Cabot/Restons claimform - cap1 card 'debt'

[letsgetitsorted]

Hi All,

after a bit of advice please, OH was sent an invalid default notice and now the account has been terminated, and passed to capquest.

 

what would be the best letter to use to deal with this one..

 

 

cheers

lets

[middenmess]

Is the DN def. non compliant with legislation?

 

If it is then have you accepted the unlawful recission of contract with the OC and asked for the true amount of arrears due at that time to be notified to you against which you might have a claim for compensation?

 

Have you claimed back any late charges plus interest on the account?

 

Are Capquest now the owners of the account with the correct assignment details or are they just collecting on behalf of the OC

[letsgetitsorted]

Hi Middenmess

cheers for the response.

here is the default notice.

cap1-1edited.jpg picture by letsgetitsorted - Photobucket

cap1-2edited.jpg picture by letsgetitsorted - Photobucket

 

any advise greatly appreciated

[middenmess]

Not the best of default notices to say the least!

 

Unusual layout,pay the amount you have gone over by which is shown as 'Amount Overdue,no date specified to rectify by,prescribed emphasis appears non compliant.

 

In court however,according to many threads on here,Judges have accepted D/N's like yours as being OK.

 

What have you done about it?

[letsgetitsorted]

cheers for that middenmess

with the cap1 for OH just about to send letter to say accept unlawful recession.

the Vanquis one is more complex, been in wrangle with them since december 400+ charges and interest since. just waiting for termination notice.

[letsgetitsorted]

AN UPDATE

well its been a year and capquest have started to ask for the account to be paid, sent them a letter as per sent last year,had a letter back, we going to look into it.

 

so we shall see

[bezzy0_0]

AN UPDATE

well its been a year and capquest have started to ask for the account to be paid, sent them a letter as per sent last year,had a letter back, we going to look into it.

 

so we shall see

 

any thing come of your invalid dn , its been a while since you posted , i have same letters you have, any useful advice? thanks

[letsgetitsorted]

nothing realy has come about it, had a couple of letters in from DCs but sent letters back saying bout unlawful recession and they have sent account back to cap 1.

 

and heard nothing else.

 

so just waiting now

[letsgetitsorted]

Hi All

My better half had a Credit card with Cap one which was terminated in 2010 with default entered March 2010.

 

we heard nothing at all until November 2014 when she had 2 letters from Cabot were received followed by a letter from Restons.

 

this letter advised legal action should the account not be cleared,

I sent a letter asking for details and was told that we had to rely on our own records.

 

then 2nd Feb the N1 Claim was received.

 

this has been acknowledged.

we sent of letters asking for the evidence,

that was received by Restons on 4th Feb and still have had no response from either Cabot or Restons.

 

Here is the defence we Propose to use.

 

please could those in the know have a glance and see how it fairs.

 

many thanks

Lets

 

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2 The Defendant accepts that she has held an account with Capital One in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a section 78 and a statement of account .The claimant has yet to comply and remains in default of said request.

 

3 The Defendant requested copies of the documentation relied upon by way of a CPR 31.14 request dated 03/02/2016, the claimant has failed to supply any supporting documentation.

 

4 It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the Claimant; and

 

b) show how the Defendant has reached the amount claimed for; and

 

c) show how the Claimant has the legal right either under statute or equity to issue a claim.

d) Show the alleged account has/was been terminated in the correct manor.

 

5 As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6 It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

7 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

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**(1-Viewing)-nbsp

 

 

dx

[letsgetitsorted]

Name of the Claimant ? CABOT

Date of issue – . 29/01/2016

 

Date to submit defence = XX (33 days in total) - by 4pm 01/03/2016

 

What is the claim for –

 

 

1.The Claimant claims payment of the overdue balance due from the defendant's

under a contract between the defendant/s and capital one dated on or before 11/1/07 and assigned to the claimant

 

What is the value of the claim? 444.91

 

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? believed December 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? just a letter from Cabot in November

 

Did you receive a Default Notice from the original creditor? no

 

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

 

Why did you cease payments? asked for credit agreement none received

 

What was the date of your last payment? jan 2010

 

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

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no

[dx100uk]

claimant?

