Cabot/retons Claimform -old Cap1 card 'debt' prob Statute Barred?***Claim Discontinued***

[Lynchy65]

Hi all I'm hoping someone can help me out here.

 

I had a cap one credit card debt which as far as I can remember the last payment was made in 2008

 

 

I have had no contact with them since. (Moved numerous times, left country until 2011).

 

 

Last year I received a letter from cap one saying that my account had been passed to Cabot

who consequently wrote asking for payment.

 

I sent a letter to say that I do not acknowledge the debt blah blah.

They said the debt was mine but I ignored them for a while.

Eventually they past the details to restons who of course threatened court action.

 

I sent a cca request to Cabot who wrote back in March saying they did not have the info but would request it from Oc.

They went on to say that the debt was unenforceable and no action could be taken.

So I waited.

 

Nothing happened until 28th June when I received a court action.

 

 

Forgot to mention that I had written to restons saying that I believed the debt was statute barred

and they wrote back saying that the account had not been terminated until on or around 26th June 2010.

 

The court action was taken out on 24th June! They have sent no information re cca request. So I have acknowledged online the court papers and ticked that I which to defend all the claim.

 

I am hoping someone on here will be able to help me with the defence of the claim and if there's anything I can do.

 

Many thanks x

Edited July 6, 2016 by Lynchy65

[AndyOrch]

Hi Lynchy65 and Welcome to CAG

 

I have moved your thread to the Financial Legal Issues forum in view of the claim form received.

 

If you would read the following link and then post your responses back here along with the Qs to provide a little background to the debt.

 

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

 

Regards

 

Andy

[Lynchy65]

Name of the Claimant ? Cabot

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

24th june 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

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 may 19th 2003 and assigned to the claimant on September 28th 2015.

15/01/2016 default balance £1584.60

Post Refrl Cr nil

 

What is the value of the claim? £1584.60

 

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?

Before

 

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. Dca

 

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? Not that I'm aware of (left the country )

 

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

Why did you cease payments? Marriage breakdown

 

What was the date of your last payment?

Not sure but in 2008 I would assume

 

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

 

I had sent a cca request to Cabot as stated above withthe postal order but still haven't received anything.

Thanks

[AndyOrch]

Many thanks....

 

Refer back to the link and now send a CPR 31.14 request......follow the instructions provided within the link.

 

Regards

 

Andy

[Lynchy65]

Many thanks....

 

Refer back to the link and now send a CPR 31.14 request......follow the instructions provided within the link.

 

Regards

 

Andy

Thank you will do

[Lynchy65]

Do I need to do anything else yet on my court defence? Or do I wait and see if they send the info?

[AndyOrch]

You have 33 days in total to submit your defence (Day 1 being the date on the claim form)...you have already acknowledged service so just keep an eye on your defence due date.

[dx100uk]

Are you saying you no longer reside in the UK and never will now!?

[Lynchy65]

Are you saying you no longer reside in the UK and never will now!?

 

No we moved back in 2011

[dx100uk]

OK did wonder...

you've done aos CCA CPR

Plenty of threads here to read

 

Dx

[dx100uk]

Why not ring cap1 and ask last payment?

If its sb'd we can give you the SB def today to file

 

Dx

[Lynchy65]

OK did wonder...

you've done aos CCA CPR

Plenty of threads here to read

 

Dx

Will be sending cpr on Saturday as I have to go to the library to print it off as we don't have a printer.

 

 

I have previously sent a cca request to Cabot

who said they were going to request info from the original creditor

as they didn't have those details and that the debt was unenforceable!

 

 

Should I send a copy of the lette rto the solicitors as they probably don't communicate with each other?

[Lynchy65]

Why not ring cap1 and ask last payment?

If its sb'd we can give you the SB def today to file

 

Dx

Apparently they only keep records for 6 years so chances are they won't have it anyway

[AndyOrch]

Apparently they only keep records for 6 years so chances are they won't have it anyway

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

All agreements are active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

[dx100uk]

go ring cap1

[Lynchy65]

I have rung crap one

but because I can't remember my ancient telephone number

or the credit limit they can't access my account over the phone.

 

They have given me an address to write to so I can ask for the info in a letter.

Doubtful I will receive such information in Time to submit my defence.

 

Funny how the letters find you and they can't even get my postcode right

but they can't give me info over the phone!

