Urgent Help! Cabot have issued County Court Order

[The Mould]

It was my card only. As we were married he used to the card on occasions. I moved to NZ for two years when I came back late last year I wasn't made aware by any statements or letters from Capital One that there was any monies outstanding. Ex is somewhere abroad ;-( No I really do not know what I am doing. I know I am clutching at straws in the hope that I have either been misold the C/Card in the first place (another new thing to come about lately) or Cap One have no signed agreement for the C/Card in the first place. I could offer some payment per month if all else fails and I would rather do that than run up more debt...ie) fees

Desperate to get this sorted though.

 

Thank you for that Cheekypomme

 

In that case you should open a dialogue with the claimant or his solicitors acting and start negotiating a repayment plan that is within your means to settle this matter, if there is any ppi on the contract you can insist that the same be deducted from the balance in order to reduce your liability.

 

You should chase your ex husband up and demand that he start acting like a man and face up to and honour his responsibilities, he used some of this credit and therefore he should bloody help you and repay the debt.

 

Think long and hard about defending if you really do not have a defence since it will cost you further in the long run which in turn will cause you to suffer more than you are suffering right now.

 

Kind regards

 

The Mould

[Cheekypomme]

Hi, Yes you are correct, the Claim Form is from Northampton. There was no agreement copy of or otherwise attached to the Claim Form, just a 'means' form for me to fill in to arrange payment/payments. You are welcome to view the POC.

Thanks ;-)

[Cheekypomme]

Andy, you are welcome to view the POC how will I send this to you?

[AndyOrch]

You don't send it, just type it here verbatim (take out any personal data account numbers/ amounts)

[Cheekypomme]

Ah right....as I said all new to me.... I will do this when home from work later this eve....Thanks Andy ;-)

[AndyOrch]

No probs

[Cheekypomme]

POC states:

 

The Claimant is the Assignee of a Debt from Capital One ref xxxxx

Notice of Assignment having been given to the Defendant in writing.

Despite demand for payment £10933 remains due.

The Claimant claims this and interest amount £11223 under s.69 County Courts Act 1984 and costs.

 

This is signed Morgan Solicitors for Cabot Financial

Claim Form states Northampton County Court Bulk Centre

 

What came with it:

Response Pack Letter, ie) Acknowledgement of Service

Admission Letterinc 'Means' form

Defence & Counterclaim

[Cheekypomme]

POC states:

 

The Claimant is the Assignee of a Debt from Capital One ref xxxxx

Notice of Assignment having been given to the Defendant in writing.

Despite demand for payment £10933 remains due.

The Claimant claims this and interest amount £11223 under s.69 County Courts Act 1984 and costs.

 

This is signed Morgan Solicitors for Cabot Financial

Claim Form states Northampton County Court Bulk Centre

 

What came with it:

Response Pack Letter, ie) Acknowledgement of Service

Admission Letter inc 'Means' form

Defence & Counterclaim

[AndyOrch]

POC states:

 

The Claimant is the Assignee of a Debt from Capital One ref xxxxx

Notice of Assignment having been given to the Defendant in writing.

Despite demand for payment £10933 remains due. Letters before action or Default Notice

The Claimant claims this and interest amount £11223 under s.69 County Courts Act 1984 and costs. What interest? They calculating the sec.69 interest in the total before judgment:!: The debt is £10993.

 

This is signed Morgan Solicitors for Cabot Financial

Claim Form states Northampton County Court Bulk Centre

 

What came with it:

Response Pack Letter, ie) Acknowledgement of Service

Admission Letter inc 'Means' form

Defence & Counterclaim

 

Ok Cheeky

 

Red are what they have referred to so CPR 31.14 for them docs, blue are my concerns and the claimants errors.

 

Regards

 

Andy

[Cheekypomme]

Hi Andy,

Received no default notice from Capital One, only letters from Cabot demanding the money.

 

Interest amounts to Court Fee £190.00 & Solicitor Costs £100

 

How do I do a CPR 31.14 ( sorry never heard this term before so don't know where to look) gosh this is complicated

[AndyOrch]

Ok take a read here it explains how to use the CPR 31,14 in partic:- Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

 

You need to modify your request slightly by inserting a request for an extension (28 days) to submit your defence pursuant to CPR 15.5 if they are unable to comply with your request within your specific time frame and that they confirm this in writing to you in the event that they do fail to respond to the CPR 31.14

 

RE the Default i appreciate CAP may never of defaulted you (have you checked your credit files?) but within their plea they state " Despite demand for payment "

now i assume that to be either a Default Notice or Letters before Action from their Sols allowing 14 days to discuss payment arrangements.If neither then they have also failed to comply with Pre Action Protocol.

 

Write with your CPR 31 request and ask for a copy of the agreement/ assignment/ Default Notice/ Letters before Action and statements of account.Send recorded delivery and print name (no signature)

 

Ok for now Cheeky?

 

Regards

 

Andy

[Cheekypomme]

Hey ;-)

 

I did the MCOL online via moneyclaim.gov.uk there was a password on the Claim Form, to acknowledge which I'm on the understanding gives me 33 days from date of letter.

Re Default: Cabot kept sending me letters to pay the 10k (nothing from Capital One) when I phoned all they were interested in was when could I pay it, so I ended up ignoring all other letters from Cabot....I know I shouldn't of done, grrr!

