Restons/Cabot claimform - Cap1 Debt -

[fezza77]

Hi i have read through alot of threads with regards to similar cases but dont want to get anything wrong so some help would be really appreciated.

 

The account in question was started in august 2008 and defaulted march 2010, i am not sure when the last payment to this account was made, please note that the balance is lower than the default balance so im assuming something has been paid since the default.

 

They are asking for the total amount by 1st Feb otherwise they will be seeking a £50 monthly sum via the court.

 

Cabot took control of this account in September 2015, i have not done anything via contact but i know no things need to be dealt with. What actions should i take now i no i should be sending off a couple of letters but im not sure on the legal terms and shall i just follow similiar drafts on here making the amendments necessary?

 

Thanks for your time

[dx100uk]

welcome

ok you've got a threat-o-gram

read it carefully

 

it doesn't say will anywhere..

 

remember DCA's are NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

firstly

what is the debt type

and who was the original creditor

 

it might be worthy for you to go get your credit file too

and seewhat that reveals

noddle is free see below

 

dx

[mikeymack2002]

Can you please provide more information regarding this matter? Like more history type of debt and details of the last payment and so on...

[AndyOrch]

Thread moved to the appropriate forum.

[fezza77]

Sorry for posing on wrong forum.

 

The letter states that "we have instructions to issue a claim against you in county court for full balance"

 

Its a credit card debt from capital one, now showing on my noodle report as caboot, here is a segment from noodle report

 

Credit Card

Account number ********

Account start date 09/08/2008

Opening balance £ 1,269

Repayment frequency Monthly

Date of default 26/03/2010

Default balance £ 1,269

 

I do not know when i last made a payment im guessing its coming upto the 6 year mark but not 100% on it being SB, but its possible.

 

I have just done a cca request to caboot, do i still need to do a cpr 31.14 to restons even though the claim hasn't been filed yet?

 

thanks for all your prompt responses

 

god sends

[Bazooka Boo]

Have you checked your credit file?

Did you receive a default notice?

Have you received an annual statement of account from the DCA or OC for the last five years?

 

How long ago did you send them the CCA request?

 

You don't need to send a CPR request yet, they've not issued a claim.

[AndyOrch]

"I have just done a CCA Request to caboot, do i still need to do a cpr 31.14 to restons even though the claim hasn't been filed yet? "

 

No

[fezza77]

Have you checked your credit file? yes only caboot shoing on this debt from oct 2015

Did you receive a default notice? potentially hasd a few house moves and never notified them

Have you received an annual statement of account from the DCAicon or OC for the last five years? not that im aware, cabot sent me a letter when they 1st took the debt just staing amount owed no statment.

 

How long ago did you send them the CCA Requesticon? Literally just wrote it up ready to send today with a £1 postal order. is this ok?

[Bazooka Boo]

Yes get it in the post ASAP.

 

You might want to check your credit files again, and ensure that your current address is showing, otherwise you might open yourself up

to a CCJ by default.

 

Although Cabrot have written to you at your current address, it won't be unknown for them to claim otherwise, just in order to obtain a CCJ.

[fezza77]

I am now on the electoral and it is showing as my current address on my credit file. I will get this sent off today, im assuming restons will still proceed when i dont give in to there demands on the 1st feb? Will i get a statement from caboot showng my last payment to this debt?

[Bazooka Boo]

Pestons will do anything they think they can get away with.

 

You need to fire off that CCA request to Cabrot, they then have 12+2 days (working) in which to supply you with a copy of the agreement.

 

How much of that total is Capones fees/charges? Was there any PPI on the card?

[fezza77]

I havent kept any of the paperwork so not sure how much fees have been added, no ppi on it. I got this letter friday although the letter says the 18th, ill send it 1st class recorded now.

 

Will they go for the ccj straight away and what chance have i?

[fezza77]

I have sent this now leaving the postal order open and putting on the back not to be used for any alleged debt

[Bazooka Boo]

OK, there is no need to send CCA requests via RD, if these lot can get away with using 2nd class, walk sort, then debtors should only ever use 2nd class mail and obtain ''proof of posting'' which is free from the PO counter.

 

It matters not what they use the postal order for, it is a statutory fee and any suggestion otherwise; should they attempt to claim it was payment toward the debt, is fraud and they know it.

 

Just a waiting game now for them to magic up the agreement within the time frame, until they do you pay nothing, nor engage with anyone regarding this.

 

You 'should' have been receiving an annual statement of account from either the OC or the powerless DCA?

If this is not the case then you may need to send Capone a SAR (£10) to get the history of the account and see how this figure is made up, and reclaim all of the fees/charges they've levied on the account.

[fezza77]

hi i have now recieved a county court claim form from northampton!

 

 

caboot have recieved my recorded cca request but i have had no response whatsoever?!?

 

 

what steps do i do now?

 

 

am i best accepting liability and offering £1 a month what i can afford?

[dx100uk]

no!!

 

 

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(5-Viewing)-nbsp

[fezza77]

name of claimant : Cabot financial limited

 

issue date : 5th feb 2016

date for defence - by 4pm 8th march

 

!.the claimant claims payment of the overdue balance due from the defendant

under a contract between the defandent and Capital One dated on or about aug 09 2008

and assigned to the claimant on sep 28 2015

 

2.acc number ********

date 15/1/2016 default balance 1114.94

post refrl cr nil

 

What is the value of the claim? 1264.94

 

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

 

When did you enter into the original agreement before or after 2007? 2008

 

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 collector

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? potentially (head in sand)

 

Did you receive a Default Notice from the original creditor? same as above

 

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

 

Why did you cease payments? split from partner and in a massive amount of debt

 

What was the date of your last payment? no idea

 

Was there a dispute with the original creditor that remains unresolved? no payments from myself

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? started of with one but then failed to make payments

 

have requested a cca but not heard anything back from caboot.

 

thanks for your response

[fezza77]

why have cabot not responded to my cca request?

[dx100uk]

What is the value of the claim? 1264.94

 

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

 

When did you enter into the original agreement before or after 2007? 2008

 

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 collector

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? potentially (head in sand)

 

Did you receive a Default Notice from the original creditor? same as above

 

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

 

Why did you cease payments? split from partner and in a massive amount of debt

 

What was the date of your last payment? no idea

 

Was there a dispute with the original creditor that remains unresolved? no payments from myself

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? started of with one but then failed to make payments

 

have requested a cca but not heard anything back from caboot.

 

thanks for your response

you've missed the top questions off

they are the important ones.

[dx100uk]

why have cabot not responded to my cca request?

 

 

they have 12+2 working days.

 

 

but thats immaterial now as a claim has been issued

they now must reply or the claim will fail or stay

[fezza77]

sorry, name of claimant : Cabot financial limited

 

issue date : 5th feb 2016

 

i sent the cca request 15 days ago they recieved it 14 days ago (signed)

[dx100uk]

particulars of claim please too

 

 

dx

[dx100uk]

have you gone on mcol website and ack'd the claim defend all [AOS]

[fezza77]

Not yet? shall i defend the claim in full then? i can do that now.

 

Particulars of claim :

 

the claimant claims payment of the overdue balance due from the defandent under a contract between the defandent and capital one dated on or about aug 09 2008 and assigned to the claimant on sep 28 2015

 

acc number ********

 

date 15/1/2016 default balance 1114.94

post refrl cr nil

 

total 1111.94

[dx100uk]

you must defend all

else you'll get a CCJ anyway.

 

 

lots of cabot/rectums cap1 threads here to read