 

 

that should be cabot!

 

 

i'll do it

[dx100uk]

have a look here.

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=1.The+Claimant+claims+payment+of+the+overdue+balance+due+from+the+defendant's+&sa=Search+CAG#gsc.tab=0&gsc.q=1.The%20Claimant%20claims%20payment%20of%20the%20overdue%20balance%20due%20from%20the%20defendant's&gsc.page=1

 

 

pick a card debt

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?439861-Cabot-Restons-ClaimForm-LLoyds-Credit-Card-debt

 

 

post 25

[letsgetitsorted]

Hi DX

Many thanks for you pointers and thread pin point, and not to mention merging this thread with the other one that i had forgotten about,

I will do defense on those lines and will paste it back up.

 

cheers

Lets

[letsgetitsorted]

Here is the ammended Defence please can an eye be cast over to see if it is ok to submit

Many thanks

Lets

 

Particulars of Claim

 

1.The Claimant claims payment of the overdue balance due from the Defendant/s between the Defendant/s and Capital One Dated on or about Jan 11 2007 assigned to the Claimant

2. Particulars a/c no ************** Date 03/12/2015 Default Balance xxxxx

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 2 is denied with regards to an amount due under an agreement/contract. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3.Paragraph 2 is denied I am unaware of any legal assignment the claimant refers to within its particulars as the claimant/solicitor has refused to disclose any NoA when requested

 

 

4. On receipt of the claim form the Defendant sent a CPR 31.14 request for a copy of the credit agreement, Notice of Assignment and a statement of account showing how the amount claimed has been reached, to the claimant's solicitors. The claimant's solicitors have yet to comply.

4a The request was made to the Claimants Solicitors on 3rd February 2016 and was received by the claimants Solicitors on the 4th February 2016

 

5. On 3rd February 2016 a section 78 request for a copy of the purported credit agreement was also sent to the claimant via Email. The claimant has yet to comply.

Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and I would request the court that this conduct which is against pre action protocol should be considered when the question of costs arise.

 

6. It is denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 

8. Until such time the Claimant can comply with my request for a copy of the agreement under section 78 of the CCA1974 that it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

 

 

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

 

10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

looks ok

no rush to file it yet mind.

 

 

dx

[letsgetitsorted]

cheers for that DX

will get it in today just in case we forget

[dx100uk]

leave it a week IMHO they might reply to CCA/CPR?

 

 

dx

[letsgetitsorted]

We had a letter from Restons before we had the claim form, so I asked for all the information then and was told that we needed to rely on our own records....so the request went in again under cpr.

 

doubt we will get anything at all

 

cheers Lets

[letsgetitsorted]

Well the Court received our defence and forwarded a copy to Restons ..

 

 

today we had a letter telling us we need to give them a copy of the agreements etc

that we would have had when the account was set up.

 

 

if we cant supply them they want us to discontinue with our defence..

 

 

..I always thought that the plaintiff should have everything in hand before they make a claim ...

[dx100uk]

what!

that's a first

are you reading the letter properly?

 

 

that sounds like restons usual CPR 31:14 reply saying they wont comply

you should already have the docs in your records..

never heard they asking for it..but if they do..

no you do not send anything

 

 

what date did you file your defence please

[AndyOrch]

Well the Court received our defence and forwarded a copy to Restons ..

 

 

today we had a letter telling us we need to give them a copy of the agreements etc

that we would have had when the account was set up.

 

 

if we cant supply them they want us to discontinue with our defence..

 

 

..I always thought that the plaintiff should have everything in hand before they make a claim ...

 

[letsgetitsorted]

DX..I am sure I read the letter right, I will edit it tomorow and will post it up ..sure it said they wanted us to send them a copy of the evidence they rely on ...

 

and yep Andyy...thats what i did after i read the letter

[AndyOrch]

They haven't made a CPR 31.14 request on you the defendant have they???