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Cabot/Mortimer claimform - old Capital One debt

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Hi

 

I have received the court paperwork for an old Capital One debt (claimant is Cabot)

 

The document says it was taken out on or around the 29/7/2014 and I've never had any documentation from Cabot to say they own the debt.

 

In the past I have been given the wrong advice and have sent off a cpr18 letter and cca request.

 

Can somebody please advise me of the correct way to deal with this.

 

I have acknowledged service that I intend to defend all the claim, total amount with fees is £401.82

 

Thank you in advance for any advice given

 

Macker16

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Welcome to the forum - read and post up the info in the link jon8214 has posted as it will help people on here to help you.

 

It's good that you have acknowledged the claim, the most important thing to remember at this stage is that you MUST submit a defence on time to the court via MCOL (which I presume you used MCOL to acknowledged the claim)

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taken out on or around the 29/7/2014 ??? correct?? took capital one account out theN???


:mad2::-x:jaw::sad:

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Before anyone can advise you need to complete the above link

 

What you should be sending at this stage, in addition to the CCA Request

 

Is a CPR 31.14 request for a copy of all the documents mentioned in the POC

 

We also need to know the date of issue of the claim


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Name of the Claimant ? Cabot Financial UK Limited

 

Date of issue – 15 December 2017

 

What is the claim for –

1.By an agreement between CAPITAL ONE BANK (EUR OPE) PLC & the Defendant on or around 29/07/2014 (the Agreement) CAPITAL ONE BANK (EUR OPE) 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.

 

2.THE CLAIMANT THEREFORE CLAIMS £316.82

 

What is the value of the claim? £316.82 With fees £401.82

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? After 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 Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not received Notice of Assignment from Cabot

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, only received one and that was when i first defaulted on payments

 

Why did you cease payments? Partner lost his job and then relationship broke down and only had 1 income and many other debts

 

What was the date of your last payment? 19 October 2015 (according to Noodle report)

 

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 communicate with them and did a payment plan but they kept pressuring me to increase it along with pressure from my other creditors

I have not received any paperwork from Cabot to say they own this debt so was suprised to receive the court paperwork with their name on it.

 

Any further advice would be gratefully received.

 

Macker16

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Borrowed from Dx -

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

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

hope you've already sent the CCA/CPR you've wasted 11 days of your 33 already


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Hi I've not sent anything yet.

 

So I need to send a Cca request and which cpr do I send?

 

Paperwork says claimant is Cabot ando the address for sending document and payments is Mortimer Clark Solicitors. Do I send the CCA & CPR request to Mortimer?

 

And is there a Cca & CPR template on here?

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all in post 7 already.

 

dx


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Did you keep up with the payment plan?

 

Are you still making payments in accordance with the payment plan now?

 

Do you still have the default notice? If yes, is the amount stated on the DN as being in arrears correct, and does the DN give you the statutory 14 days to remedy the breach?

 

In your CPR r.31.14 request, you want disclosure of a copy of the agreement and a copy of the notice of assignment, both of these documents are mentioned in the Claim form.

 

What do you intend to defend with?

 

Loads of questions I know, but your answers will help a lot to help you prepare your defence.

 

Haunter

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And is there a Cca & CPR template on here?

 

 

See post #7 Do this FIRST, before answering ANYTHING else.

 

Do you still have the default notice? If yes, is the amount stated on the DN as being in arrears correct, and does the DN give you the statutory 14 days to remedy the breach?

 

Faulty DN's can be rectified....


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Where a creditor terminates the agreement by way of issuing a default notice under the statutory provisions of the CCA 1974, and that default notice does not comply with the statutory requirements, the creditor cannot then rely upon contractual termination under the agreement.

 

The Court of Appeal in Brandon v American Express held this rule of law in favour of Brandon.

 

An invalid default notice cannot be rectified by a creditor after he has terminated the agreement on that invalid default notice.

 

I am aware that in Harrison v Black Horse, the Mercantile court said that a bad notice can be made good, but it did not set out the circumstances where a bad notice can be made good.

 

It is clear from the Brandon v American Express case that a bad default notice cannot be made good if the creditor has terminated the agreement on it.

 

After realising he had terminated the agreement on an invalid default notice, the creditor in Brandon attempted to rely upon his right to terminate under the contractual terms and conditions of the agreement, the Court of Appeal said a creditor either terminates under the statutory route or under the contractual clauses route of the agreement, he cannot use both routes.

 

While a credit agreement is regulated under the CCA 1974, it is still a contract under English law and is subject to the rules and principles of English contract law.

 

In macker’s case, if his creditor has terminated the agreement on an invalid default notice, he cannot unilaterally reinstate the agreement to make it ‘live’ again so that he can serve a valid default notice on macker, the agreement is a bilateral one and it would require macker’s express consent to resurrect it from its legally dead grave.

 

In the Brandon case, the Court of Appeal qualified the importance of service of a valid default notice, and the adverse consequences for a creditor who fails to comply with the statutory requirements of default notices in relation to terminating the agreement by the statutory route.

 

The issue of the default notice in macker’s case posted here is just one issue, but it is not a minor or inconsequential issue, quite the contrary.

 

Until macker updates his case with the details of the payment plan and the default notice, and any other relevant information, it is not yet possible to say whether he has any defence against the claim.

 

Haunter

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:bored: I stopped reading after 'where'.....

 

How are you getting on macker?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Everyone

 

Not getting on very well,

i cannot find any of the paperwork from Capital One that had the payment plan agreement on or the default notice.

 

I will be sending the CCA request and CPR r.31.14 request off today.

 

I know time is running out but i only have access to a computer and printer when i'm at work.

 

Thanks again for all the advice you've given me, will post again when i've done it.

 

Macker16

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even if YOU do find anything

you keep those to YOURSELF.

 

the claim can only be decided upon by the/any documents produced by the CLAIMANT.

 

either in returns to the CPR/CCA requests

or

in their witness statement at the disclosure stage IF IF IF the claim ever gets that far....

 

who are the sols restons?


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Were you still making the payments in accordance with the payment plan at the date they issued these proceedings? If you can't remember, check your bank account statements.

 

 

This is important because the payment plan supersedes the original terms and conditions of the amount you have to pay monthly, and if you are or were still making the agreed reduced monthly payments, then the creditor is estopped from bringing his claim to enforce the agreement for the full amount.

 

 

Haunter

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Do i need to send the court a copy of the CCA & CPR request?

 

Hi Haunter

 

No, i am no longer making the reduced monthly payments.

 

Macker16

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looks like those stopped before the debt was sold to cabot anyway too?

 

dx

 

Do i need to send the court a copy of the CCA & CPR request?

 

what does it say in post 7?

 

dx


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The only thing that you have to file to the court is your Defence, but you do actually have to have a Defence.

 

If you have a Defence, then post it up here for comments, suggestions, advice, and if it is a valid one, then send it to the court only by Royal Mail Special Delivery.

 

What is your Defence so far?

 

It's unfortunate that you stopped making payments on the payment plan.

 

Haunter

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You should submit your defence online if you acknowledged the claim via MCOL

Edited by dx100uk
quote

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What are you intending to defend with macker?

 

 

Haunter

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You should submit your defence online if you acknowledged the claim via MCOL
:thumb::thumb:

don't worry about a defence till nearer the 18th when its due

but don't miss it!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi

 

I have just gone to put my account/reference number on the CPR letter and have noticed that the Court paperwork does not have it on, do i send it without?

 

Macker16

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