Cabot/mortimer claimform - for old Cap 1 card***Claim Discontinued***

[Phantom943]

I received a Northampton generated claim form on Friday for an old capital 1 credit card debt.

 

The total including court fee and legal costs comes to some £800.

 

The claim has been issued by Dryden via Cabot,

both of whom i have no direct dealings with but have in recent months received threatening letters and demands for payment etc,

 

 

i have not acknowledged any of them.

 

The claim states that this account was opened in 2005 and i have failed to repay.

 

I cannot recall when this account was last used but it would of been some considerable time ago

and i would imagine around 2007 at the latest.

 

I have obviously to do something with the claim form within the time allowed.

 

I'm minded to defend the claim as i would imagine it was subject to fees etc.

 

At around that time i was in serious financial difficulties and battling to save the family home

so i have little doubt the money or at least part of it may well be owing.

 

What is my best approach to this and how do i determine if this is too old to chase.

 

I have looked through a fair few threads but must say im a little overwhelmed by the sheer volume of information

and threads so don't want to jump in and go down the wrong route.

 

Any assistance would be greatly appreciated.

[AndyOrch]

Thread moved to Financial Legal Issues in view of the claim form received.

 

If you could read the following link and then copy and paste your responses here to enable the best advice on how to proceed and deal with the claim.

 

 

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

 

 

Regards

 

Andy

[Phantom943]

Many thanks

[Phantom943]

Name of the Claimant ? Cabot Financial

Date of issue – . 06/01/2016

 

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

 

 

1.By an agreement between Capital One and the defendant on or around 16/06/2005 ('the agreement')

Caital One agreed to issue the defendant with a credit card.

The defendant failed to make the minimum payments due and the agreement was terminated.

The agreement was assigned to the claimant.

2. THE CLAIMANT THEREFORE CLAIMS 6xx.xx (note there was no £ sign on the claim form just numbers.

 

What is the value of the claim? £800

 

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? 2005 according to the claim.

 

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? Not to the best of my knowledge.

Did you receive a Default Notice from the original creditor? Not that i can recall

 

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

 

Why did you cease payments? Significant financial difficulties.

What was the date of your last payment? Not Known

 

Was there a dispute with the original creditor that remains unresolved? Cannot remember.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

As far as i can recall Cap One would not agree to any payment plan,

but i cannot remember as dealing with so many organisatiosn at the same time many years ago.

[havinastella]

You need to ring Cap One and ask for the last payment date.

[Phantom943]

Will do, just going through paperwork now to see if i have any records of this account. Many thanks.

 

Just a couple of more details i got from from credit report:

It appears that Cabot have made an entry:

LENDER BALANCE UPDATED STATUS

 

Cabot Financial (Europe) LTD £ XXX 31/12/2015 Default

 

Account type: Credit Card

 

Account number: ****2932 0

 

Account start date:16/06/2005

 

Opening balance: £ xxx

 

Repayment frequency: Monthly

 

Date of default: 07/05/2010

 

Default balance: £ xx

[dx100uk]

is there any payment history on the credit file?

 

 

if you've not paid or written to anyone regarding this card and signed the letter

in the last 6yrs

it will be statute barred.

 

 

have you ack'd the claim on MCOL website yet?

defend all

leave juris unticked.

[Phantom943]

No there are no payments showing and no record of the account on the credit file (Noodle) only the stuff that Cabot have entered, i haven't done anything with it as yet as i wanted some advice before completing the form.

Many thanks

Edited January 10, 2016 by Phantom943
Provide more detail.

[dx100uk]

you don't do anything with the form...

go up on the MCOL website mentioned on the forum

 

create a new individual user

note the gateway number you get back

 

them login to MCOL

respond to a claim

using the required details from the claimform

 

select the AOS box

defend all

leave juris unticked'

 

exit mcol.

 

 

dx

[Phantom943]

Thanks for the advice so far.

I have acknowledged the claim and intend to defend, what is my best approach going forward compiling my defence please?

[dx100uk]

when did you last pay cap1 anything or use the card?

[Phantom943]

As indicated earlier in the thread i havent a clue when the last payment to Cap 1 was made and there is no record of the account on Noddle which woudl suggest to me it was a good few years ago.

[dx100uk]

or there was a previous default years ago

which, when it reaches 6yrs causes the account to vanish

that doesn't mean you haven't made a payment since that happened.

 

 

no harm in ringing CAP1 up

you can do it now they are 24/7

 

 

you'll prob have to just through a few security hoops to get passed the wolves at the door

but if you do

simply ask them the simple question

 

 

when was my last payment or use of the card please?

 

 

the claim is nowt to do with them, they wont know anything about it

so don't tell them why you want the info.

 

 

dx

[Phantom943]

PM sent.

[dx100uk]

pm advice is not allowed

 

helps no-one bar you.

 

if every thread here resulted in it going off forum

 

no-one would benefit from reading how others dealt with their situation.

 

there is no reason to hide anything by PM

other than unwanted... pers info

 

post your info up for all to see

but redact it of pers info.

 

dx

[Phantom943]

Thnks

that makes perfect sense

 

Will edit the info later today and post it up.

 

In short It looks like this is less than six years by around three months.

[Phantom943]

I have trawled my documents and found a number of items relating to this account,

in short the account does appear NOT to be time barred its short of around three months.

 

But here's a run down of the history of the account to date:

 

The last payment on the account was 20/04/2010.

 

Cap 1 Then sent a "STATEMENT OF DEFAULT" dated 07/05/2010 and closed account letter.

 

On the 09/05/2010 Debitas were instructed to collect the outstanding balance.

 

Between May and October / November Capquest were also chasing this account.

 

I have one letter only from Debitas and one from their solicitors threatening court action nothing further was heard from them.

 

Capquest were subject of a complaint and in November wrote saying

"due to the nature of your dispute, Capquest have made the decision to close the above referenced account

and return it to Capital One in order that they may assist you further..

. Please accept my apologies for any inconvenience this matter may of caused you.

 

I am assuming from memory this was because there were two DCA's attempting to collect on the same account at the same time.

 

On 07/04/2011 a Final Demand was received from Credit Solutions, no other correspondence has been found from this organisation.

 

I have found no other correspondence from anyone

until:

08/05/2015 Capital One wrote with a "Statement of activity" this seems to indicate Capital One still had the account.

 

The next letter i have found Dated 22/10/2015 is from Cabot Financial telling me they would like to help take some positive steps to repaying my balance.

Whilst i cannot be sure this and a follow up letter dated 19/11/2015 are the only one's received from Cabot.

 

I have not been able to locate any notice of assignment and i cant remember ever having received one

though Cabot make it clear in thier letters they are the current creditor.

 

I have not since dealing with CapQuest entered into any agreement

or dealt with any of the organisations in writing at any time.

[dx100uk]

don't speculate and/or rely upon old docs

 

 

go ring cap1 and ask them.

[Phantom943]

Crafty bunch,

they simply ignored the CCA,

then issued a reduced fee offer,

then stated that they had received my defence,

no defence sent just the CCA,

another offer of 50% reduction.

 

 

Bored with their games

 

 

emailed them and asked why they had failed to repsond to the CCA request etc.

 

 

As if by magic and what appears to be pretty standard now they discontinue the claim.

 

 

No doubt it will get passed on again for soemone to try ttheir luck.....

[AndyOrch]

Excellent well done Phantom943

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy