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Cabot/Retsons claimform - old cap1 card 'debt'


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I had a capital one cc, loads of charges on it. the balance at present i am being chased for by creditors is over £600, however over £400 is charges. because the balance is still outstanding how do i challenge this?

 

all help is much appreciated

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Have you sent away a DPA SAR to get all the individual charge/manual intervention info? If so now send a prelimilary letter asking for charges to be refunded within 14 days! Template letters can be found in the bank library section on the forum! If its Cap One's debt collectors that are chasing you tell them when they phone that you are disputing the debt and only to communicate with you in writing as you are unwilling to discuss financial dealings over the phone (witin your rights to do!). Theres a step by step guide on the FAQ of the forum!! Hope this helps this now! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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It doesn't matter the charges have already been deducted from your account! Just follow the step by step guide sticking to your timetable and you'll only have £200 to pay off when you get them refunded to your account. I'm in exactly the same situation, balance of £700, claiming £540, have just posted off mt LBA this week. I got offered £216 within a week of posting my prelim letter(which I politely declined) and have had the account passed back from debt collector control to being controlled by Crapitol One, due to me desputing the debt. They are less forthcoming with phone calls now, as I have a good memory for text and can real a lot of the OFT/Consumer Credit Act off th etop of my head to them over th etelephone when they call. :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 9 years later...

Hi,

 

I have received A County Court claim form with regards to an old Capital One card, now owned by Cabot & the hunting pack is Restons.

 

I will send a CCA Request to Cabot today with a £1 postal order & also reply to the claim with the Acknowledgment of service.

 

Does that sound correct?

 

Thank you

 

I'm assuming this is a proper Court claim form and not a Restons special.

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please read and fill out the following, will move thread to Financial leagal issues as claim has been issued

 

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

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Name of the Claimant Cabot Financial (uk) Limited

 

Date of issue – 05 FEB 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? The claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about May 26 2010 and assigned to the claimant on Sep 28 2015.

 

Particulars a/c no ******

 

Date 15/01/2016

Item Default Balance

Value 328.70

What is the value of the claim? £329

 

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 (2010)

 

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 purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No letter but Noddle showed the change

 

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

 

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

 

Why did you cease payments? Lost my job and buried my head

 

What was the date of your last payment? Mid 2011

 

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 managementlink3.gif plan? No

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Did you acknowledge service on line using MCOL trolley ?......you have 33 days in total if you are defending in full.

 

Andy

We could do with some help from you.

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Just in the process of doing it now :)

 

I have sent the CCA to Cabot and tomorrow will send of the CPR 31.14 tomorrow.

 

With regard to the CPR 31.14, The particulars on the claim don't mention any of the following,

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment*

 

3: the default notice*

 

4: the termination notice*

 

5: statement of account*

 

So should i remove them all?

 

Sorry if it sounds a stupid question.

 

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they mention a contract (agreement) and assignment? both of which wld require documentation.

they prob wont oblige it anyway, as is 'small claim'. you'll prob get a template letter saying such.

IMO

:-):rant:

 

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  • 2 weeks later...

8th March is your final day to submit your defence

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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And I don't need to update anything on moneyclaim until then?

 

Thank you

 

Nooooo

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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