 

Would it be worthwhile requesting a subject access request?

How is it they can go to court even when dca has already put in writing that the debt is unenforceable and they cannot take court action?

I'm confused over that!

 

As I know I owe the money do you think it would be worth while offering a full and final offer of £150 to make this go away.

My son has offered to give me that.

 

If they do get a court order I only get £62 a week carers allowance

so there is no money left to pay anything anyway.

 

Thoughts please

[dx100uk]

No don't ever consider that!!

Why not look at your credit file

Might give you some hunts

Or phone someone that might have your old number listed

 

But quite honestly its for them to prove its not sb'd

Not for you to prove it is..

And termination date is not the start for the clock!!!

 

Reading post 1 if this were me.... I'd go file the SB defence.

[Lynchy65]

Thanks Dx. .

.this has fallen off my credit file as even using their dates 6 years ended 26th June last month.

 

There were no details when it was on my file.

 

I just don't want it going back on with a judgement in their favour.

 

Can they get a judgement even though they have told me they can't?

[dx100uk]

Not got an crystal ball

But if its not sb'd they'll be the CCA to deal with too

No enforceable CCA no dice

 

The debt can never return

But of course a ccj

Were you to suffer judge lottery

Would be there for 6 yrs

If you lost

And if its not paid in 28 days

 

That's the extreme worst that can happen

 

But please don't worry yourself

[Guest]

How is it they can go to court even when dca has already put in writing that the debt is unenforceable and they cannot take court action?

I'm confused over that!

 

re a cca request?

its been held that they can issue a claim,

but it wldnt be enforceable by a j without a satisfactory cca being proven.

 

if theres been nothing further to prove the cca since them saying that,

then cld use that statement in yr favour. re misleading.

[dx100uk]

Thanks Dx. .

.this has fallen off my credit file as even using their dates 6 years ended 26th June last month.

- claim was issue 24th that paused the SB clock

 

There were no details when it was on my file.

 

I just don't want it going back on with a judgement in their favour.

 

Can they get a judgement even though they have told me they can't?

 

 

yes if the claim is undefended

[Lynchy65]

Thanks for the repies everyone. I have sent the cpr request yesterday so hopefully they'll get it back to me in time for my defence. Does the time for defence start at day 1 on the date on the claim form? So if it was 24th june that is day one?

[AndyOrch]

Thanks for the repies everyone. I have sent the cpr request yesterday so hopefully they'll get it back to me in time for my defence. Does the time for defence start at day 1 on the date on the claim form? So if it was 24th june that is day one?

 

Yes...but don't wait around for a response to the CPR...as you will not get one..start looking at defences and preparing one.

[Lynchy65]

restons have written back saying that they don't have to provide what I asked for in the cpr request

as they filed using the business centre which is a procedure specifically provided for in the cpr.

 

This procedure only allows a claimant to insert brief details of the claim

and does not allow for the attachment of any enclosures.

 

Paragraph 5.2a of practice direction 7e specifically states

 

"the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particular sender of the contract claims does not apply to claims stated using an online claim form unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction ".

 

They go on to say

 

We would remind you that cpr 31.14 states

A party may inspect a document mentioned in

A) a statement of case

B) a witness statement

C) a witness summary or

D) an affidavit

 

You have been provided with a copyof the contractual ts and cs at the time the account was opened

and hence we see no reason why you now require an additional copy.

 

Furthermore the other documents you have requested are not 'mentioned ' in the particulars of claim and therefore cpr 31.14 (1) does not apply.

 

Although your letter states that you require the requested documents in order to file a defence / counterclaim we would point out that the particulars of claim contains sufficient information in order for you to understandwhat the claim relates to namely;

A) the date the account was opened

B) the account number

C) the outstanding balance

D) the name of the original creditor and

E) the fact that the account has been assigned to the claimant and when it was assigned

 

We trust that clarifies the matter.

 

please tell me what I do now as I have received no information from my cca request or the cpr request

and I can't prove when the last payment was made or when cap one defaulted the account.

 

I'm baffled now.

 

Is this a normal response for this claim made at the county court business centre?

 

Help please

[dx100uk]

yes that's a std letter restons send to many defendants

if you go read other reston claims.

 

CCA to cabot must be replied upon

else they'll fail

 

just don't miss your def filing date

holding/no paperwork one

in again many threads in this and the successes forum off of this one