Cabot/restons - claimform - old cap1 card 'debt' poss SB'd

[dx100uk]

moved to legals

 

 

please fill this out and post the results here:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

dx

[N_Just789]

Thanks dx for that.

 

Heres the info...Can I defend this?

Thanks

N

 

Name of the Claimant ? Cabot

Date of issue – 9/01/2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 27/01/2015 + 14 days to submit defence = 4pm 10/02/2015

 

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

 

The Claimant claims payment of the overdue balance due from the Defendant(s)

under a contract between the Defendant(s) and Cap1 (Europe) dated on or about ** ** 2001 and

 

 

assigned to the Claimant on ** ** 2007 in the sum of £1500

 

PARTICULARS a/c no ****************

DATE ITEM VALUE

****2014 Default Balance £1500

Post Refrl Cr NIL

Total £1500

What is the value of the claim? £1500

Is the claim for a current 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...Received a letter from OC but not from DP

Did you receive a Default Notice from the original creditor? A Statement of Default...Is that the same thing?

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Could not afford, relationship breakdown

What was the date of your last payment? According to DP: Jun 2007

Was there a dispute with the original creditor that remains unresolved? No

Am awaiting reply to SAR request. Also as earlier in thread have attempted to obtain reply to CCA request

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes in 2007

[dx100uk]

restons I take it?

 

 

 

 

create a user on MCOL

note the long number

then log in using those details

 

 

select AOS

and using the details from the claimform - ack the claim

 

 

defend all

leave just unticked

 

 

you've had the cca return [attached]

but we've yet to see the other set of T&C's

and we need a scan of that giro slip

one of two claiming payment in 2009]

 

 

redact them and scan them up please

 

 

dx

[N_Just789]

Hi dx and all

 

Restons it is!

Have done AoC and have attached the other T&C, slip and that piece of CAB paper they included.

Can I get help with defence as well?

 

Thanks

N

[panther12]

£2.12 & £4.24! They're rather odd amounts to pay or were you on somekind of DMP.

 

They are also saying that as I wrote a letter to them in 2009,

of which they also enclosed it is 'clear acknowledgement of my liabilty to repay the account'.

What's this letter and is it signed by you.

[N_Just789]

No DMP...I sought advice from the CAB for debts at that time

 

 

I had to sign that paper for them to obtain paperwork.

 

The payments am not sure as I don't have the paperwork for it,

 

 

have moved a lot of times,

 

 

bits are missing and had completely forgotten about it,

 

 

hence the original thought that I hadn't even paid it or ever made a payment.

[N_Just789]

Hi everyone,

 

I am having problems getting my SAR.

 

 

I sent the usual letter and blank PO and this was not good enough for the OC,

 

 

they sent it back requesting that I make it payable to them and

 

 

now they have again sent it back to me saying that they are refunding the £10

and not fulfilling request as I haven't signed the letter

and I need to send them a copy of passport/driving licence.

 

 

Is this normal practice?

 

Thanks

N

[dx100uk]

you must always sign an sar

 

 

have you moved since you took it out

 

 

if so list all old addresses

and inc a copy of your current CTAX bill

 

 

dx