Cabot/mortimer Claim form - old CAP1 Card Debt

[Ukdeveloper2]

Today I received a claim form from Cabot Financial with docs to be sent to Mortimer Clark Sols.

 

Name of the Claimant ?

CABOT FINANCIAL

 

Date of issue –

24 JULY 2017

 

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) -

26th AUGUST 2017

 

 

 

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

By agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 24/07/2014 ('the Agreement') CAPITAL ONE BANK (EUROPE) PLC agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 307.59

What is the value of the claim?

392.59

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

CREDIT CARD

 

When did you enter into the original agreement before or after 2007?

2014

 

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

 

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

NO

 

Did you receive a Default Notice from the original creditor?

Not that I can remember

 

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

No

 

Why did you cease payments?

became ill and went on benefits

 

What was the date of your last payment?

unsure

 

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 planicon?

no

[fkofilee]

pop up on the MCOL website detailed on the claimform

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't signicon anything

.

[dx100uk]

rough guess on last payment date:

within 6yrs?

[Ukdeveloper2]

within 6 years yes but I really can't remember the last one.

 

This sounds very scary.... what will this actually do or allow me to do.

 

Also where you say "don't sign anything" I'm assuming signing the MCOL is ok?

[dx100uk]

there is nothing to sign on a website???

[Ukdeveloper2]

there is nothing to sign on a website???

 

not physically, but on MCOL website as you go through the AOS at the end it asks you to "sign" by entering your name and is. required field.

[fletch70]

I think it is probably worthwhile to send a SAR to capital One as well

 

An important question

 

Who exactly are the claimants

cabot Financial

cabot Financial (uk)

 

From the POC all you can ask for on the cpr31.14 request are the agreement, the termination notice and the assignment ( I was ask for the notice and deed of assignment - they wont send the deed but is worth asking)

 

 

The SAR will show you if a DN was issued although when I sent a SAR to Cap 1 , their first response did not include everything I asked for so i wrote back and got a whole lot more including an account I had forgotten about

[Ukdeveloper2]

I think it is probably worthwhile to send a SAR to capital One as well

 

An important question

 

Who exactly are the claimants

cabot Financial

cabot Financial (uk)

 

From the POC all you can ask for on the cpr31.14 request are the agreement, the termination notice and the assignment ( I was ask for the notice and deed of assignment - they wont send the deed but is worth asking)

 

 

The SAR will show you if a DN was issued although when I sent a SAR to Cap 1 , their first response did not include everything I asked for so i wrote back and got a whole lot more including an account I had forgotten about

 

 

Sorry its Cabot Financial (UK) as claimant

[fletch70]

That is interesting as they are unlicensed although the argument is at the moment technical

 

It could certainly be used in your defence

[dx100uk]

you don't sign letters to the fleecers or their wolves.

 

 

as for an sar

wont be through in time

and its for the claimants sol to produce them

not for the defendants to find them.

 

 

dx

[fletch70]

I know a SAR won't be through in time for the defence although Cap 1 are quite quick.

 

It is also not to provide the claimant with info but it may help you, when you get to writing WS to show why they are wrong

 

An example

If they do not have the DN and say it was issued on xxxxxx but your SAR says it was yyyyyy - which do you believe . the same can be said for the assignment, if they say it was one date but the SAR says another it begs the question, who is roght and who is wrong

 

As its SCT there is no need to disclose what you have - use it to your advantage

[AndyOrch]

As its SCT there is no need to disclose what you have - use it to your advantage

 

You do if you refer to it in your defence or witness statement...you cant state something and not disclose the document..Irrelevant its in Small Claims Track