Cabot/Restons claimform - sons Cap1 card debt

[jotty]

My son has received a County Court claim relating to a debt he had whilst a student in 2009,

only a relative small amount but one that Restons seem keen to secure.

 

He sent back a very quick defence that as it was 6yrs old

it was statute barred as he cant remember who are what the debt related to

and has no default notices or statements from them to go back on.

 

They have responded to the defence saying that he has not provided any details of when last payment was made or when the limitation date came from.

To be fair its all from memory as a hell of a lot has happened since then.

 

The response goes on in a rather wishy washy way to claim that their clients, whoever they are,

terminated the around on or about 2nd April 2010, which is fortunate for them as it brings it back within the 6yrs.

 

They have given him 14 days to respond, what they mean is admit, or they may ask for the defence to be struck out.

 

Any ideas folks please on what I can tell him to do, surely we need a bit more detail and some actual documentation before we hand over a couple of hundred quid to these sharks.

 

Thanks

[Sidewinder]

I have moved your thread to the appropriate forum. The experts here will need to know more details about the debt and the stage that litigation has got to in order to advise the best course of action.

 

If you could read the link below, then copy and paste with your own responses that would be a good start

 

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

[renegadeimp]

Also its up to them to prove it isnt SB, not for you to prove it is

 

They have responded to the defence saying that he has not provided any details of when last payment was made or when the limitation date came from.

 

Surely they should know. Theyre issuing the claim!

[jotty]

Thanks Sidewinder, link is not working for me.

[Sidewinder]

Apologies - the link in my earlier post is now working

[mikeymack2002]

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

 

 

Complete as best you can then repost your answer back here... Sorry for the delay...

[ericsbrother]

what was the debt for?

 

 

If a loan then he should send them a CCA request and a PO for £1 for the statutory fee.

 

 

When did he get the N1 and when did he acknowledge the claim.

 

 

He may have enough time to get the claim put in abeyance whilst they comply with the CCA request.

it will tell him what it is all about.

 

 

The date that Cobot got the debt will be ages after the last payment made s

o ther SB date will be before their claimed Apr 2010.

 

He may need to do a SAR to the original creditor once he knows who it is

and then he will know exactly when a payment was last made.

 

 

Beware of the phantom £5 paid by some benefactor more recently,

these companies have a worrying habit of attributing monies to the wrong accounts "in error".

[jotty]

Thanks folks,

I have asked my lad but he only has limited knowledge of things so this is as much as we can recall :-

 

Name of the Claimant ? Cabot Financial

Date of issue – . 22/12/15

he sent a defence almost right away which has been acknowledged

hence the fact that Restons dont feel it valid as they consider it to be still within 6 yrs

What is the claim for – .

The claimant claims payment of the overdue balance due from the def under a contract between the def and Capital One

dated on or about May 07 2009.

Date-03/12/2015 Default Balance £270 total.

 

What is the value of the claim? £347 inc costs

 

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?

He thinks it was around 2009 and the claim mentions on or about May 7th 2009 but he has no paperwork to confirm.

 

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? No nothing was received

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Nothing received

 

Why did you cease payments? Dispute was about charges back in 2009 which Cap One ignored so nothing since maybe 2010

What was the date of your last payment? Unsure but 2010

 

Was there a dispute with the original creditor that remains unresolved?

He recalls at the time they applied late fees and reoved his access to online account

so he wasnt able to check exactly what he was being charged for.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

Restons have now given him 14 days to withdraw the defence

or they "may" apply to have it struck out and request defence costs which is a bit worrying.

[renegadeimp]

Restons say the exact same thing they say to you, as they say to everyone else.

[mikeymack2002]

You should have a read here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

 

Then complete and sent the letter RD (keep proof) to the Solicitors dealing.. Do not wait too long for this to be sent....

 

In the mean time you may wish to read up on some of the success stories that are posted here and how they were won/dealt with in the end see here >>

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

[jotty]

Thanks again folks I will get on it this weekend with him

[dx100uk]

leave things be

he has sent the SB defence

 

that's all he needs to do.

 

rectums have simply sent their std reply to SB

 

with the vailed threats

 

if they are so confident

they should file to move fwd.

[mikeymack2002]

NP dx I still like your pet names though, will do...

[dx100uk]

go get his credit file

 

 

that should show last payment

 

 

if not go ring cap1 and ask them

 

 

dx

[jotty]

So what you saying DX, should we send the request for further info or do nothing and just wait to see what they do next ?

[dx100uk]

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