Cabot/weightmans claimform - old CAp1 debt - prob SB'd

[markvauny]

Evening all,

 

I was advised be a relative to pop on here as they said you guys would be able to help. I received a claim form from the county court claimant - Cabot Financial UK and Weightmans LLP representing,in relation to a outstanding capital one credit card.

 

I had this card around 7/8 years ago and to my knowledge i never made a payment. I've joined Noddle and cannot see any reference to this account so its well over 6 years old. I've read through the paper and cannot find any dates on here when they say i had the card and when I defaulted on my account. obviously its very worrying as now ive got a family.

 

i thought all debts were statue barred after 6 years? If i point this out to the website moneyclaim would they care or would it be ignored.

 

Thanks

[obiter dictum]

It will be statute barred if no payment or written acknowledgement of the account during a six year period. Did you get any letters from Cabot or Weightmans prior to the court claim

[honeybee13]

Hello and welcome to CAG.

 

Could you have a read of this please and post up the answers on this thread? It will help the forum guys to advise you.

 

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

 

My best, HB

[obiter dictum]

.

 

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

 

2 The Claimant 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 act 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.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

 

Wait for more replies though from more experienced members

[markvauny]

Name of the Claimant - Cabot Financial UK Limited

Issue Date - 22 May 2015

Particulars of Claim:

 

 

1. The Defendant entered into a credit agreement decribed by the original creditor as CAPITAL ONE BANK (Europe)_

Credit Card and Having Account number XXXXX (The Account)

 

2. The Claimant, a UK limited company with company number 3757424,

is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account

 

3. The defendant is indebted to the claimant in respect of the account in the sum 405.32

 

4. The claimant claims the said sum of 405.32 plus costs

 

Claim for Credit Card

Not sure if agreement was before 2007 - i know its at least 7 years old.

Not issued by original claimant (Capital One)

Not sure if we got a letter saying it was assigned

Not sure if we got a default notice

Not sure if we recieved a notice of sums

Did not make any payments

No date of last payment

No dispute

Did not communicate any financial problems

 

How do i send a CCA and CPR31.14

 

Also i have not logged in on money claim or acknoweldge it yet can someone advise me what to do should i acknowledge now?

[dx100uk]

send a CCA request

to the claimant

Blank £1PO

don't sign anything

 

 

send the Credit card 31:14 from the legal section of the top green library tab

to the sols

 

 

yes go ack the claim on mcol website

 

 

register as an individual

then ack {AOS} the claim using the required claimform details

defend all

leave juris unticked

 

 

if you are 100% certain its is SB'd

 

 

go back on to MCOL

 

 

and file this defence

filling in the bits needed of this

 

 

E&W

....

 

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 act 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.

.

.

dx

[i hate bailiffs]

If you get a reply from CPR requests giving you more time to file your defence once they retrieve the documents

Unless the court agree stick to original time line of court papers

That way no sneeky default CCJ against you

[markvauny]

defo over 6 years as its before me and my partner got together and we been 6-7 years.been on noddle and cannot see Any reference to it at all. Not even an outstanding default or account listed

[dx100uk]

get that SB defence filed then

 

 

should kill it stone dead.

 

 

dx

[markvauny]

send a CCA request

to the claimant

Blank £1PO

don't sign anything

 

 

send the Credit card 31:14 from the legal section of the top green library tab

to the sols

 

 

yes go ack the claim on mcol website

 

 

register as an individual

then ack {AOS} the claim using the required claimform details

defend all

leave juris unticked

 

 

if you are 100% certain its is SB'd

 

 

go back on to MCOL

 

 

and file this defence

filling in the bits needed of this

 

 

E&W

....

 

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 act 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.

.

.

dx

 

 

If it's SB do I still need to do the CCA request and the 31.14 or just do the defense as SB.

 

Thanks. Also what's AOS?

[dx100uk]

Acknowledgement of service

 

 

it wont hurt to CCA/CPR

[markvauny]

Sent the CCA recorded delivery with my postal order. Quick question could i email the 31:14 and stated emailed to keep costs down for both parties and state (for the reimbursement for copy costs) that im happy for scans of the document to be sent by email. As i was always led to believe both parties must be reasonable with trying to reduce costs.

 

correct me if im wrong.

 

Also would you mind looking at the 31:14 to ensure i havent deleted wrong things out.

[dx100uk]

No need just request the docs mentioned in the PLC

 

File the SB defence

 

DX

[markvauny]

sorry to be dumb but what do you mean plc?

[dx100uk]

please read the thread you got that cpr from...

what does it say...

 

 

template removed from public thread

 

 

dx

[dx100uk]

POC mis tiype

 

 

file that defence

 

 

dx

[markvauny]

sorry DX was eager with the letter and overlooked about posting in public threads.

 

Did it appear to be ok?

 

Defense you stated before along with capquests worst nightmare about SB etc filed.

 

if it gets rejected what avenue do i go then?

[AndyOrch]

You shouldn't need any other avenue if you are 1000% sure its statute barred...if not do not submit the SB defence.

 

Andy

[markvauny]

Yeah its defo SB! so should that defense be enough or is it a case i may be required to attend court still?

[Guest]

Yeah its defo SB! so should that defense be enough or is it a case i may be required to attend court still?

 

 

if barred (no payments at all, and at least 7 yrs old?), yr def will be enough. they should discontinue they have around 28 days to decide what to do.

[markvauny]

received this back on my CCA. is this normal? as they are suggesting its going to take 40 days.

 

[ATTACH=CONFIG]57983[/ATTACH]

[dx100uk]

usual cabot response

go read a few cabot claim threads here

 

 

do not miss your def filing date.

[markvauny]

all filed DX

 

I made sure as well i print screened my noddle with date and time showing incase a sneaky default suddenly appears

[dx100uk]

yes sri was on a small screen

 

 

dx

[markvauny]

Not sure what your sri for mate

 

still worth the 31:14? or is that not really needed now?