Cabot/Mortimer claimform - Cap1 Card 'debt'

[ziggycatuk]

Hi.. Good afternoon everyone, I really hope someone is able to help me.

 

This morning I've received a County Court claim. The perusing claimant is Mortimer Clarke Solicitors acting on behalf of Cabot Financial.

 

The debt of £413 is from a Capital One card from 2004 (£213 of this is interest charges).

 

The last payment I believe I made to (Aktiv Kapital) was back in December 2009,

although I can't confirm this as I have a different bank account now,

and I've made no contact or acknowledgement since.

 

I checked my credit file in late December (screen shot attached) and seen they (Cabot) had registered 2 recent payment defaults against me.

Just checked my file again today and it's disappeared, no trace of it.

 

However it did show the default payment date recorded on the account was 29/01/2010. so would this make it statute barred ?

 

Do I still have time to send off a CCA request to Cabot in the hope of delaying this, or have I left it too late ?

 

Should I complete the section of the court claim document to Dispute the Claim as it maybe Statute Barred ?

 

Please help, not quite sure what my next course of action should be.

 

Kind Regards

L

[dx100uk]

can you please fill this out

them we will be able to suitably advise

 

 

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

[catquest]

The date of default shown on the credit file is likely to be later than the last payment,

it is only recorded once you have failed to pay after the default notice is issued.

 

It is well worth asking for CCA from Cabot asap,

pointing out that the 12 days allowed is of the essence .

 

 

If you don't receive it in the time allowed you can then defend on the grounds that CCA was not received

and also plead statute barred .

 

 

In the meantime just acknowledge the claim, with the intention to defend. Was there no letter before action ?

[ziggycatuk]

I've just sent a CCA request to Cabot now (although I've not mentioned about the 12 days being of the essence) and I'll fill in the court paperwork as you advised.

 

Yes, there was a letter dated 24th December, but were away with family over Christmas so it was only opened on Monday this week, the letter from Mortimer Clarke did state they would peruse it as a court claim and had attached an income and expenditure.

 

I was planning to CCA it anyway, but my first week back to work it just slipped by me.. and then the court papers arrived today.

 

Thanks catquest

[dx100uk]

can you get that link done please...

 

 

the timelimit on CCA plays no real part once a claim is issued.

 

 

if they don't cough by day 33 from the date on the claimform

you file the no paperwork def.

 

 

link please first...

 

 

dx

[Dotty50]

If you last paid in December 09, then it wouldn't quite be SB, it would be one month (or thereabouts) after the last payment was made. Is there any way of finding out when you last paid? It could be crucial!

 

A lot of DCA's will issue a claim when it's coming up to SB and unless you win or they discontinue, it will never become SB.

 

As it's such a small (ish) amount, would you consider or are you able to make an offer? Of course a greatly reduced amount, which would avoid getting a ccj.

 

You can complete the AOS (acknowledgement of service) online through MCOL, it's pretty straight forward, but ask if you're stuck.

 

Cabot will/should know the timescale for your CCA request, did you send it recorded delivery so that you have proof that you sent it?

[ziggycatuk]

Name of the Claimant ? Cabot Financial (UK) Limited

Date of issue – 08 Jan 2016

Date of issue submit defence = 09/02/16 (33 days in total)

What is the claim for –

1.By an agreement between Capital One & the Defendant on or around 07/12/2004 ('The Agreement') Capital One

agreed to issue the Defendant with a credit card.

The Defendant failed to make the minimum payments due & the agreement was terminated.

The Agreement was assigned to the Claimant.

 

 

THE CLAIMANT THEREFORE CLAIMS 413.61

What is the value of the claim? £413.61

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? December 2004

 

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

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

 

 

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments? Other Debt

What was the date of your last payment? December 2009

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 managementicon plan?

I made arrangements to pay £1 to Akiv Kapital in July/August 09.

However I ceased making payments in December 09

 

 

...........................

 

 

I've tried to find a record of the last payment I made however it has proved to be futile,

 

 

I'm only going on the default date assuming the last payment I made was December 2009 .

 

I'm in a tight spot at the moment and given that over half the amount they are claiming is interest I would prefer to try and contest it.

 

Yes, the CCA has been sent recorded.

I've taken pictures of the letter & postal order (endorsed on the back stating "For Statutory Fee Only" ).

