Cabot/Reston Claim Form - Cap1 Card 'debt' Please Help

[Piano Cube]

Sorry, my mistake that should read:

 

Charges come to £252.00, plus 30.340% equals £858.87.

[ims21]

Ok so send the preliminary letter to them together with a print of the sheet.

 

You can add a paragraph to the preliminary letter the effect that as it appears without these charges and the associated interest the account would not have defaulted you will be seeing removal of the default.

[Piano Cube]

Nice one, I'll get that in the post asap.

 

Thanks for all your help guys, I'll update the thread when I hear back from CapOne.

[Piano Cube]

So, got a reply back from Capital One in the post today. It seems like a default response and they have covered the basics, charges are fair and consistant with FCA etc etc.

I've attached a PDF anyway for you guys to have a look at.

 

At this point it seems like they will fight me all the way so besides a LBA, is there anything more to do at this stage? Also are there any important points I should be making in the LBA?

 

Thanks in advance, PC.

[ims21]

Blimey, you allowed them a long time to reply.

 

Next step would be the LBA....it is essentially the same as your preliminary but it should be headed "Letter Before Action".

 

The amount of interest should be increased to reflect the position at the time you send the LBA.

 

The final paragraph should also be amended to say that if they do not refund within x days you will issue through the courts without further recourse to them.

 

As said before, don't threaten court if you do not intend to go through with it.

 

Also be prepared for them to defend your court claim and be aware that you may well have to argue your case in court. Again there are no guarantees that you will win.

[Piano Cube]

Hi Ims thanks for the reply. It was more like me taking ages to send, they have replied within timescale given.

 

I'm sorting out loads of financial stuff at the same time but no more delays now, I have everything in hand.

 

Quick question, if I give 14 days to respond it is 14 working days? Same with a SAR except 40 in that case?

[BRIGADIER2JCS]

Hi Ims thanks for the reply. It was more like me taking ages to send, they have replied within timescale given.

 

I'm sorting out loads of financial stuff at the same time but no more delays now, I have everything in hand.

 

Quick question, if I give 14 days to respond it is 14 working days? Same with a SAR except 40 in that case?

Any times scales apart from statutory ones are arbitrary imposed by you or a DCA, so 14 calendar days and hope they respond.

[ims21]

Hi Ims thanks for the reply. It was more like me taking ages to send, they have replied within timescale given.

 

I'm sorting out loads of financial stuff at the same time but no more delays now, I have everything in hand.

 

Quick question, if I give 14 days to respond it is 14 working days? Same with a SAR except 40 in that case?

 

Whichever you feel you want to give.

 

It is you who controls the timelines.

[Piano Cube]

Cheers for that guys.

 

Sorry if it seemed a bit of an obvious question but if (when) this goes to court, I want to understand every aspect fully.

[ims21]

It is extremely unlikely that CapOne will cough up without court action being taken.

 

They may pay out before a hearing or they may defend, there is no way of knowing so yes, you need to be prepared for this to go all the way and there are still no guarantees.

 

I would suggest looking around the forum for other CapOne charges reclaims to see what the experiences of others are and to get an idea of what is might be ahead of you.

[Piano Cube]

I'm fully prepared to take this all the way, I'll start drafting the court documents once I send the lba early next week.

 

I'll read as much as possible in the meantime so I understand every aspect of the case against them and can argue the points in court.

 

Depressing really that it's me who has to do the work to put right their failings as a company.

[hillards]

Ahhh, I was reading this in the hope it would help me in a similar claim against CapOne. Any update ?

 

I've just had my SAR back and have done the PPI claim but have to wait for that to conclude to see if they include any over limit fees in their calculations. In other words, I can't make a charges claim until I see if I get those back as part of the PPI claim.

