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Restons/Cabot claim form - old cap1 card 'debt'


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Hi, hoping someone can help.

 

Cabot/ Restons have been sending me letters claiming I owed them £323

 

. I wrote back and asked them to provide me with more information as I didn't know what the debt was for

 

. I didn't sign the letter as I had read somewhere not to

 

, however they refused to send anything until I provided a signed request.

 

Now I have received a county court claim form.

 

My question is,

is it worth trying to defend the debt?

 

I thought they couldn't pursue someone for a debt when there was a genuine dispute,

and they have ignored my request for further information?

Or should I just accept that I'm going to end up with a ccj?

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Thread moved to Financial Legal Issues.

 

If you could read the following link and then post your responses back with the Q,s to enable the best advice on how to proceed.

 

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

 

Regards

 

Andy

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In order for us to help you we require the following information:-

 

Name of the Claimant ? Cabot Financial (uk) Limited

 

Date of issue – 22 June 2016

 

Date of issue 22/6/16 + 19 days ( 5 day for service + 14 days to acknowledge) = 10/7/2016+ 14 days to submit defence = 23/07/16 (33 days in total) -

 

What is the claim for – 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 about Feb 08 2011 and assigned to the Claimant on Sep 28 2015

 

What is the value of the claim? £323.43 + £35 court fee and £50 legal representatives costs = £408.43

 

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

 

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? Yes

 

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? Loss of income

 

What was the date of your last payment? Not sure, I'll have to find an old statement, but it will be at least 3 years ago

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 management plan? No

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Cabot dont care. Theyll issue a claim no matter what. I can almost guarantee they wont have any paperwork for the debt, and the debt will have penalty charges. You also sent a CCA request and they refused it, correct?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It wasn't a formal cca request,

I just wrote and asked them for more information as at the time I genuinely had no idea what the debt was for.

 

Should I cca them now?

If I try to defend will I have to go to court for a hearing?

 

I contacted the national debt line and they said unless I was certain I could win I shouldn't attempt it as I would incur extra costs and I should seek advice from a solicitor (which I can't afford!).

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Yes...follow the instructions in the above link and send a CCA request to the claimant and a CPR 31.14 request to the Solicitor.

 

Register to use the on line service MCOL and acknowledge the service of claim.....that's all you have to do for now.

We could do with some help from you.

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  • 2 weeks later...

Nothing...its a standard response that's on 1000s of same threads here.

 

Andy

We could do with some help from you.

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Don't miss your defence 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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Ok, I've been reading some other threads and have had a go at writing my defence. Please could someone have a look at this and tell me if it looks ok?

Thanks

 

The particulars of the claim are as follows:

 

1.The Claimant claims the sum of 323.43 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Capital One.

 

2.The Defendant's account number was ************* and was assigned to the Claimant on 28/09/2015.

 

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 The Defendant accepts having had Credit facilities with Capital One PLC in the past.The claimant's particulars are spurious and lacking any precise reason or nature of any breach.Unless the claimant can comply to my section 78 request it is therefore not admitted that the amount claimed is outstanding.

 

3: It is accepted and do recall receiving a Notice of Assignment from the claimant, but as the claimant cannot disclose a copy of the agreement or prove they are legally entitled to enforce the alleged debt...the NoA is irrelevant.

 

4. On receipt of the claim, the Defendant immediately requested copies of any documents or information that would support the claim. The request was made by CPR 31.14 and Section 78 request. The Claimant has failed to respond to this request and remain in default. I understand that until their compliance the Claimant is unable to request any relief or enforce any agreement.

 

5. Until such time the Claimant complies I the Defendant deny any liability to the Claimant and puts the claimant 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;

 

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

 

7. 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.

 

8. 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 at all.

Edited by Andyorch
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Are you sure thats all the particulars (verbatim) queen ?

 

Nothing about defaulting or adding section 69 interest?

 

Andy

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Okay just a few edits...check the above and submit if you are happy with the contents.

 

Regards

 

Andy

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Thank you for that.

 

 

Just had a thought,

should I have mentioned somewhere that I had asked for more information regarding the alleged debt before they started court proceedings and was ignored?

 

 

Also, I'm just wondering if I should be admitting to having had credit facilities

as in the original letter I sent to Cabot I said that I did not know what the debt was.

 

 

Would it be better to deny any knowledge of dealings with Capital one?

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Thank you for that. Just had a thought, should I have mentioned somewhere that I had asked for more information regarding the alleged debt before they started court proceedings and was ignored? Not in your initial defence...you can expand in your witness statement should they proceed Also, I'm just wondering if I should be admitting to having had credit facilities as in the original letter I sent to Cabot I said that I did not know what the debt was. Would it be better to deny any knowledge of dealings with Capital one?
No that would be misleading the court..you have had dealing in the past with CAp1...this defence is to challenge they have the right to litigate on it and have all the relevant paperwork...you cant hide that fact.

 

Andy

We could do with some help from you.

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Im not sure you can state what you state in para 2 about accepting the agreement was assigned to the claimant and then state in para 6 that they have contravened the law of property act

 

If you say you accept the agreement was assigned you admit that

 

A) There was an agreement and

B) You accept it was assigned legally which gives them the right to bring the claim

 

Just my thoughts when reading your post, Andy will be better placed to confirm or otherwise

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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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Not really...you may have received a Notice of Assignment from a company purporting to have bought a debt that you do not recall ? ...but you did receive it.

 

But I see your point...lets tweak it.....

We could do with some help from you.

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Done ...please check point 3 QP

We could do with some help from you.

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There are 2 point 2's Andy

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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.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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There are 2 point 2's Andy

 

Amended...point 3 tweaked.

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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