 

Interestingly on both the letter sent by Cabot, Mortimer Clarke etc there is no reference to the original account number

its just a blank field, they have only used their reference number

[dx100uk]

cap1 would have defaulted the debt before they sold and terminated it

a DCA cannot terminate an agreement.

 

 

so the default on you file is WRONG

thats the one AK put on there,

 

 

so when did cap1 sell the debt on

[notice of assignment to AK date please]

 

 

if your last payment was dec 09

[The £1PCM AK were fleecing of]

 

 

then pers i'd file the statute barred defence.

 

 

go ack the claim first on mcol

defend all

leave juris unticked

[ziggycatuk]

Ok.. I've been working away this week so not had a chance to get back here to update as I've given some incorrect information .. oops

 

I've trawled through every scrap of paperwork I can find, and it seems I wasn't making a £1 payment on this debt like I thought.. I wrote to cap1 on 18/01/2010 requesting a statement of account for the previous 6 months, that was the last contact I had with them until the letters from Cabot started arriving.

 

So the last contact from me was dated 18th January 2010.

 

I've registered with MCOL and its now day 8 from the date on the court papers.... Do I just wait until the 19th (day 12) and choose to "Start Defense" and state "Statute Barred"

 

All help appreciated.

 

Regards

[catquest]

Unfortunately the 6 years ends with the date of issue of the court papers.

However, simply asking for a statement of account is not necessarily an acknowledgement of the debt

[dx100uk]

thats good news

doesn't matter about the letter

if you've not paid in over 6yrs go ack the claim [aos]

 

 

then file this defence

 

 

the sooner the better.

 

 

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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

[ziggycatuk]

[ATTACH=CONFIG]61049[/ATTACH]cheers dx ..

 

Before I hit submit is this correct ?

Edited January 16, 2016 by ziggycatuk

[catquest]

re your letter of 18 Jan 2010 see Good v Parry ( 1963 ) : Lord Denning said asking for an account is not an acknowledgement of the debt

[ziggycatuk]

I might have underplayed the letter somewhat, It kind of does acknowledge the debt

 

[Guest]

re your letter of 18 Jan 2010 see Good v Parry ( 1963 ) : Lord Denning said asking for an account is not an acknowledgement of the debt

also considered (with Dungate) in the later HL decision in Bradford and Bingley v Rashid (para 55 etc).

[Guest]

I might have underplayed the letter somewhat, It kind of does acknowledge the debt

 

[ATTACH=CONFIG]61056[/ATTACH]

maybe. but you say last payment was dec 09, so that letter maybe irrelevant if the last payment counts.

post edited, wrong date

[dx100uk]

just file the defence

 

 

they've gotta even know that letter exists

they wont

 

 

all they get is a line on a spreadsheet and the PC randomly selects a juicy debt to try and get a default judgement on.

 

 

dx

[dx100uk]

next time you post things up please PDF them first upload

 

 

dx

[Guest]

ziggy

my last post now corrected there. got the payment date wrong

[ziggycatuk]

Defence submitted. Thanks you to everyone who contributed on this thread, your help and knowledge is greatly appreciated.

[dx100uk]

now you need to go read up on other like claims here

get yourself upto speed

dx

[citizenB]

Post # 12, your name is showing in the screen shot - top right hand side. I have unapproved the attachment until you can edit.

[ziggycatuk]

thanks citizenB - good spot

[ziggycatuk]

*** UPDATE ***

 

So after sending off the CCA request to Cabot,

Last week I received a reply from MCS that they do not hold this documentation

and they only act on behalf of the pursuing company 'Cabot' and they will notify them etc..etc

 

 

... So the 12 days have long past and still no evidence of the CCA appearing.

 

However, I followed the advise in the thread to the letter,

Registered with MCOL,

Acknowledge the claim and submitted a SB defense.

 

Today I have received a letter from MCS stating the following.

 

"We are instructed that in this case the cause of action accrued when the agreement was terminated on 29/01/2010.

Therefore proceedings were issued within the 6 year limitation period, and so the claim is not statute barred.." etc

 

I have attached a pdf of the letter received.

 

Please help on what I should do now.

MCS-Reply.pdf

[dx100uk]

std response to an SB defence on a credit card from Mortimer is you go read a few like threads

 

 

next move is theirs.