Cabot/mortimer - claimform - Old CAP1 Card 'debt'***Claim Discontinued***

[MadMat]

I have just received a county court summons for an old capital one credit card.

 

I'm pretty sure no CCA exists for this debt

- certainly all I ever remember signing was one of the postcard style application forms Cap1 were using at the time.

 

 

So I intend to defend on that basis.

 

Who do I send the demand for a CCA copy to? Cap1,

the debt collectors named as the claimant on the claim form,

or the solicitor named on the claim form.

 

Also, it's possible that this debt is statute barred,

the default on my credit file is 5 years and 5 months old,

is there any way to find out when I last made a payment on this account?

 

TIA

 

Mat

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

If you could read and complete the above and post your responses here to enable the correct advice on proceeding.

Edited January 22, 2015 by Andyorch
addition information inserted

[MadMat]

That post is asking for a lot of info I'm not keen on posting, it's more than enough for the solicitor / debt collector to be able to identify me!

[dx100uk]

1000's have already done it read the threads here

 

 

 

 

you need to stop faffin around and get moving.

 

 

dx

[lloyds_cabot_restons]

1000's have already done it read the threads here

 

 

 

 

you need to stop faffin around and get moving.

 

 

dx

 

Would agree- it`s not that difficult- and there is lots of help on the site

 

Research is the key- as there are lots of other Caggers posting through threads where they are fighting their cases

 

If you`re posting the relevant info from your case- all pers info can be blanked out

[MadMat]

Name of the Claimant ? Cabot Financial Ltd

Date of issue – 14th Jan 2015

What is the claim for

 

“By an agreement between Capital One and the defendant on or around 27/05/2004

Cap1 agreed to issue the defendant with a credit card upon the terms and conditions set out Theron.

In breech of the agreement the defendant failed to make the minimum payments due &

the agreement was terminated.

The agreement was assigned to the claimant. “

What is the value of the claim- total 940

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 2007

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. CABOT

Were you aware the account had been assigned – did you receive a Notice of Assignment? No and no to the best of my recolection

Did you receive a Default Notice from the original creditor? I think I did, not 100% sure. Had a lot of issues going on at the time

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

Why did you cease payments? Unemployment

What was the date of your last payment? Unknown

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

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

 

 

Yes, briefly, got a very unhelpful and unsympathetic response,

so focused on priority debts and the creditors that were willing to work with me to solve my problems.

[lloyds_cabot_restons]

27th Jan is the last date for you to ack the claim- through:

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

That`s your first action

[MadMat]

The acknowledgement has already been done, it's the CCA request I'm a bit stuck with, I have no account details or references anymore, all I have is the claim number. Who do I send it to and how do I phrase it? The sample in the library seems to need an account number.

 

Mat

[dx100uk]

CCa request

 

 

goes to the CLAIMANT - the account number will be that of your old cap1 card

 

 

CPR goes to the sols from the claimform

 

 

that's in the legal section of the top left green library tab.

 

 

dx

[dx100uk]

who's the sols? restons?

 

 

go get your credit file

that should tell you your last payment?

[MadMat]

I don't know my old cap1 credit card number! The only paperwork I have for this account is the claim form.

And my credit reference doesn't show any payments at all on this account.

 

Mat

[MadMat]

Solicitors are Mortimer Clarke ltd

[dx100uk]

account number - with ref to court claimform number XXXXXX

[MadMat]

CCA and CPR requests both sent first class recorded.

Also ordered a full statutory credit report from Experian, it might have more info than the online noddle one I've been using.

 

Anything else I should be doing at this stage?

 

Mat

[dx100uk]

wouldn't hurt to ring Cap1 and see if you can confirm last payment/use?

 

 

then get that sent in writing?

 

 

dx

[MadMat]

Both letters delivered and signed for today

 

Didn't get time to call Cap1, will try again tomorrow

[oleg]

If you do call C1 make sure to write down the account no..

 

 

If you sent off your CCA request with only a court claim no.

 

 

I will not be surprised if they tell you they need the account no..

[MadMat]

Been a week since the letters were signed for, thought I needed to check in!

 

I've had no reply to either letter

 

Have got a full experian credit check back.

 

 

there are no records of any payments on this account at all.

 

 

in fact there is no record of a Cap1 card at all,

 

 

only the default and subsequent (non)payment history under Cabot.

 

 

Could that mean it's statute barred?

 

Had no luck calling Cap1,

 

 

they say the can find no details of that account,

 

 

all they can find with my details is my current Luma card.

 

Mat

[dx100uk]

that's what happens when a debt is sold

 

 

the OC's name is replaced by the debt buyers.

 

 

dx

[MadMat]

Had a reply to the CPR request from Mortimers, seems to be a stock letter as i've seen it posted on several other threads - they are going to ask their clients for instructions, and are very kindly offering me an extension on the deadline to file my defense.

 

Mat

[AndyOrch]

Decline their offer and submit by the initial date.

 

Andy

[MadMat]

That was my thought too Andy - why give them more time to get their paperwork in order!

 

Mat

[AndyOrch]

[MadMat]

And today a reply to the CCA request from Cabot arrived, again appears to be the standard stock letter they use - "Cabot financial does not have this information on file, we will request it from the original lender, you'll have a reply in 40 days."

 

Mat

[AndyOrch]

Tick tock.....