Cabot/Restons claimform Cap1 Card 'debt'

[mikecymru]

Hi,

Claim form received from cabot through restons sols.

 

Only just in the nick of time too.... I've moved and it went to the old address, I've acknowledged service.

Next to cca, I guess?

 

I'll post the particulars later.

 

Might need some help with defence. So I thought I'd start a thread now rather than later

 

Mike

[dx100uk]

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

[mikecymru]

Name of the Claimant ? Cabot Financial (UK) Limited

Date of issue – 12th February 2016

Date of defence issue - 4pm Tuesday 15th March 2016

What is the claim for –

 

1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and capital One Dated on or about Month Day 2007

and assigned to the claimant on Month Day 2015

 

Particluars: a/c no XXXXXXXXXXX

 

Date Item Value

xx/xx/2016 Default balance £300

Post refrl Cr NIL

Total £300

What is the value of the claim? £400

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit account

 

When did you enter into the original agreement before or after 2007? During 2007 - to my knowledge.

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. Assigned to Debt purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I dont recall receiving one, Im fairly certain I didnt.

 

Did you receive a Default Notice from the original creditor?

Maybe, but it was a long time ago.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Not recently

Why did you cease payments?

Lost my job.

 

What was the date of your last payment?

I dont know this and have no Bank accounts going back that far.

 

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

Yes, from what I recall

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

No.

 

Im sending CCA and CPR today.

Thanks

[dx100uk]

who was the OC please

[mikecymru]

Capital One

[renegadeimp]

CCA. Cabot have a lot of UE debts lately and are just spamming the court system hoping to get judgment by default.

[mikecymru]

Sorry, Quick question.

 

CPR31.14 is this correct for credit account? and do I need to send a £1 postal order with it?

 

Ive looked but cant find a reference that explains that.

 

Thanks

M

[dx100uk]

no

 

 

CCA request to cabot

CPR 31:14 to restons

 

 

don't sign anything

read the full threads first

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Cabot/Restons+claimform+Cap1+Card+'debt'+&sa=Search+CAG#gsc.tab=0&gsc.q=Cabot%2FRestons%20claimform%20Cap1%20Card%20'debt'&gsc.page=1

[mikecymru]

I have sent CCA to Cabot with £1 - No signature, CPR to Restons - No signature, £0.

 

Thanks

 

DX

[mikecymru]

Hi all,

 

I have not received a response to either CCA or CPR, and I am probably unlikely too...

 

I need to put my defense in shortly, tomorrow ideally so heres what I have so far

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Capital One, Dated on or about Month Day 2007

and assigned to the claimant on Month Day 2015

 

Defence

 

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 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. The Claimant has failed to confirm that the alleged debt has been assigned therefore whether they are legally allowed to make this claim and act as Claimants.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response.

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request. To date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon icon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as 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 crediticon con Act 1974.

 

6. 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

[mikecymru]

what do you think?

 

Thanks

 

mike

[AndyOrch]

Defence is fine in the main mike...except for the following...

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

The claimant is not compelled to disclose anything pre defence...so that is not a reason to deny you are not indebted for the claim made?

 

Andy

[mikecymru]

Hi Andy, Thanks for the feedback , I think I understand. So I can delete Para. 2 renumber and submit? I will check post today just in case they have replied, and submit this evening. Thanks for your help. Mike

[AndyOrch]

Not just a case of delete it...but replace it and redraft a response that is CPR compliant..remember any point that you do not respond to is an admittance as far as the court is concerned.

[mikecymru]

Hello Andy,

 

I have done some reading on similar cases, but im struggling to understand what to do here...

Can you point me in the right direction?

 

1 question: if there is no reply then should i plead an embarrassed defense?

 

Mike

[mikecymru]

How about this? - I only sent the CCA 7 days ago... so its difficult to argue that they are in default per se.

 

2 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. Furthermore the claimant has not responded to a request made under section 78 of the CCA 1974 which has not been complied with and this agreement is disputed.

[AndyOrch]

Or perhaps...

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Capital One .I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim or state any alleged breach or whether they have ever issued a Default Notice pursuant to sec88 of the CCA1974.

 

Dont be too quick to drop the fact in that they are in default of your section 78 request...leave it as a parting shot...but not as your no1 main priority of your defence.

 

BTW the court does not know when you sent the request or when they will be in default.....but they will be by the time its submitted.

 

Andy

[mikecymru]

Hello Andy,

 

Yes that is very eloquent and works well. Thank you.

 

Full defence now reads:

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Capital One. Dated on or about Month Day 2007

and assigned to the claimant on Month Day 2015

 

Defence

 

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 1 is noted. I have in the past had financial dealings with Capital One . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim or state any alleged breach or whether they have ever issued a Default Notice pursuant to sec88 of the CCA1974.

 

3. The Claimant has failed to confirm that the alleged debt has been assigned therefore whether they are legally allowed to make this claim and act as Claimants.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response.

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request. To date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon icon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as 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 crediticon con Act 1974.

 

6. 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

[AndyOrch]

[mikecymru]

Great thank you I will file later.

 

Its due by 4pm tomorrow.

 

Lets see how it goes....

[mikecymru]

Just a quick one - The MCOL portal wont accept my response - technical error.

 

So have emailed [email protected]

 

Is this ok???

 

Thanks

 

mike

[Old Cogger]

thats fine you should get a E-Mail receipt by return

[mikecymru]

thats fine

 

Great! Thank you, thought it best to check, I'll give them a ring in the morning as well

[mikecymru]

Well we are long past the 28days from my defence submission, after ringing the court they inform the claim is stayed.

No response from Sols.

what now? wait.....