Cabot/Dryden's claimform - old Barclaycard 'debt'

[Mandalou2]

Hi,

 

 

I've been paying Dryden's for an old Barclaycard debt every month for the past 6 months and

 

 

today received a claimform request for this account from Cabot asking me to send all correspondence to Dryden's..

 

 

.I don't understand why when I've been paying them the agreed monthly amount and this has come out of the blue!

 

 

Should I phone and ask why?

 

 

Or just send the CCJ for back?

 

All help great fully received.

[dx100uk]

I take it you mean you've received a claimform from the court not a CCJ?

 

 

dx

[Mandalou2]

Sorry, yes that's exactly what I mean. Says it's from Cabot but have to sent to Dryden's.

[dx100uk]

no you don't

 

 

you ack the claim on mCOL

however

before you do anything

 

 

can you please fill this link out

 

 

and copy and paste the questions & you answers here in this thread.

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

 

 

dx

[Mandalou2]

Thank you I'll work through that over the weekend and post, thanks again

[dx100uk]

well don't leave things too long

 

the quicker you get a CCA request off to the claimant

[£1 blank PO, don't sign anything]

 

and the correct CPR 31:14 from the legal section of the top green library tab to drydens

 

you also need to ack the claim {AOS} on the MCOL website

defend all, leave juris blank

 

the better

 

 

the clock is now ticking.

 

 

dx

[Mandalou2]

Date of issue 23rd April 2015

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

 

The claimants claim is for the sum of £2494.35 under agreement regulated by the consumer credit act 1974,

between the defendant and Barclaycard account number XXXXXXX and

assigned to the claimant on 23/05/2005, notice of which has been provided to the defendant.

The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment.

And the claimant claims the Suns of 2,494.35 together with costs.

What is the value of the claim? £2494.35

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Credit Card

When did you enter into the original agreement before or after 2007? before, - 2002

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 Financial .

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I really can’t remember but I knew it was Cabot as I’d been paying £5 per month as agreed by Dryden’s

(acting on Cabots behalf) for the previous 7 months)

Dryden have no records of any letters being sent to me since they agreed for me to pay £5 per month

but Cabot decided that this wasn’t enough and asked Dryden’s to issue court proceedings,

without any financial review or prior correspondence to say they were going to do this,

as far as I was aware they were happy with the £5 per month agreement

I stupidly have misplaced the letter agreeing to this).

 

Did you receive a Default Notice from the original creditor? I can’t remember.

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

Why did you cease payments? Got myself into financial difficulties when I had my son in 1999 and lost my job in 2001.

What was the date of your last payment? April 21st 2015 via Dryden’s (standing order)

 

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 management plan?

Yes, my offers of payments were not enough.

Dryden’s have told me that it was my responsibility to keep my telephone contact details up to date

as they have tried to call me for the past 3 months as this account was due for a review.

I asked why they hadn’t written to me as I haven’t moved for 10 years! [no response].

Told me there is nothing they can do, just have to fill out CCJ forms.

[dx100uk]

have you ack'd the claim on mcol today?

[Mandalou2]

Hi Dx, no not yet, will do it from work tomorrow...not really sure what that means though. When I had a ccj before I just sent paperwork back by post.

[dx100uk]

and prob admitted the debt by default.

 

 

do it now..

 

 

got mcol website on the claimform

 

 

and register as an individual

 

note the long number given.

then

now using the registration you've just made

log in to MCOL

 

then, looking at the claimform

 

use the details required , select AOS [ack the claim]

 

select defend all

 

leave juris unticked

 

then exit MCOL

 

you should get an ack that you've done AOS a short time after

 

 

dx

[Mandalou2]

Thanks for your reply...if I'm defending the debt and judgement is still obtained will I not get a chance to say what I can/cannot afford to pay?

[dx100uk]

yes ofcourse you will

 

 

can you please get things moving

time is ticking.

 

 

you need to follow the rest of post 6 and get the CCA & CPR posted asap!

 

 

dx

[Mandalou2]

Thanks...have acknowledged and posted both letters by recorded delivery. What should I expect now? What do I do if they send copy of agreement?

[dx100uk]

you upload them and we take a look and check they are enforceable..

 

 

now rime to read here at like claims

and it the successes forum

 

 

get yourself upto speed

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[Mandalou2]

Thanks again for your replies. I have a couple of questions.

 

Now I've opted to defend this claim,

 

 

IF Cabot come back with an enforceable agreement,

 

 

how do I then go about offering the court what I can afford

 

 

as I assume I can't now send them the form with income/expenditure on it?

 

Will I end up having to go to court?

[dx100uk]

Thanks again for your replies. I have a couple of questions.

 

Now I've opted to defend this claim, - as you must always regardless

 

IF Cabot come back with an enforceable agreement,

how do I then go about offering the court what I can afford

as I assume I can't now send them the form with income/expenditure on it?

 

Will I end up having to go to court?

 

 

they've got to win first

there will be ample opportunity to deal with payments etc

and lots of ways to do it.

 

 

but as I say, they've gotta win first...

 

tomlin/consent/N9a etc etc

 

 

you need to read up on threads

[Mandalou2]

Just thought I'd post a quick update...or lack of! I've heard absolutely nothing from Cabot or Drydens. Am I right in thinking I need to submit my defence by 25th May?

[dx100uk]

yep.

holding/no paperwork one

various examples here in threads and in the success forum off this one.

 

 

post it here first mind!

 

 

dx

[Mandalou2]

Received letter from Cabots today to say they are not holding paperwork I have requested but have requested it from Barclaycard, could take up to 40 days. This account is over 10 years old, what are the chances?

 

Also I've checked Noddle and nothing on there for Barclaycard.

[dx100uk]

yep std reply from them.

 

 

chances..there have been returns for pre 2004 but normally just the T&C's which don't cut it.

 

 

have a read in the Barclaycard forum.

 

 

dx

[Mandalou2]

Thanks dx

 

Sorry to be a pain but I can't find anywhere what will happen IF their claim is upheld.

 

 

What I mean is IF after submitting my defence and it goes all the way and they miraculously come up with legal paperwork,

will the court still allow me to pay say £5 a month if they award judgement.

..worried I'll be ordered to pay whole lot in go as I didn't send in income/expenses form by date originally requested.

 

Sorry this whole process is both new to me and very nerve racking

[dx100uk]

well don't get nervous no need.

 

 

there are lots of threads here to read and in

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

if IF IF they come up with aperwork

you'll be sent it in lots of time to be able to deal with it

and scan it up.

 

 

and IF IF IF they do 'win'

 

 

you'll be given ample chance to easily settle in small sums.

 

 

the key to cag is

read a few thread

then a few more

then more again.

 

 

the more you read the stronger we become.

 

 

dx