Cabot/Restons claimform - old Cap one debt***Claim Discontinued***

[linzi2011]

Hello this is going to be a really rushed thread because I decided to try and go this alone,

but think I have made lots of mistakes

 

 

I had a claim form through with the claimant: Cabot Financial (uk) Limited

with the address for sending detail as: Restons Solicitors Limited

 

 

I asked the court and they said all documentation and payments needed to be sent to Restons. I sent my CCA request there to which I have received this reply:

 

 

Dear Madam

 

Please find enclosed a draft letter which purports to come from you but which is unsigned.

 

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

 

Please ensure that all documentation is signed failing which we will not acknowledge receipt not provide any response.

 

Yours Faithfully

 

Mr S Bray, Litigation Executive

pp Restons Solicitors Limited

 

 

I think i have not only messed up by leaving it so late....my defence is due tomorrow,

but the court recommended i send it today, but also by only sending a CCA request and nothing else.

 

 

I spoke to Restons on the phone and they said i should have sent the CCA request to Cabot not Restons.

 

 

Have i also messed up there?

 

 

The court said that if a company has a solicitor working on their behalf then all correspondence

and any payment should go though them.

Although there was no mention of this in the letter,

Restons only told me that on the phone!

 

If there is anyone there ASAP that could help with what to write in my defence,

 

 

which I have to fill out today,

 

 

i would be forever grateful. Or do i even have a defence now??

thanks in advance

 

 

Linzi x

[theoldrouge]

please read this and answer as fully as possible for starters

 

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

[linzi2011]

I forgot to add the particulars of the claim in a rush to get this posted, sorry.

 

 

The Claimant claims payment of the overdue balance

due from the Defendant under a contract between the defendant

and Capital One dated on or about Nov 10 2007

and assigned to the claimant on Mar 29 2011 in the sum of 351.48

 

 

Particulars a/c no 4**************5

 

 

Date Item Value

17/12/2014 Default balance 351.48

PostRefrl Cr NIL

TOTAL 351.48

 

Also is in my maiden name..

 

 

..i have been married for 7 years

 

 

but according to Cabot it isn't statute barred until August grrrrr lol

[linzi2011]

Cabot is the claimant

The original creditor was capital one and it was a credit card

I don't have any of the paperwork so i'm not sure if i received a default notice or statutory notices headed “Notice of Default sums” – at least once a year.

 

 

sorry for not including it before. I was thinking maybe I don't have a defence now as i haven't sent the CPR request only the CCA. Is this and the above post enough information?

 

 

thanks

Linzi x

[linzi2011]

I neither admit or deny and have no recollection of any agreement.

 

I have no recollection of the debt to be assigned/purchased.

 

I have no recollection of any agreement with Capital One.

 

I have sent the claimant a CCA request, which they have failed to provide.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

Until such time the Claimant can comply with my request for a copy of the agreement it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Is this any good for my defense? I need to get it sent off tonight as it has to be there by tomorrow

 

 

Linzi x

[citizenB]

Site team are aware, hold off submitting for a while and someone will look in on you later on .

 

Can you please let us know the date of issue of the claim - top right hand corner of the claim form.

[linzi2011]

ok thank you citizenB. The date of issue is: 9th Jan 2015. I did phone the court earlier to double check the date i had to get the defence in by

 

 

Linzi x

[citizenB]

Indeed, midnight tonight, 10th February.

[linzi2011]

Yes, which is why i am now panicking lol, i was fine until they sent my CCA request back. Planned on sending my defence earlier this afternoon. Still not clever enough to go it alone...i can be stupid at times ha.

 

 

Linzi x

[monk_fish_]

Sorry to hijack this thread. Can anyone confirm a Notice of Assignment must be sent by original creditor or legal assignee. Am i Right in thinking an NOA cannot be issued by an equitable assignee? Court hearing in 2 days!

[linzi2011]

Is there anyone online that could let me know if the defence I wrote in an earlier post will be sufficient for this claim please? I only have until 23.59 to get my defence completed and sent off.

 

 

thanks

 

 

Linzi x

[dx100uk]

Sorry to hijack this thread. Can anyone confirm a Notice of Assignment must be sent by original creditor or legal assignee. Am i Right in thinking an NOA cannot be issued by an equitable assignee? Court hearing in 2 days!

 

 

go start a new thread

 

 

of your own.

 

 

dx

[Craigbadger]

Sorry I can't advise, sure someone will come along soon enough.

 

edit. There you go.

[dx100uk]

Is there anyone online that could let me know if the defence I wrote in an earlier post will be sufficient for this claim please? I only have until 23.59 to get my defence completed and sent off.

 

 

thanks

 

 

Linzi x

 

 

actually it was 4pm ideally

 

 

lets have a look.

 

 

back later when I've read things.

[linzi2011]

Thank you dx100uk. I stupidly thought I could do it all myself, how wrong was I?! Sorry for making this a rushed thread.

 

 

Linzi x

[dx100uk]

cant see how you made this mistake

you've already been in court at least once

and recent!!

 

 

is this the same debt please?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?77400-Lyndsey-v-Capital-One-issued-N1-for-charges-reclaim

[linzi2011]

I honestly don't know, looking at the date i would have to presume it is the same debt.

 

I have done this recently, and successfully which is why i thought i could handle it myself,

 

 

that was until i received the letter mentioned in an earlier post in this thread, just after dinner today.

[dx100uk]

how are cabot claiming its not sb'd?

[linzi2011]

I am not sure,

 

 

i did make £1 postal order payments to some companies in 2009 when i was going to do a payment plan with the national debtline.

 

 

I can't remember if they were included in that,

that might be why they say it isn't statute barred until august because that would fit with the timescale.

 

 

Would they have the proof of that payment?

 

 

This is why i went the CCA request way because I can't be 100% sure it is statue barred

and if I go the sb'd way is that not admitting the debt so i couldn't use the CCA?

[dx100uk]

how have they said it I not statute barred please

 

 

so you've already been in contact with them and said it was?

 

 

please, we need to lock this down.

 

 

if its SB'd file the SB defence

and get a CCa request off to cabot now.

 

 

yo really should have been gathering all this info together

you've had a claim already whereby this came up.

 

 

dx

[linzi2011]

It was only in a telephone conversation they said it wasn't statute barred. I did send a CCA request off but they sent it back and said unless it was signed then they wouldn't be sending me anything. Apparently it is their "in house rules"

[dx100uk]

no you sent it to restons

 

 

it should have been to cabot?

 

 

is this on your credit file?

 

 

the issue I see is this is post apr 2007

so a recon can be used

on a CCA return.

 

 

which is why I'm pers opting for SB?

 

 

dx

[linzi2011]

Ok so should i file the defence on the grounds it is statute barred and let them prove it isn't?

[linzi2011]

and it doesn't appear on my noodle credit file

[dx100uk]

why do you keep phoning these people

you should have learned by now never phone a fleecing DCA.

 

 

I think you should file the SB defence

and CCA cabot

see what the others say in the next hour

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.