Cabot/resons claimform - cap1 credit card 'debt'

[michonne]

Hi

 

I had a Capital One credit card from 2001.

Got into financial difficulties in early 2011 and defaulted.

 

All has been quiet since then and I hoped to get it statute barred

 

 

around October last year I started getting letters from Cabot Financial Ltd claiming to have bought the debt.

I ignored them hoping they would go away

 

 

then got a letter from Restons threatening court action.

 

Again I ignored this but just before Christmas I received court papers, issue date 22-12-15.

 

I went on MCOL and put in to defend the claim to get the extra 14 days.

Defence has to be in by 24-01-16.

 

Looking through the other cases on here I assume I need to send a CCA request to Cabot and a

SAR to Capital One? Please can you verify this.

 

Thanks michonne

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%282-Viewing%29-nbsp

 

Please have a read of the thread linked above. Provide answers to the questions in this thread.

 

[AndyOrch]

" Looking through the other cases on here I assume I need to send a CCA Request to Cabot and a SAR to Capital One? Please can you verify this."

 

Yes to the CCA but not a DSAR.....you send a CPR 31.14 request to the Solicitor.

 

Andy

[michonne]

In order for us to help you we require the following information:-

 

Name of the Claimant ? CABOT FINANCIAL UK LIMITED

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22 DEC 2015

 

Date of issue 22-12-2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 10-01-2016 + 14 days to submit defence = 24-01-2016 (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

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 08 2001 and assigned to the Claimant

Particulars a/c no xxxxxxxxxxxxx

Date 03/12/2015

Item Default Balance

Value £4.5k

Post Refrl Cr NIL

Total £4.5k

What is the value of the claim? £4.5k

 

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? 2001

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I'm aware

 

Did you receive a Default Notice from the original creditor? Probably, it was a while ago

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, I do get a Statement of Activity every 6 months.

Why did you cease payments? Lost my job and couldn't afford the payments

 

What was the date of your last payment? Around April 2011 as far as I remember.

 

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? NO

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA Request to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts)

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

Request 2 - Current accounts

 

You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.

 

If you require CPR Part 18 - this will need to be drafted specifically.

 

 

Thanks for the quick responses I will send off a CPR 31.14 request to the Solicitor and a CCA request to CABOT.

[michonne]

OK, I've sent off a CCA request to CABOT and a CPR 31.14 request to Restons.

 

Will let you know if I get any response.

[michonne]

Both letters received.

 

Unfortunately I have noticed an error in the information I put in the CCA letter. The reference number I put in was incorrect, I put in the one for the solicitors and not Cabot's. The card number was correct though.

 

Should I resend or will it be OK?

[dx100uk]

no issue

 

 

dx

[michonne]

OK thanks

[michonne]

Restons replied today by sending back the CPR letter because it wasn't signed.

[dx100uk]

yep usual stupid tactics by them

if you go read other claim threads

let them play.

 

 

dx

[michonne]

Received some paperwork from Cabot today, namely :- Cabot Financial Statement, Assorted letters and a Consumer fact sheet.

 

They go on to say.

 

" We have provided you with all the information we hold on file, however we do not hold a copy of the Notice of Assignment and Agreement, therefore we have requested copies from the original creditor and will forward to you upon receipt."

 

I have to file the defence by sunday so do I go down the No paperwork route?

[AndyOrch]

Yes michonne...take a peek in the following forum and look at some of the defences...try to find one similar to yours..preferably same claimant same type of debt and have a go at drafting your defence to suit your particulars.....we will check it over for you before you submit it.

 

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

 

Regards

 

Andy

[michonne]

Particulars of Claim

 

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 08 2001 and assigned to the Claimant

 

 

Particulars a/c no xxxxxxxxxxxxx

Date 03/12/2015

Item Default Balance

Value £4.5k

Post Refrl Cr NIL

Total £4.5k

 

 

 

Proposed Defence

 

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2 The Defendant accepts that she has held an account with Capital One in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a section 78 and a statement of account .The claimant has yet to comply and remains in default of said request.

 

3 The Defendant requested copies of the documentation relied upon by way of a CPR 31.14 request dated 07/01/2016, the claimant has failed to supply any supporting documentation.

 

4 It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

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

 

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

 

c) show how the Claimant has the legal right either under statute or equity to issue a claim.

 

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

 

6 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 and Property Act and Section 82A of the consumer credit Act 1974.

 

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

Edited January 24, 2016 by Andyorch
Particulars added for cross reference

[AndyOrch]

That should suffice michonne...perhaps just add a refute re assignment?

 

Andy

[michonne]

OK defence submitted

 

Many thanks all

[AndyOrch]

OK defence submitted

 

Many thanks all

 

So you did not deny the assignment or you made an alteration before submitting?

[michonne]

I made an alteration to point 6 with regards to not having received a notice of assignment.

[AndyOrch]

Can you amend it in your defence above so we can refer to it ..if needed...thanks

[michonne]

Submitted defence

 

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2 The Defendant accepts that she has held an account with Capital One in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a section 78 and a statement of account .The claimant has yet to comply and remains in default of said request.

 

3 The Defendant requested copies of the documentation relied upon by way of a CPR 31.14 request dated 07/01/2016, the claimant has failed to supply any supporting documentation.

 

4 It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, 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

 

c) show how the Claimant has the legal right either under statute or equity to issue a claim.

 

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

 

6 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

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

[AndyOrch]

[dx100uk]

point of english.....point 2

 

you shouldn,t use use 1st and 3rd party labels in the same sentence...

 

she and i

 

dx

[michonne]

Cabot has sent a copy of the Notice of Assignment

[dx100uk]

not a lot of good without the agreement me thinks

[michonne]

Update

 

Letter from Cabot stating they are still awaiting a copy of the Agreement.

[dx100uk]

claim is well stayed now