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Cabot/reston claimform - old cap1 'debt' subject to failed OC tomlin

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Hello everyone , I need some help regarding a small claims court claim from cabot and a old capital one credit card.

 

Cap1 took me to court back in 2011 ,

but it never went to court in the end as I settled with them the day before by signing a Tomlin Order,

 

I did make two payments in regard to the order

however both these payments went missing as I payed by cheque ,

in each case the cheque was cashed and my bank confirmed they had cashed it !!,

 

I gave up with them and have not heard anything from them since.

 

I did dispute the balance with the original creditor and they agreed to take off all the charges off.

 

I want to dispute this claim in full and would hope some members here could offer some advice,

 

I guess the first step is to do a "acknowledgement of service" with the court

and then send a CCA request to cabot

 

Any advice would be helpful ,

 

 

thankyou.

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who took you to court in 2011

 

 

have you still got the paperwork>


please don't hit Quote...just type we know what we said earlier..

 

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It was Capital one, they were all gun ho at the beginning but backed off when I disputed all the charge on the account, I have some of the original paper work but I am still looking., thanks

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Name of the Claimant ? Cabot Financial uk ltd

Date of issue – . 05 feb 2016

What is the claim for –

 

 

. Claimant claims payment of overdue balance due from the defendents under a contract between the defendent and capital one dated on or about ----2006 and assigned to the claimant on sep 2015

 

What is the value of the claim? £1150

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? 2006

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 just a letter from capital one saying that account has been sold and have nothing else do do with it.

 

Did you receive a Default Notice from the original creditor? yes

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

Why did you cease payments? out of work

What was the date of your last payment? late 2011

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

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yep ack defend all

CCA request to cabot

CPR to restons [legal section of library]


please don't hit Quote...just type we know what we said earlier..

 

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thanks DX100,

 

Have prepared both the CPR 31.14 and CCA today so will post on Registed post on Monday, Just been looking back through the claim form and don't understand what they mean by " POST REFRL CR NIL! Any ideas anyone ?

 

Many thanks.

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If a Tomlin Order was agreed/sealed with the OC with regards to this agreement...then it cant be litigated again by another claimant.The fact that you may of breached the Order...the claim is still stayed...until either party take recourse to lift the stay or enforce the Tomlin order.

 

Regards

 

Andy


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Hi Andy, thanks for the reply which is very interesting as I was wondering about the tomlin order. I would think that cobot do not know about it anyway, but that is of great piece of mind anyway, thankyou.

 

I really did try my up most best to sought my debts out at the time but these nasty DC were so nasty and horrible I had to decide that enough was enough, many of the payments I did make to them did not go off my debt according to my CF.

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You still need to deal with this claim ...have you retained all the paperwork from the original claim and a copy of the TO?


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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Andy, I have found both the Tomlin and original claim from the court, tomlin dated around oct 11 and states.

 

1) All further proceedings in this claim be stayed except for the purpose of carrying out the terms of the schedule to this order.

 

2) The parties be granted permission to apply to give effect to the terms of the schedule to this order;and

 

3) No order to costs.

 

The court claim was originally made in early Nov 2010 for almost £2100, sadly I cannot find the schedule to the Tomlin, still looking but I did make two payments to this direct to capital one, It does state that It would go back to Bryan carter but I never heard any more from them.

 

 

CPR31.14 SENT TO RESTONS ON 15TH FEB

 

CCA SENT TO CABOT 16TH FEB

 

MANY THANKS

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if carter was the sols are you sure cap1 were the claimant on the earlier claim that resulted in the tomlin?

 

 

unusual pairing there.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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If you would post up a copy of the original claim form from 2010 (less any identifiable data) this will resolve the issue.

 

Andy


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Yes Cap 1 are the original claimant on the claim form, carter are their solicitors as on the original claimform. However I only dealt direct with cap 1 after I contested the fees and charges in my defence to the court.

 

Sorry my scanner is broken at the moment so cannot upload but I am sure.

 

Thanks both of you for your help

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Thanks furnman....

 

Okay lets turn to the schedule of the Tomlin order...what did it state in the event that a breach occurred...who had redress? and what would be the outcome of any default.?

 

Andy


We could do with some help from you.

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If it was one of carters TO's I'm guessing the schedule would be in his usual format of:

 

1. Whatever the agreed total sum is paid by monthly instalments of £xx provided first payment received within 28 days of the order and same day each month thereafter.

 

2. The claimant agrees not to enter judgment on condition the above arrangement is maintained.

 

3. The claimant be at liberty to enter judgement for the unpaid balance if defendant defaults.

 

This is an interesting one as it appears cabot/rectums don't know about the Order already in place. Any agreed terms in the schedule of the TO don't form part of the Order and cannot be directly enforced as an order of the court. A further order is required to do so.

 

As it stands at the moment, the proceedings were stayed following the agreed TO in place. For the claimant to proceed further they would have to make application to firstly lift the stay in place with evidence to support the terms of settlement have not been complied with. As the original court order was between you & cap1, I'm not sure if cabot/rectums even have any say in the matter - or I would have thought that they at least would have to make application to the court to get the order already in place changed to their name. I think it might be an idea to request a full SAR from Cap1.

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Sorry been away working for a few days, thanks for your reply's, I am still trying t find the schedule which the tomlin order requires to comply with the terms of the schedule so I am going to have to get in the atic and check up there.

 

I have had a reply from Restons solicitors which they have returned my CPR request.

 

Letter as Follows.

 

" Please find enclosed a draft letter which purports to come from you but which is unsigned ."

 

" You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to see it."

 

" Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response"

 

What a cheek , I dont know who they are!!

 

Thanks Panther12 for your reply , I agree as it was between cap 1 and myself so cannot see how it has anything to do with cabot and don't believe they can use it against me, well I hope. What is a SAR?

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Subject Access Request...legal request for all your personal data.....template in the library.

 

Andy


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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Thanks Andy, so this would force cap1 to reveal all the information they have on me including the tomlin order and you think i should do this.

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All the data yes...whether it would include details of the TO....maybe not.


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

 

If you want advice on your thread please PM me a link to your thread

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