Cabot/mortimer claimform - old barclaycard debt

[mystirio]

I am in the process of fighting a county court case and have looked at my credit on noodle there is no mention of the account on it how acurate is noodle??

[maroondevo52]

Hi,

 

They can only report on what they are given from lenders ect, what's the story with your county court case. If you could give some details it would make it a whole lot easier for members to help you out.

[martin2006]

Noddle is about 4-6 weeks behind real time.

 

Please flesh out the claim as requested and where its at at the moment including any action you have taken in response so far

[mystirio]

at the moment i have defended all that gives me 28 i have sent away for +5 days

I have sent away for the following info from them

 

 

1. Request for copy of my Agreement as underConsumer Credit Act 1974 (Sections 77−79
   
2. Request for documents mentioned in a statement of case under CPR 31.14
   

[martin2006]

So could you type in the PoC verbatim please and also what you have done so far, with dates.

 

The above doesnt give us much of a clue where your at or if youve sent the right things to the right people and when you need to file a defence.

[mystirio]

sorry about that martin

poc are as follows

by an agreement between barclays bank plc and the defendant on or around 19/05/2001(the agreement)Barclays bank plc agreed to issue the defendant a credit card ,the defendant failed to make the minimun payment and the agreement was terminated ,the agreement was assigned to the claimant the claimant therefore claims the sum owing

 

sent defend all on line

sent cca letter 2 days after recieving claim also sent cpr 31.14 asking for the following

Agreement /contract

Assigment

Termination of agreement

[martin2006]

Ok few more questions:

 

1. What is the date on the claimform?

2. Who did you send the CCA to?

3. Who did you send the CPR 31:14 to?

4. Who are the solicitirs acting and who is the claimant.

5. When was the last payment or written acknowledgement of the alleged debt?

We need all of the above info to assess and advise correctly

[mystirio]

claim form 14 sept answered 18 sept

cca to the claimant

cpr31.14 to the solicitors

mortimer claorke solicitors

the last payment or aknowledgement not sure about this one

[martin2006]

Check your credit files for last payment or simply ring the original creditor and ask.

Note that your defence must be filed on 14th oct by 4pm

 

33 days from the date on the claimform is sunday 16th oct so must be done by the previous friday.

 

Get reading similar barclaycard threads for the tyoe of defence you will be using

[dx100uk]

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

[mystirio]

Name of the Claimant = Cabot Financial (uk)ltd

 

Date of issue = 14 sept 2016

 

What is the claim for -

1.by Agreement between Barclays Bank and the defendant on or around 19/5/2001(the agreement)barclays bank plc agreed to issue the defendant with a credit card

2.the defendant failed to make the minimun payment due and the agreement was terminated

The agreement was assinged to the claimant

 

The claimant therefore claims £2742

What is the value of the claim? £2927

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? 19/05/2001

 

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

did you receive a Notice of Assignment? not as I am aware of

Did you receive a Default Notice from the original creditor? same not as i am aware of so long back

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

Why did you cease payments? new child/ not working

What was the date of your last payment cannot confirm that

 

looked at noodle there is nothing from cabot on there

 

maybe worth a sar???

[martin2006]

No Point in a SAR to cabot and probably not enough time to SAR Barclaycard.

 

Is the BC account still showing on noddle, maybe in "closed" accounts section now.

If you cant find last payment indicated on noddle, ring BC and ask them.

[mystirio]

what do i ask bc for please???

 

also to add there is no account number to be seen would bc be able to locate it

[dx100uk]

who are the solicitors please

and is that ALL from the particulars of claim box?

you appear to be +£200 diff in sums

no section 69 interest?

[mystirio]

sorry about that but i posted where it went i dont know

 

mortimer clarke solicitors

 

on the end it say the defendant therefore claims 2742

 

no section 69 intrest

 

no account number even

 

the diffrence in the amount is that one includes costs

[martin2006]

what do i ask bc for please???

 

also to add there is no account number to be seen would bc be able to locate it

 

You are asking if BC can verify when the last payment was made to the account.

[mystirio]

martin2006 question for you

 

i sent both the letters by royal mail signed for

 

i am a bit worried that they could say they didnt get it

 

i have check and they were both delivered and signed for and both receipts are printed off but signature is non distinct any idea??? is that enough proof

 

checked closed accounts te file is not there either???

[dx100uk]

you only have to prove you sent it

rest is their problem.

 

 

dx

[martin2006]

As dx has said mystirio, you only have to prove it was sent, keep the proof incase you need it

[dx100uk]

I take it at some point you did have a Bcard?

[martin2006]

Did you ring BC today? What did they tell you?

[mystirio]

yes some point if that was assinged over in 2001 then i must be defaulted prior to this date i cant find any documents to cover this

 

i tried to contact them sorry if i didnt explainin begining this is my wifes account they would not spreak to me only the account holder

 

 

she was working il get her on it asap when she finishes work she works awkward shifts anyway thanks everyone you bveen great in helping me

 

ive written the number down for her to call as i see it is a 24 hr call centre is barclays customer service the one i need

[dx100uk]

no you took out the card in 2001

we don't know the dca assignment date do we?

 

 

time to go ring Barclaycard

find out last payment date....

[mystirio]

correct my error on that one thanks for the correction

 

ok will their customer service supply me with the details???

 

shes going to phone customer service when she gets home 6 tonight

[mystirio]

we phoned this morning 4 times and eventually got through to a person on the other end not a robot thank god anyway gave details and she looked it up and said that she could not find anything about the account the other option she said was to phone number supplied by her to see if they have anything

 

this number is only available from 9-5 monday fri:|