I have sent the sec 78 request letter today together with the £1 PO and sent this Recorded Delivery.

Should I now send the CPR 31?

Gosh is it bedtime yet, lol .... well out of my league here

[Cheekypomme]

Hey Got a reply today from Morgans/Cabot Financial re my request under section 77 & 78 of the Consumer Credit Act 1974. This is what it says...

The Claimant shall provide a copy of the requested documentation when a copy is provided by the Assignor. On assignment, the Assignor retains certain documentation relating to assigned Accounts. We must request copies when they are requested or required. These documents are often archived and can take some time to retrieve. Once retrieved, we shall provide copies to you.

We return your postal order for £1.00 to you, as is our current practice.

We trust this assists you. We now look forward to you contacting us with a view to clearing your account balance in the meantime and to reach a Without Prejudice settlement. You are invited to contact our office on a Without Prejudice basis in order to discuss the matter and provide details of your proposals for payment.

 

Do I now wait to hear back regarding the documents, do I send CPR 31??

Sorry to be such a pain in the butt

Totally appreciate your help .....

Cheeky

[AndyOrch]

They have returned your payment so they are not bound by your request (or so they think) retain that letter and response they are in default until they comply.

Cheeky I would have thought the CPR would have already gone on the 6th Oct what are you waiting for the clock is ticking and so is your defence date.

 

Andy

[Cheekypomme]

They have returned your payment so they are not bound by your request (or so they think) retain that letter and response they are in default until they comply.

Cheeky I would have thought the CPR would have already gone on the 6th Oct what are you waiting for the clock is ticking and so is your defence date.

 

Andy

Oh no! I will get onto this tonight Andy...hope I can follow what to put on the CPR with the guidelines you sent me ;-(

Work been manic, no defence I know!

Thank You!!

[Cheekypomme]

UPDATE ... Firstly Morgans replied ... here's what they put...

We write with regard to your CPR31.14 request dated 26th JANUARY 2011... Erm it was NOVEMBER

You will note that CPR reads:

1) A party may inspect a document mentioned in -

a) a statement of case;

b) a witness statement;

c) a witness summary; or

d) an affidavit

e) Revoked

You will note that the Claimant has not referred to "the agreement" "the assignment" "the default notice" "the termination notice" "(any other documents mentioned in the Particulars of Claim)" within any of the above mentioned documents.

We shall endeavour to provide you with copies of any of the documents referred to above which are pertinent to the issues in the case at the standard Disclosure stage in proceedings.

We note that you have failed to file a Defence in these preceedings.

 

WHAT DOES THIS MEAN????? DO I NEED TO DO ANYTHING ELSE???

 

Much appreciate your help ;-)

[CBR600F]

You need to geta defence in.You can do this using the moneyclaim's website.

Hopefully someone with a bit more experience will be along to further help.

I know Cabots/Morgans they probably have not got all the paperwork they need but they will try for a County Court judgement anyway.

Morgans are approacheable(best via a 3rd party) and you may be able to come to a mutually agreeable settlement figure, that you can pay off, interest free, over say ten years.

I did, it saved me a CCJ, CO,interest and a whole load of stress and also saved me 6k. But I was only able to do that as I am now earning whereas 12months ago I was competely broke and about to lose my house....

Edited December 9, 2011 by CBR600F
Formatting

[CBR600F]

Cheekypomme,I have alerted the site team to your plight.

[citizenB]

Cheekypomme. I pm'd you with a link to a new thread. I didnt realise that you already had a thread running. So both these have now been merged.

[citizenB]

UPDATE ... Firstly Morgans replied ... here's what they put...

We write with regard to your CPR31.14 request dated 26th JANUARY 2011... Erm it was NOVEMBER

You will note that CPR reads:

1) A party may inspect a document mentioned in -

a) a statement of case;

b) a witness statement;

c) a witness summary; or

d) an affidavit

e) Revoked

You will note that the Claimant has not referred to "the agreement" "the assignment" "the default notice" "the termination notice" "(any other documents mentioned in the Particulars of Claim)" within any of the above mentioned documents.

We shall endeavour to provide you with copies of any of the documents referred to above which are pertinent to the issues in the case at the standard Disclosure stage in proceedings.

We note that you have failed to file a Defence in these preceedings.

 

WHAT DOES THIS MEAN????? DO I NEED TO DO ANYTHING ELSE???

 

Much appreciate your help ;-)

 

 

In answer to the above, they are correct, if the document isnt mentioned in the Particulars of claim, then it cannot be requested under CPR31.14.

 

You will need to obtain the document by other means.. eg.. a CPR 18 request.

 

I will try and find an example for you.

[citizenB]

OK, here is an EXAMPLE of a CPR18. Please do not copy the content unless it mirrors your situation.

 

This is how a Part 18 request should look..

 

 

 

xx

Your Name

Your Address

IN THE XXXXXXXXX county court

CLAIM NO:

BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant)

　

Please answer the following questions:

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:

a] Upon what date, for what amount and what was the date for remedy of the breach?

b] Was the issuance of the Default Notice noted in the communications log?

4. Does the amount claimed include charges, and if so what amount?

　

　

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

 

 

 

 

 

 

You will see you are asking for information in the form of a question. Once they respond if they confirm they have a document or did something with it.. then you can jump in and request a copy.

 

HTH