Cabot/reston claimform - sainsbury Credit card 'debt'

[Dire1]

Hello everyone,

 

I received a court claim dated 04 August 2016 for the sum of £1994.53.

 

It is a claim put in by Restons on behalf of Cabot.

 

Details of debt

 

Original creditor: Sainsburys

Type of dent : credit card

Account opened: 7 July 2003

Terminated: 22 April 2009

Date of assignment: 27 November 2012

Last payment: 23 November 2011

 

Restons sent me a letter dated 15 July 2016 advising till 29 July to respond or they'll request CCJ.

Sadly by the time I had access to the letter at my address that deadline had passed.

 

I started getting calls from Cabot at all times of the day since last year but I didn't know who they were so I didn't respond.

 

I do not recollect getting the notice of assignment from them.

 

I am so terrified,

what do I need to do now?

Do I send a cca request to Cabot, I have seen the template on here.

 

 

What are my deadline dates for responding to the claim court?

Having a CCJ in place could harm my employment.

 

Thank you.

Please note I have read other threads, but not seen any that directly applies to my situation.

[gregs07]

Cca request asap. It's quite an old one hopefully the original paperwork is long gone. Good luck.

[Dire1]

Thank you Gregs07

[Dire1]

How do I attach documents or images to emails and to posts? They do not have an url. Thank you.

[honeybee13]

How do I attach documents or images to emails and to posts? They do not have an url. Thank you.

 

Hello there.

 

If you click on the word upload in my post, you'll go to a hyperlink that tells you what to do.

 

HB

[honeybee13]

Could you have a read of this stikky and post up the information please? It will help the guys to advise you.

 

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

 

HB

[shamrocker]

Cca request asap. It's quite an old one hopefully the original paperwork is long gone. Good luck.

 

Also, you need to get a CPR 31.14 request off to the solicitors. Get these done immediately if you can. You can sit back and relax for a while once these are out of the way, and they'll be your little friends later in the process.

 

I think details are included in the link Honeybee gives above.

 

Sham

[Dire1]

Thank you everyone. This is amazing, whatever the end result is I appreciate your time and effort. Off to sort out both letter.

[AndyOrch]

If I could advise you to do nothing just yet Dire until you complete the the link above and copy and paste the Qs and your responses back here.

 

Andy

[Stigman]

Have you logged into the MCOL website and updated it so that you are defending all?

 

Acknowledge the claim on MCOL website -_AOS box

Defend all

Leave jurisdiction unticked

 

Stigman

[Dire1]

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

 

Name of the Claimant ? Cabot Financial UK Limited

 

Date of issue – 04 August 2016

What is the claim for – the reason they have issued the claim?

Particulars of Claim

1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and sainsbury dated on or about July 07 2003 and assigned to the claimant on November 27 2012.

2. Particulars account ********

Date: 15/07/2016

Item: Default balance

Value: £1809.53

Post Refrl Cr: Nil

Total : £1809.53

What is the value of the claim? including court fee and legal cost £1994.53

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 - 07 June 2003

 

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? I think so

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Financial difficulty as at then

What was the date of your last payment? 23 September 2011

 

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? i did have one which i defaulted on

[Dire1]

I am confused now as to whether I should send letters or not???

[dx100uk]

yes ofcourse you send CCA/CPR

 

 

on the claimform there is a box called particulars of claim

can you type that out please

 

 

dx

[Dire1]

Draft CCA

Cabot Financial (UK) Limited

1 Kings Hill Avenue

Kings Hill, West Malling

ME19 4UA

12 August 2016

Dear Sir or Madam

 

[removed - dx]

please read what it says at the top of the letter about templates

[Dire1]

My apologies for piuuting the template on here - learning curve!

 

dx - there isnt a box saying particulars of claim though there are lots of boxes!

[dx100uk]

What is the claim for – the reason they have issued the claim?

Default payment £1809.53 -- Notice date from Restons: 15/07/2016

 

 

^^^ there should be more than just this

we know rectums put the barest of details as they cant be bothered to do anything else

as they think they'll get a default CCJ which goes uncontested

but even on rectums past stds that's pretty bare

 

 

dx

[Dire1]

Posted both letters! Cabot's with blank £1 postal order, Reston's stating will cover costs.

 

Now please what do I do with court claim form ?

 

Thank you.

[Dire1]

What is the claim for – the reason they have issued the claim?

Default payment £1809.53 -- Notice date from Restons: 15/07/2016

 

 

^^^ there should be more than just this

we know rectums put the barest of details as they cant be bothered to do anything else

as they think they'll get a default CCJ which goes uncontested

but even on rectums past stds that's pretty bare

 

 

dx

 

I have refused to engage with the claimant.

[Dire1]

First of all thank you to everyone who haa advised and helped!

 

I have read the link for the claim form so know what to do next, but have a question.

 

 

Does the defence 14 days period start from the day you acknowledge the claim or is it an automatic 33 days from notice date of 5 August?

[dx100uk]

33 cal days from the date on the claimform top right

day one in the count being that date on the form.

 

it would be better for you to type out the POC please

 

just do post 10

and get CCA/CPR running

don't sign anything

 

as for the claimform

you do nothing

you are using the online portal you don't need it

[Dire1]

33 cal days from the date on the claimform top right

day one in the count being that date on the form.

 

 

it would be better for you to type out the POC please

 

 

just do post 10

and get CCA/CPR running

don't sign anything

 

 

as for the claimform

you do nothing

you are using the online portal you don't need it

 

What is POC and post 10?

 

I assume you are saying to fill claim form online?

 

I have sent cca and cpr

 

Thank you.

[honeybee13]

What is POC and post 10?

 

I assume you are saying to fill claim form online?

 

I have sent cca and cpr

 

Thank you.

 

Hi.

 

POCs is Particulars of Claim, which are on the claim form. The guys here need to see exactly what it says [minus anything that might identify you] in order to advise.

 

Post #10 is on this thread, Stigman telling you how to acknowledge the claim online.

 

HB

[Dire1]

Hi.

 

POCs is Particulars of Claim, which are on the claim form. The guys here need to see exactly what it says [minus anything that might identify you] in order to advise.

 

Post #10 is on this thread, Stigman telling you how to acknowledge the claim online.

 

HB

 

Going by what I found on the Internet the POC is simply the first page of the claim form.

 

I will post it tomorrow .

Thank you

[dx100uk]

no this is a claimform

I've boxed the area we need

[Dire1]

Particulars of Claim

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and sainsbury dated on or about July 07 2003 and assigned to the claimant on November 27 2012.

Particulars account ********

Date: 15/07/2016

Item: Default balance

Value: £1809.53

Post Refrl Cr: Nil

Total : £1809.53

 

The claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement.

 

Signed

Claimants legal representative

 

Have you logged into the MCOL website and updated it so that you are defending all?

 

Acknowledge the claim on MCOL website -_AOS box

Defend all

Leave jurisdiction unticked

 

Stigman

 

I have acknowledged today and left the jurisdiction box unticked.

Thank you.

 

Do I wait to hear from Reston and Cabot regarding cpr and cca respectively to file my defence BUT must file defence within 33 days of claim issue date?

 

I logged out without filing my defence- is that okay?