I only received it now is because I have recently moved and despite setting up a redirection service with Royal Mail, this letter was delivered to my previous address. The particulars of claim on the claim form are as follows: 1. The Defendant entered into a credit agreement by the original creditor as Capital One Bank (Europe) - credit card and having account number xxxx ("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 owner of all rights previously enjoyed by the original creditor in respect of the account. 3. The defendant in indebted to the claimant is respect of the account in the sum of 1246.58 4. The Claimant claims the said sum of 1246.58, plus costs The Claimant on however is down as Cabot Financial UK Limited and the solicitor I guess is Weightmans LLP I have done the following: 1. Submitted acknowledgement of service on 25/06/2015 2. Submitted a request for extension to file a defence to the court due to the claim form being delivered to the wrong address on 29/06/2015 3. Sent a standard statute barred letter to Cabot Financial services via recorded delivery, cc'ing Weightmans on the 25/06/2015 4. Sent a standard CPR 31.14 letter to Weightmans, cc'ing Cabot on the 25/06/2015 To my knowledge, I have not made any payments or had any correspondence regarding this debt in at least the last 6 years although it could be closer to 10 years. I received a letter back from Weightmans dated 29/06/2015 stating the following: In response to your Civil Procedure Rules (CPR) 31.14 request, we advise you that this claim is likely to be allocated to the small claims track. Under the CPR, for which we enclose a copy of Part 27 CPR for your perusal, you will note that CPR 31 does not apply to the smalls claims track. As such, should you proceed to make an application on the basis of CPR 31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing. Please note that once directions have been provided by the Court to take the matter to trial, a deadline will then be provided for the partied to disclose all documents which they will seek to rely on at trail, which are likely to include some, in not all, of the documents listed above. You will therefore be in receipt of all documents relied upon in advance of any subsequent trial. With regard to both your CPR 31 request and your argument that the debt is statute barred, should you with to defend this claim to trial you must fine a defence to proceedings, in accordance with CPR 15.2. As you will be aware , the specified time for you to file you defence has expired. This said our client is willing to provide you with an extension of 14 days. Please ensure you notify the court of the same, in writing, in accordance with CPR 15.5 In the event that you fail to do so, our client could request a default judgement be entered against you pursuant to CPR 15.3 and CPR 12.3 Please note, in the event that you fail to file a defence within the specified time period, resulting in our client obtaining a default judgement against you which you later seek to have set aside, we will draw the contents of the correspondence to the Court's attention bot in opposition of your application to have the default judgement set aside and on the issue of costs. My question is what do I do now? I don't have any documentation for this account any longer (if it was even mine!). Do I file a defence as they say I should and wait to see what documentation they have.... Any help with this would be greatly appreciated. Thank you Stefanie
  4. hi to all, this is first post and if ok will try give shortest version for you advice etc. I had a overdraft of 2k with cbank in 2010 I started having health issues and ended up out of work during next few months, at this time I had explained to bank who weren't interested. also at time trying to claim back unfair bank charges. it was getting to the stage I could no longer stay afloat and although now at 2012 I had paid the debit interest since 2010 to stay under my 2k limit the bank refused to help even by freezing interest, I told them I cannot pay. this took me over the limit and I left as waiting to see if bank would pay back unfair charges which would clear the overdraft but they did not. they refused to look at us under hardship terms although we were always in debt and really struggling, a few months went by and I got the odd letter fron debt agency and to be honest can't remember if it was cabot at time never the less time went on and although I had told cabot I did not except the debt and it was wrong in my opinion that the bank had sold to them a disputed account. it seems april 2012 that the balance was paid off but no mention on statement by who, cabot told me they took over on sept 2012. now. earlier this year 2015 I started getting more letters of demand by cabot including offers to pay a reduced amount but through principle my debt was with Clydesdale who I still believe due us and there was no way I was going to pay cabot who I guess bought my debt for a lot less than 2k. moving on I then started getting letters from weightmans and threats of taking to court, it was now at this stage I decided yes take me to court maybe I can explain and see what happens. now at stage where cabot had started cout proceeding via mc online and jumping ahead now have date to appear court which is later this month. I did get notices and unsure of what to do I kind of put my own defence which looking at some here was very crap. but