cabot/shoosmiths claimform - old cap1 card

[cheeky2015]

Hi all,

 

I have a old capital one debt that had been passed to shoosmiths from cabot,

 

 

I have just received court claim forms from county court business centre.

 

I won't go into the personal issues that led to this etc but i owe the money.

 

 

Is it to late now to avoid a ccj by arranging a payment plan with shoosmiths or cabot?

 

 

Is the only option now to accept the ccj?

 

Thanks

[dx100uk]

no it is not the only option

 

 

defend it!

 

 

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

 

 

can you fill this out and post the Q&A back here

 

 

then well have the correct info to help you the best way.

 

 

dx

[ericsbrother]

no, that is not the only option,

 

you can try and ascertain whether the amount claimed is correct

 

and if not either mediate and offer payment of what you calculate is owed

 

or show that the amount claimed is wrong and have the claim struck out if the methods of calculatingthe debt are flawed.

 

You may well be owed money due to the addition of fees

 

and costs that are unlwful so we need to know how much,

 

 

what for and how old the debt is.

[cheeky2015]

Thanks when I am home on the laptop I will post the answers and details. So if the amounts owed are correct and I don't defend it do you think I can come to an arrangement with them out of court to avoid a ccj?

[dx100uk]

please don't do that

 

 

we need those details.

 

 

dx

[cheeky2015]

No wasn't going to do that yet was just a question in general if I chose not to defend it. Will post reply tomorrow when home and have time to do it. Really want to avoid a ccj as would probably end up losing job.

[dx100uk]

who says you even owe it?

 

 

certainly never trust a DCA

they are not bailiffs!

 

 

or the agreement is even enforceable

 

 

when did you take the card out?

when did you last pay it? or use it?

[cheeky2015]

I last paid it in 2013 and believe it was mid 2014 it was defaulted. I will check the dates when complete that other form.

 

Well I am not disputing it as it is my debt,

[cheeky2015]

Don't know if have the energy to defend it and go to court,

 

 

just wanted to know if debt collection agency would accept payments now

and stop court action

and stop ccj

or if only way to stop that would be to defend it and win,

what are the odds of actually winning in court though

[dx100uk]

well there has been numerous cards of the era that resulted in the claim either being discontinued

or stayed.

 

 

so you never give in

 

 

as a last resort you could go for a tomlin BUT lets see their cards first!

 

 

ask yourself this...

why did a big company like cap 1 sell my debt

and not crush me in court..

why did they sell it on?

 

 

urm.........

[dx100uk]

doubt you'll ever goto court esp, if at the end of the day

those in the know recommend a tomlin.

but that's for later no rush yet.

the tomlin will avoid the ccj

if necessary with no court appearance

 

 

few of these claims result in people 'actually' going to court at all

its all paperwork and simple to do

 

 

lets get the info up first

 

 

regards

 

 

dx

[cheeky2015]

Thanks Yeah they good points, think am just panicking a bit. Will try get that info up tomorrow night. Thanks for the advice.

[dx100uk]

whatever else you do

 

 

make SURE you ack [AOS] the claim on the MCOL website

defend all

get a CCA request running to the CLAIMANT

 

 

get the credit card CPR 31:14 from the legal section of the library running to shoesmiths.

 

 

time is of the essence here.

 

 

dx

[cheeky2015]

Name of the Claimant ? = Cabot financial Ltd

 

Date of issue – = 4th February 2016

 

Date to submit defence = 7/03/2016 (33 days in total) -

What is the claim for –

 

1:the claimant claims the sum of £1531 being monies due from the defendant to the claimant

under a regulated agreement between the defendant and Capital One

and assigned to the claimant on 28/09/2015, notice of which has been provided to the defendant.

2: The defendant has failed to make payment in accordance with the terms of the agreement

and a default notice has been served pursuant to the consumar credit act 1974.

3: The claimant claims the sum of £1531 and costs.

4: The claimant has complied as far as is necessary with the pre action conduct practice direction.

 

What is the value of the claim?= £1716.49

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? After

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? Dont think so

 

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

 

Why did you cease payments? Family issues and lost job

What was the date of your last payment? Early 2014

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? No

 

I will AOS the claim tonight and do the CPR 31.14 and the CCA request to Shoosmiths

[dx100uk]

CPR to shoes

CCA to Cabot

[cheeky2015]

Ok perfect will do that, thanks for the help.