Cabot/mortimer claimform - Cap1 Card DEbt

[dellboy23]

Received a claim? Yes

Issue Date: 15-12-2017

Amount approx: 1979.25

Claimant: Cabot Financial (UK) LTD

Solicitor: Mortimer Clarke Solicitors LTD

Original Credit: Capital One

 

Particulars of Claim:

 

1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 08/10/2015 (the Agreement) CAPITAL ONE BANK (EUROPE) PLC agreed to issue the Defendant with a credit card.

2.The Defendant failed to make the minimum payments due & the Agreement was terminated,

3.The Agreement was assigned to the Claimant.

THE CLAIMANT THEREFORE CLAIMS 1794.25

 

Stat Barred? No

 

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

 

Have also file my defence.

 

Well i had a letter back from their solicitors this is word to word and don't they proof check before sending out?

also i know about Cabot Financial (UK) Ltd are unlicensed.

 

Which means its an offence to under take debt collecting activity contrary to the Financial Services and markets Act 2000 and technically they aren't unlicensed they are unauthorised.

 

"We confirm receipt of your defence.

 

We can confirm that we acknowledged your request for documentation pursuant to civil

Procedure part 31.14 and consumer credit act 1974, in the letter you sent to you on the 28/12/2017 (copy enclosed)

 

In response to your assertion that our client is not authorised by the Financial

Conduct Authority ('FCA'), the FCA register shows Cabot Financial (Europe)

Limited permission as lapsed because, with the permission of the FCA, it has been made an appointed representative of Cabot Credit Management Group Limited.

 

Cabot Credit Management Group Limited is a principal regulated firm and with the permission of the FCA, has .appointed its operational company, Cabot Financial (Europe) Limited, as appointed representative to perform debt recovery and/or debt administration activities on its behalf.

 

Please find enclosed a copy of the Notice of Assignment and Statement of Account for your records. Our client's position is the documents provided evidences how the balance accrued and how a balance remained outstanding when the Agreement was assigned to our client.

 

In response to your request for a copy of the Deed of Assignment, our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with its statutory obligations by sending you the Notice of Assignment in accordance with section

136 of the law of Property Act 1925.

 

Furthermore, the Deed of Assignment is a confidential document client and the original creditor. We are instructed that the Deed of does not contain any personal details relating to you and is not disclosure.

 

We can confirm that the remainder of your defense has been referred to your client for its instruction and we will contact you with a response as soon as possible. In the meantime, the

Matter has been placed on hold."

 

As you can see they are on about Cabot Financial (Europe) Limited, and not Cabot Financial (UK) LTD,

also no Deed of assignment,

or the original agreement,

 

all they sent was the letter from capital one saying that they sold the account to cabot credit management group,

and the letter Cabot sent to say they now own my account from Capital One and 3 pages of payments made to Capital one.

 

What should be my next move?

to me it seems they don't have the paper work to back their claim or am i wrong.

 

 

And is there any other letters i can send to ask about the Deed of assignment and the original agreement?

Edited February 7, 2018 by dx100uk
formatting

[fkofilee]

Well i had a letter back from there solicitors this is word to word and don't they proof check before sending out? also i know about Cabot Financial (UK) Ltd are unlicensed.

Which means its an offence to under take debt collecting activity contrary to the Financial Services and markets Act 2000 and technically they aren't unlicensed they are unauthorised.

 

They are auth'd for DC Activities.

Under a separate entity which covers the entire group.

 

Please can you paste all docs sent minus info... Finally have you sent them anything requesting the Deed Of Assignment? IE that 3 letter process?

[dx100uk]

what date did you file your defence?

 

shame you followed FMOTL Twaddle but never mind.

[dellboy23]

I added the letter they sent me,

 

as to the 3rd letter

no i have not sent anything back to them as yet,

 

as to my defence i filed that on the 16/01/18

had a letter from the courts to say that they have acknowledge my defence,

and this is the first time i ever been taken to court for a CCJ so it's all new to me.