they offered mediation I decided not to and then a few days ago sent as instructed a copy of defence paperwork to court and weightmans it was 2 days after that I received a basic letter from weightmans stating " by way of service,we enclose a notice of discontinuance filed and served at court today on behalf of the claimant" along with the letter is the notice and not knowing what is it says to the court the claimant xxxxxxx all blanked out, discontinues all of this claim xxxxxxxxx blanked out and against the defendant xxxxxxxxx big sentence blanked out and finishes I certify that I have served a copy of this notice on every other party to the proceedings. firstly I assume whatever I had done in my defence it worked, and does this mean its over? can they try again? and if so what should I be looking at doing? many thanks for your help
  5. Hi. I have a debt with Cabot that I have been paying since November last yr. I got a letter from Cabot and Marlin in the same envelope last year saying my debt has been handed to Marlin to administer on BEHALF of Cabot. Needless to say I just continued to pay Cabot direct not Marlin. Now Marlin have got Weightmans LLP involved also who are working on BEHALF of their client which is Marlin who in turn are working on BEHALF of Cabot. Weightmans are accepting my pay terms, however I have been paying Cabot. Sooooo my question is who the hell do I continue paying? Should I write to Marlin and Weightmans stating I am paying Cabot (which they must know anyway). Don't want to get into a long winded battle just want to pay off my debts (having a fair few others too being paid) and I know who I owe to. Should I just refer payments to Weightmans now or is their a valid legal reason to continue paying Cabot as I have been. Thanks kindly.
  6. Hi all I sent a CCA letter to Barclaycard with the £1 cheque on the 1st Nov 2007, and have had a reply back today. I would really appreciate some advice on the Agreement attached as I am currently out of work and can't keep up the payments. Mercers are harrassing me with calls and letters. Thanks, MC Barclays CCA.pdf
  7. Have received another letter from Marlins this time wishing to let me know that since they have had no response from me they have now been instructed to move my alleged debt over to Weightmans for consideration. As it is £19k from a Lloyds loan I am expecting them to go after it heavily. I am trying to head them off and have sent a CPR31.14 to Weightmans this week as at the moment I don't know who to send the CCA request to Weightmans have already gone down the Court route for another debt so I'm expecting them to do the same with one. Is it worth sending an SAR to Lloyds as both my loans with them have ended up with Wightmans or should I wait and see what the sols come back with:?: Any advice greatly received.
  8. Hi, It seems Weightmans have taken it upon themselves to chase a a debt from 2002/3 they've presumably bought from Equidebt. I have never paid or acknowledged the debt, with the only contact being a CCA to Equidebt in June 2007. It's the usual stuff, threats of County Court proceedings, Petitioning for my bankruptcy etc.. I assume therefore this is: Statue barred In breach of CCA (already in default as CCA not provided) and therefore unenforcable I wonder why they're contacting me now, is there any evidence of dca's trying to "re-set the clock" on statute barred debts by writing threatening letters now I wonder? I assume a CCA, as it's intended to do exactly the opposite doesn't do this? I was gonig to respond with: SAR to Equidebt A letter to Weightmans explaining that Equidebt are already in default of a request to supply a true copy of the CCA, encloseing the a copy of the letter below, and also mentioning that the debt is statute barred. Is there anything I'm missing or any further advice anyone could give me? Cheers, Dunnie1 Verification required ofAlleged Debt I do not acknowledge ANY debt toyour company. I require you to supply the following documentation before I willcorrespond further on this matter. 1. You must supply me with a true and original copy of the allegedagreement you refer to. This is my right under your obligation to supply acopy of the agreement under the legislation contained within s.78 (1) ConsumerCredit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extendsto providing a statement of account. I enclose a £1 postal order in payment ofthe statutory fee, PO Serial Number 08358149. Iunderstand that under the Consumer Credit Act, creditors are unable to enforcean agreement if they fail to comply with a request for a copy of the agreementunder these sections of the Act. 2. A signed true copy of the deed of assignment of the above referencedagreement that you allege exists. 3. You are notified that you areobliged to supply these documents, whetheryou are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request isa criminal offence under the above Act and will result in a report beingsubmitted to the relevant statutory authorities. As you are aware, a creditagreement that is not properly documented and signed by the customer is totallyunenforceable under the CCA and therefore is a complete defence to any courtclaim that is issued. Take note at this stage, that anylegal action you may contemplate will be both vigorously defended and contestedand consider this matter to be “in dispute”. YoursSincerely,
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