Urgent Help! Cabot have issued County Court Order

[The Mould]

A few months ago I received letters relating to £10,000 debt to Capital One Credit Card. Upon research I found out that it was my husband who spent this money but the card was in my name. We are not together anymore, I informed Cabot this but they stated I was the card holder so I have to pay, even though my ex husband has agreed to go to Court to state this. The debt was from 2008 and up until some weeks ago there has been no letter regarding this, certainly nothing from Capital One.

Is it too late to ask for original Credit Agreement? I have 14 days to fill in the claim form and send back.

Please advise what should be my next step!

 

How did you take possession of the credit card?

 

Kind regards

 

The Mould

[The Mould]

I can send copy of POC to you?

I have been online (MCOL) to acknowledge the claim which gives me more days.

I don't ever remember filling in details for the Capital One Card, but I do remember using it in the past, not to the tune of 10k but at least husband owned up to that part. They have never sent me any letters of default on payment I just received the letters from Cabot stating that this debt is from 2008.

I have done the sec 78 request letter and got the £1 PO ready to send by Rec Delivery.

 

Cheekypomme

 

Do you know if your husband (ex) received any statements or default notices?

 

It would appear that you were named in the contract as an additional cardholder and therefore the creditor can pursue you or your husband for the sum outstanding and this is regardless of whether you spent the majority of that credit or not.

 

Your husband is clearly the bast**d and so you ought to try and encourage him to do the right thing and ask him to communicate with the creditor in order to try and resolve this matter by way of your husband's proposals to repay the debt. What are you going to defend with? If you defend when there is no defence to be raised you will incurr the claimant's legal costs in the recovery action being awarded against you that could amount to a minimum of an additional £3-£5k on top of the debt already owed!

 

You have used the card and therefore you have knowledge of the account, do you know what you are doing?

 

Kind regards

 

The Mould

[The Mould]

I can send copy of POC to you?

I have been online (MCOL) to acknowledge the claim which gives me more days.

I don't ever remember filling in details for the Capital One Card, but I do remember using it in the past, not to the tune of 10k but at least husband owned up to that part. They have never sent me any letters of default on payment I just received the letters from Cabot stating that this debt is from 2008.

I have done the sec 78 request letter and got the £1 PO ready to send by Rec Delivery.

 

Cheekypomme

 

Do you know if your husband (ex) received any statements or default notices?

 

It would appear that you were named in the contract as an additional cardholder and therefore the creditor can pursue you or your husband for the sum outstanding and this is regardless of whether you spent the majority of that credit or not.

 

Your husband is clearly the bast**d and so you ought to try and encourage him to do the right thing and ask him to communicate with the creditor in order to try and resolve this matter by way of your husband's proposals to repay the debt. What are you going to defend with? If you defend when there is no defence to be raised you will incurr the claimant's legal costs in the recovery action being awarded against you that could amount to a minimum of an additional £3-£5k on top of the debt already owed!

 

You have used the card and therefore you have knowledge of the account, do you know what you are doing?

 

Kind regards

 

The Mould

[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