Edited February 7, 2018 by dellboy23

[AndyOrch]

Perhaps if you could provide a bit of information re the actual debt rather than the court claim process...then we can possibly advise on how to proceed

 

Please read the following link..copy and paste the Qs and your responses back to your thread.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy

[dellboy23]

The card was being used by my son as he is at uni and couldn't get a credit card at the time as he only just turned 20 and had no credit score of his own as he was still living at home,

 

Being a parent i took the card out and everything went fine for the first year

payments was being made

then they stopped as he dug himself a hole,

any letters i got i sent to him and then we fell out and stopped talking as you do and got left with this mess to clean up.

 

I did the Acknowledged of the Claim on the 20/12/2017,

Sent a CCA request

Sent a CPR 31.14 request on the 21/12/2017,

 

as for the credit card itself i applied online so no paper work,

but did get a letter back from Mortimer Clarke Solicitors saying...

 

" Thank you for your letter dated 21/12/2017.

 

We acknowledge your request for documents pursuant to section 77-79 of the consumer credit act 1974 and pursuant under CPR 31.14.

 

For the avoidance of doubt, this firm acts on its clients instructions.

The firm does not hold the documentation you have requested.

We have asked our client to provide them and will come back to you as soon as we can.

 

In the meantime, the matter has been placed on hold and no further action will be taken,"

 

As for the CPR 31.14 i asked for these,

 

Request for documents mentioned in a statement of case under CPR 31.14

 

On 15/12/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 17/01/2018.

1. Agreement

2. Termination

3. Notice and Deed of Assignment

 

At the time i couldn't think what else to put as the particulars of the claim was a bit vague.

[dx100uk]

can we see their documents return please

one multipage pdf only

[dellboy23]

Hi sure i have to find out how to do it in PDF format but will do it within the next few hours,

 

also today i got two letters from Cabot they sent me what looks like my agreement with Capital one

a photocopy but a bad one at that,

 

it don't look right the print is so small you can't read it and the front face text of where my name is in the sign box looks wrong as though its been pasted and added and the 16 digit account number on the agreement does not match my account number i had with them?

 

they say that the agreement is now enforceable and we are entitled to obtain a County court judgement against me but would prefer to work with me to set up a repayment plan.

 

The second letter is about existing repayment arrangements which i never had with them.

[dx100uk]

do you want a secure email to send the pix too incase you cant

we'll need those other letters too

[AndyOrch]

Perhaps if you could provide a bit of information re the actual debt rather than the court claim process...then we can possibly advise on how to proceed

 

Please read the following link..copy and paste the Qs and your responses back to your thread.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy

 

Still waiting for you to complete the history

[dellboy23]

I think i worked it out these are the letters from today,

i always worked with word so been fun working with PDF hope this is right.

 

I'm going to scan everything i have gotten so far and post it up after i taken out my personal details.

Untitled3.pdf

[dellboy23]

Name of the Claimant - Cabot Financial (UK) LTD

 

Date of issue – 15/12/2017

 

What is the claim for –

 

 

1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 08/10/2015 (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 1794.25

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? – No

 

What is the value of the claim? – £1979.25

 

Is the claim for - credit card

 

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

 

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? - No

 

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

 

Why did you cease payments? – Son wasn’t making payments.

What was the date of your last payment? – 16/06/2016

 

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 - No

[dx100uk]

had to hide that sadly

your address pops up and your AC number is atop the 1st page of the agreement.

 

use JPG scan at 300DPI

redact each

pop all in one word doc

use file save as .pdf

[dellboy23]

This is everything i have received so far apart from the two letters above which i got today...

courtdocuments.pdf

[dellboy23]

That's not my account number that what i was saying the number don't match the number i have but i will take it out as for my address cant see it but will have a look again thank you

[dx100uk]

where the rest of the CCA return??

[dellboy23]

that was it apart from two pages of payments

 

I couldn't see anything is it because you can undo my PDF editing and see the original document?

 

i try doing it again.

 

I can see what you mean now i downloaded them and yes you can see darn it, okay i do it the way you said and re-post them tomorrow can i delete the others?

[dx100uk]

there should be several pages of T&C's

that's only page 1

go look at other cap1 threads

 

you upload is hidden already

[dellboy23]

there is 3 pages in total it is printed on the other side then on another page, i didn't upload them as the print is so small the words are blurred, i have downloaded another PDF program that i can redact the text so will redo them all tomorrow not got the time tonight as grandkids are coming over but thank you for your help.

Edited February 10, 2018 by dellboy23