Cabot/Restons stayed claim - old cap1 card

[onthewarpath]

Hi,

 

here goes a long story, short.

 

got a cc claim in nov 16 from restons - cap1 c/card for 2k (opened in july 2007) - last payment oct 2011)

 

did the usual request for cca and other doc's - I got nothing

 

submitted defence on the basis of lack of doc's (i think that this is called an embarrassed defence???)

 

got the normal letter from restons and the claim was stayed

 

anyway - heard nothing until 3 months ago when offered in a letter a 50% discount,

 

I did not reply, then cot another discount letter for 70% off - I did not reply.

 

WHY you ask - because they did not have the doc's to back up the claim.

 

Well i got a letter last week containing a cca (which is meant to be mine)

 

I am confused and worried as what to do now, incase restons apply for the stay to be lifted - should i make a settlemet offer?

[dx100uk]

shame you filed an embarrassed defence that's very old hat.

and restons will see your weakness in using that

 

can you complete this please

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

and pop up the exact wording of the defence you did file please

 

if they've been offering increasing discounts mind

that speaks volumes

 

we'll need to see their CCA return too please

scan it up to ONE MULTIPAGE PDF please

read upload

[onthewarpath]

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.

 

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 0ct 29 2007 and assigned to the Claimant on Sep 21 2015

PARTICULARS a/c/ no xxxxxxxxxxxxxxx

£2253.21

 

What is the value of the claim? £2438.21

 

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? early 2007

 

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 to cabot

 

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? no

 

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

 

Why did you cease payments? financial hardship

 

What was the date of your last payment? june 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 planicon? yes in 2011 sent budget plan and offer of monthly payment

[dx100uk]

Urm..why didn't you file as statute barred?

[onthewarpath]

Hi, because it was not statute barred AFAIK claim issue date was nov 2016

 

copy of cca

cca-cap1.pdf

[jon8214]

Has nothing to do with issue date it has to do with the last payment or acknowledgement date,

 

as you say the last payment date was jun 2011 if you had no contact with them since that date the it went statute barred in jun 2017.

[onthewarpath]

It would have been SB in june 2017 - but the SB clock stopped in nov 2016 as a claim was issued from the CCBC

[jon8214]

Appologies I didn't notice it was issued in Nov 16

[dx100uk]

shame it wasn't 17!!

 

that scan is all blurred

we need it clear please

[onthewarpath]

no worries guys - yes i wish it was statue barred. re scanned cca attached -

cca-cap1-rescan.pdf

[dx100uk]

you that is meant to be yours, so you doubt it is?

 

don't worry too much

what you've received is restons typical letter

many result in nothing.

 

the fact they are offering giant discounts is good

 

have you all the statements?

 

dx

[onthewarpath]

I have no statements. The discount letters were before this letter with the cca tho'

[dx100uk]

well they wouldnt be offering a discount because they didn't have the CCA

reston don't work like that.

 

what they've sent is not all they are required to provide either

so I wouldnt sweat any.

 

ok so no statements

time to SAR cap1 then and get them

[onthewarpath]

Ok thank you,

 

why are statements important? - I just had a thought and I will look in the loft as there is a stack of old files up there

[dx100uk]

it will no doubt explain the discounts offered

 

PPI/penalty charges, etc etc

there must be a reason

[dx100uk]

who the claimant Cabot?

[onthewarpath]

who the claimant Cabot?

 

yes it's crapbot

[dx100uk]

cabot rarely buy anything other than lemon debts anyway.

[onthewarpath]

Found a big box of paperwork and seen some statements and they have a load of OVER LIMIT fees and LATE/MISSED fees on them for 2011

[dx100uk]

told ya!

now wack each one in the CIsheet here

https://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

put cap1 int rate in box d15

 

set the claim to date to the day cap1 sold the debt to the fleecers.

[onthewarpath]

WOW - that soon add's up to a big amount - So what does this all mean?

[AndyOrch]

Gives you an option to progress a claim with Cap 1...means nothing in dealing with this claim should they lift the stay...unfortunately.

 

Andy

[onthewarpath]

Ok cheers Andy,

 

That is a bit of a shame tho'

[onthewarpath]

what are your views on offering a settlement to get this done an dusted???

[dx100uk]

why its stayed and probably will go nowhere esp with those discounts on offer