Cabot/Reston Claim Form - old newday credit card

[Chumlee]

Which Court have you received the claim from ? 

 

MCOL Northampton N1

 

Name of the Claimant ? Cabot Financial UK Limited 

 

Date of issue – 3rd August 2022

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(s) and New Day dated on or about Apr 13 2015 and assigned to the claimant on Jul 02 2018. 

 

2.Notice of assignment has been given to the defendant. 

 

court fee 205

legal rep 80

 

What is the total value of the claim? £4838.84
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, 3 times
 

Did you inform the claimant of your change of address? No

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 April 2007 ? after
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Mental health issues 
 

What was the date of your last payment? Early 2017
 

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]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[dx100uk]

2 hours ago, Chumlee said:

1.The claimant claims payment of the overdue balance from the defendant under a contract between the defendant and New Day dated on or about Apr 13 2015 and assigned to the claimant on Jul 02 2018. 

 

2.Notice of assignment has been given to the defendant. 

 

is that all the poc says??

 

dx

 

[Chumlee]

Dx100uk thank you for posting up details of the processes and actions, much appreciated.   I have done exactly as you advised, did the AOC earlier.  The CCA request to Cabot I did Monday by recorded delivery and the CPR 31 14 was emailed to Restons also Monday.

 

The POC - I have copied word for word off the claim form.

 

Thanks

 

Claim Form

CLAIM FORM.pdf

[dx100uk]

you should NEVER EVER use email!!

 

they will file important docs 1 min before an important deadline removing your right to counter fake documents. esp ruddy restons.

 

you need to send one more email to restons informing them email is NOT to be used for anything toward our mutual claim

 

dx

[Chumlee]

DX100UK  you advise that I send the CPR31.14 again but by recorded delivery?  Are you saying the emailed one I sent would be ignored?

 

Thanks, edited PDF of claim formCLAIM FORM.pdf

[dx100uk]

1st class with free proof of posting

They wont reply anyway..

 

Use our enhanced google search box

Claimform card

Get reading up too

 

Dx

[Chumlee]

Hi DX, will post CPR31 14  tomorrow, modified suggested letter.

 

I've been reading up since receiving the claim form!!  

 

My line of defense, I suppose at the moment all I have is Cabot proving the debt.  Statutory barred is not an option.....

 

Any suggestions/advice?

[dx100uk]

not due till/by day 33

 

prob std holding/no paperwork defence you'll see in just about any card claimform thread

weeks to go yet

[Chumlee]

Hi DX

 

I sent the CPR31 14 letter to Restons which they received yesterday.   Attached is their response which was sent via email attachment.   

 

What are your thoughts/observations?

 

Thanks

restons response.pdf

[dx100uk]

send one email in reply to restons

stating email is not to be used for any communications in relation to our mutual claim

writing only.

 

dx

[Chumlee]

   I'll fire back an email as you advised.

 

[Chumlee]

Hi DX,

 

Attached is the response from Cabot regarding my CCA request..... I'm guessing it's their standard reply..... 

 

From your experience what does it mean?  Is it as stated or they probably are struggling to provide copies of original agreement?

 

Thanks 

ChumleeDocument (15).pdf

[dx100uk]

might be useful if this ever gets infront of a judge and they dont discontinue it first...

 

you file your defence on time regardless mind.

 

dx

 

[Chumlee]

Hi DX,

 

I received the attached unexpected letter from Cabot earlier. 

 

Am I correct to assume that they know they cannot obtain the original CC agreement as requested?  And they are saying that they will not be pursuing me though the small claims court now?

 

I have had no further communication from Restons since I requested that all communication is by letter only.

 

Should I still file my defence as scheduled?

 

Thanks

Cabot Update from CCA Request.pdf

[dx100uk]

Makes no odds.

 

your defence was due yesterday?

 

Dx

[Chumlee]

No, I submitted my acknowledgement on the 13th August, 28 days will be next Saturday 10th.  Have I 28 or 33 days to submit?

[dx100uk]

No now go back and read things properly, say the post that talks about sending cca/cpr or the sticky you filled out to tell us about the claim...even asks you to calc the dates.

 

Both quite clearly say 33 days from the date on the claimform.

 

Dx

[Chumlee]

Claim form dated 3rd Aug..... so I need to submit like today!!

[dx100uk]

No again read things properly!!

 

if filing date falls on a w/end you must file by 4pm Friday as courts close at 4pm.

 

however....you are a LiP so get certain leeway.

 

go find our holding/no paperwork defence in most claimform card threads here already.

 

Post it up here for checking first.

 

Use our enhanced google search box.

 

Dx

[dx100uk]

well?

defence?

 

dx