 

Once that's resolved I would be looking to send in a claim and would be prepared to take court action if that's what it takes. (see one of my other threads http://www.consumeractiongroup.co.uk/forum/showthread.php?421662-BC-penalty-charges-probably-**WON**-with-compound-interest**(1-Viewing)-nbsp )

 

The charges themselves are only a few hundred pounds but the compound interest, using the 37.3% rate they charged me, adds in several thousand pounds. I need to get the PPI reclaimed first to be able to afford the court fees !

 

My thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?432249-Hillards-v-Capital-One-PPI

Edited September 7, 2014 by hillards
forgot to add my thread.

[Piano Cube]

Hi guys, got a lovely claim form in the post over Xmas and unsure on how to proceed. It’s been passed around various DCAs for several years, and I was unable to get a CCA several times over the course of this table tennis. Another odd thing is that although it was defaulted back in 2010, it’s only showing on Noddle from October this year.

Many thanks in advance, hope someone can help.

 

Name of the Claimant? Cabot Financial (UK) Limited – ME19 address

 

Date of issue 22 Dec 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 Capital One dated on or about May 01 2007 and assigned to the Claimant.

 

What is the value of the claim? £1868.55

 

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

 

When did you enter into the original agreement before or after 2007? May 2007 ish

 

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. Purchased by Cabot from Capital One and Cabot named as the only claimant.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, account was sold on by Capital One on 24/09/2015

 

Did you receive a Default Notice from the original creditor? Yes, defaulted on 23/05/2010

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No, don’t think so

 

Why did you cease payments? Financial difficulties (Student to Unemployed)

 

What was the date of your last payment? 17/01/2010

 

Was there a dispute with the original creditor that remains unresolved? I’ve made several attempts at a CCA request but never got anything back, although they were sent to the DCAs that had the account at the time. I made a request to the original creditor (Capital One) to get charges back, but was fobbed off.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I spoke to them around the time but was unable to enter into an arrangement, sadly this was over the phone so no paperwork to show this.

[catquest]

Acknowledge the claim as instructed on the form and then prepare your defence.

 

 

As Cabot is a new creditor you MUST immediately ask for another CCA from Cabot based on section 77/78

pointing out that time is of the essence ( 12 days rule ) due to having to file defence ( enclose £1 payment )

[Bazooka Boo]

Looks like their final attempt to make a profit before it's SB https://www.gov.uk/respond-to-court-claim-for-money/overview

[Piano Cube]

Cheers for the quick responses.

 

So if I use the above link for online acknowledgment and use "I intend to defend all of this claim"

 

Additionally fire out a CCA for Cabot asap?

 

Am I better challenging the validity of the debt as they probably have no original agreement, or counterclaiming for charges on the account?

[dx100uk]

no. on the MCOL website...

defend all

leave juris unticked

 

 

get a CCA request running to cabot

get a CPR 31:14 from the legal section of the library running to rectums.

don't sign anything

 

 

read the full CCA/CPR threads first mind.

[dx100uk]

several old threads merged here for history of the debt.

 

looks like they've already failed the CCA request years ago, so lets see what they find.

its poss useful to see +£1k of this debt is PPI and/or Penalty charges too. but that for later.

[Piano Cube]

Cheers for the advice and the thread merge.

 

Completed everything and sending the posted stuff back today.

[Bazooka Boo]

Ensure you get 'proof of posting' which is free from the PO counter...

[dx100uk]

sending what stuff back to whom?

 

 

you don't send anything back?

 

 

dx

[catquest]

If it's Restons you won't have much luck with the CPR request for a small claim.

[Piano Cube]

Sorry, should have been more clearer. Acknowledged and defended all on the MCOL website.

 

Sent CCA to Cabot and CPR to Restons. All signed by typing my name without an actual signature and sent with proof of postage.

[dx100uk]

time to read up then

defence due by 4pm 22nd jan

[Piano Cube]

Absolutely, lots of reading to do. What's the best way to proceed would you say? Defense that no agreement has been produced and/or counterclaim for the charges?

 

Are there any examples of similar cases, I'm not sure how to write the defense?