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Cabot/Hassall claimform - cap1 card 'debt'


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I hope someone can help me, I have not used this site before,

however I have been reading a fair amount of threads but have now become a bit stuck .

Any good advise anyone can give me would be greatly appreciated.

 

I received a letter dated / issue date 11 Feb 2016 from the County Court business Centre Northampton .

 

 

The claimant is Cabot Financial and refers to a debt of £641.79 .

All it says on the letter is an account number and it is for a Capital one account. I

called and spoke to Cabot who said the debt was from 8/2/2010 and was defaulted on 6/8/2010.

 

 

I did not acknowledge the debt and only asked them to send me the original credit agreement and statements . They said this would take 6-8 weeks.

 

I then went online to see where i stand as i do not recall this debt

although i had some financial problems around this time

and instructed a debt management company to organise

and consolidate the many creditors i had at the time.

 

I then went on to the money claim website and made an acknowledgement of service

and set out to defend all of the claim .

 

I wrote to both Cabot and Wright Hassall requesting information under CPR18.

 

 

I also wrote to the court saying what i had requested from both parties

and that if i had not received the information back within 2 weeks that the claim be struck out.

 

I have now received a letter back from Wright Hassall confirming

that they will take 6-8 weeks to receive the original documentation .

 

 

They say my file will remain on hold and that i will need to make a subject Data request

and pay a £10 fee for copies of all information including transcripts?.

 

My question is

what do i need to do now ?

 

 

I have been as quick as i can in responding to this

but am worried about a default judgement being made

without me having the documents i have requested.

 

Should I send the letter i have received from them to the court ?

If so what letter should I write and should it include anything inparticular .

 

 

I am shocked that these people can take me to court without having the documents to hand in the first place.

 

Can I request that the court has the case dismissed due to time wasting etc?

Any help anyone can give me would be really appreciated .

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

 

 

can you please fill the above in

and post the Q&A back mere

so we can help you properly

 

 

you are not alone

lots of the same claims already running here.

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you shouldn't be ringing anyone...

 

send the claimant a CCA request

send Hassall a CPR 31:14

 

nothing to do with CPR 18 nor an SAR

not sure where you got that from

hopefully not here?

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Name of the Claimant ? Cabot financial UK Ltd

 

Date of issue – 11 Feb 2016

 

What is the claim for –

 

 

1.The Claimant's claim is for debts arising from consumer creditlink3.gif Act 1974 agreements.

The Claimant is an Assignee of the following debt[s,]

notice of the assignment have been given to the Defendant in writing.

Capital One Account no xxxxx £641.79

 

2.Despite demands for payment, the above sums remain due.

The Claimant therefore claims the sum of £280.00 interest under s69. County Courts Act 1984 and costs.

 

What is the value of the claim? £641.79+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? 8/2/2010

 

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. Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No live in shared house post gets thrown out

 

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

 

Why did you cease payments? Don't remember this credit card

 

What was the date of your last payment? Don't know

 

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

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And their particulars of Claim also Aaronaustin ...please.

 

Andy

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And their particulars of Claim also Aaronaustin ...please.

 

Andy

The only information I have is account number ........ £641.79

 

I have had no contact with anyone regarding this debt and I do not remember having a capital one credit card . Maybe my girlfriend at the time racked up the debt . I cannot remember

 

If they provide all the documents and statements I will pay the debt but I won't if they cannot prove the debt all I want to know is how to get the court to order them to produce the documents

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all I want to know is how to get the court to order them to produce the documents

 

send the claimant a CCA Requestlink3.gif

send Hassall a CPR 31:14link3.gif[legal section of the library

 

if they don't comply by the time

your defence is due..

4pm Monday 14th march

 

then you file the no paperwork defence

widely available here

but don't file yet

 

nothing else you need to do

no phonecalls

no nothing

 

its worthy to read like threads

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Cabot/Hassall+claimform+-+cap1+card+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=Cabot%2FHassall%20claimform%20-%20cap1%20card%20'debt'&gsc.page=1

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thread tidied

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I sent CCE request and 31.14 request out yesterday .

This morning I received this letter from the court

 

Hello there.

 

I've removed your attachment because it had your name and the case number on it. Please could you remove identifying information and repost?

 

HB

Illegitimi non carborundum

 

 

 

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And as its a standard template response from the court...don't bother re uploading as its already on 1000s of threads already.

 

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 OTHER

 

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

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

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usual rubbish

say to ignore

if you go read other threads here.

 

 

don't miss 14th march filing date

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As per #7, nothing else to do except file on 14th march by 4pm.

 

take the time now to read up on similar threads to familiarise with what is likely to happen

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I'm not sure if I have made a mistake

as at the start of this thread I mentioned I had made requests to Cabot / Hassell

but I also submitted to the court as well .

 

 

I think I may have already sent my no paperwork defense ,

 

 

should I send a revised defense now ?

I can upload what I sent to the court

defence.pdf

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go check on mcol website status of the claim

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When I do it just says incorrect password or case number . Even though I enter the correct ones ? Should I call the court

 

I call the court and they said that defense was filed on 24 th February I have to call a different number for technical help with the MCOL website login

 

Should I send a revised defense ? If so how to I go about doing that . Sorry bit confused

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Should I send a revised defense ? If so how to I go about doing that . Sorry bit confused

 

No that will suffice...and CCBC has accepted it as being valid.

 

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 OTHER

 

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

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

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