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Thread: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

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    Default Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Received a claim? Yes
    Issue Date: 15-9-2017
    Amount approx:
    Claimant: CABOT FINANCIAL (UK)
    Solicitor: DRYSDENS LIMITED
    Original Credit: CAPITAL ONE

    Particulars of Claim:


    Stat Barred?

    Have sent:

    Other Info:
    The Ombudsman gave his Decision that Cap1 owed PPI to the Defendant and should reconstruct the account to repay the Defendant. Cap1 did not comply with the Decision. Last payment on the account was made in 2010. The only contact is a letter to Drydens pointing out that there is no debt due to O's Decision. See below. The account was sold on when it was in dispute. The Defendant is my partner. I believe I should submit a defence of 'In the First Instance this is statute barred under the LA 80 and In the Alternative', and then state that the Ombudsman's Decision has never been complied with. I deconstructed the account and the amount owed to my partner is far greater than any alleged and not acknowledged amount owed by him.

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    I've read your post and will add that the fact that the Claimant is Cabot Financial (UK) Ltd may add fuel to your fire

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by Unregistered View Post
    Received a claim? Yes
    Issue Date: 15-9-2017
    Amount approx:
    Claimant: CABOT FINANCIAL (UK)
    Solicitor: DRYSDENS LIMITED
    Original Credit: CAPITAL ONE

    Particulars of Claim: For £500 under an agreement regulated by CCA 74 bet Defendant and Cap1 and assigned to the Claimant in Sept 2015, notice of which has been provided to the Defendant. Def has failed to make payment in accordance with the terms of the agreement despite requests for such payment. Claimant claims £500 plus costs.


    Stat Barred? Yes

    Have sent: Acknowledgement - 28 days running.

    Other Info:
    The Ombudsman gave his Decision that Cap1 owed PPI to the Defendant and should reconstruct the account to repay the Defendant. Cap1 did not comply with the Decision. Last payment on the account was made in 2010. The only contact is a letter to Drydens pointing out that there is no debt due to O's Decision. See below. The account was sold on when it was in dispute. The Defendant is my partner. I believe I should submit a defence of 'In the First Instance this is statute barred under the LA 80 and In the Alternative', and then state that the Ombudsman's Decision has never been complied with. I deconstructed the account and the amount owed to my partner is far greater than any alleged and not acknowledged amount owed by him.
    I have registered today, so I am not a guest. Perhaps it needs time to recognise me.

    I understand that a debt is Statute Barred provided 6 years have passed from the date of the last payment and that there has been no acknowledgment of the debt (there has not). The Ombudsman Decided in my partner's favour. Cap1 sold on the account to another collector, who my partner wrote to asking for the money owed. They sold it onto yet another collector, who my partner wrote to again. They sold it to Cabot, who were chasing him so he wrote to Cap1 asking them to comply and deconstruct and reconstruct the account. In late 2015 Cap1 wrote to my partner saying they no longer had anything to do with the account. Cabot wrote to my partner early 2016 spewing out the same rubbish. As my partner has never and does not acknowledge the debt I believe I need to press Cabot to prove that this is not Statute Barred. I also believe that Cabot must provide a breakdown of the amount owed, (capital, interest, late charges, etc).

    I would welcome guidance please.
    Thank you.

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Hi,

    When my partner sends off his letters, should he sign them?
    thanks
    FF

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by FaithForever View Post
    I have registered today, so I am not a guest. Perhaps it needs time to recognise me.

    I understand that a debt is Statute Barred provided 6 years have passed from the date of the last payment and that there has been no acknowledgment of the debt (there has not). The Ombudsman Decided in my partner's favour. Cap1 sold on the account to another collector, who my partner wrote to asking for the money owed. They sold it onto yet another collector, who my partner wrote to again. They sold it to Cabot, who were chasing him so he wrote to Cap1 asking them to comply and deconstruct and reconstruct the account. In late 2015 Cap1 wrote to my partner saying they no longer had anything to do with the account. Cabot wrote to my partner early 2016 spewing out the same rubbish. As my partner has never and does not acknowledge the debt I believe I need to press Cabot to prove that this is not Statute Barred. I also believe that Cabot must provide a breakdown of the amount owed, (capital, interest, late charges, etc).

    I would welcome guidance please.
    Thank you.
    Quick question, the ombudsman ruling did cap one settle up what they were told to pay? you say never complied with but i wanted to check if you accpeted the ombudsmans ruling?

    If accepted then this would present cap one and Cabot with a massive headache, as they would be bound by the ombudsmans ruling per Clark v Infocus.

    I just wanted to double check before going further on this point
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Hi there,
    The Ombudsman ruled that Cap One should repay all PPI premiums and all charges such as for admin and late payment (each £12), added to the account as a result of the PPI being wrongly put on the account. Cap One and my partner both accepted the Decision. Cap One calculated the PPI payments by listing each monthly PPI payment and coming to a total, but they did not strip the account back to the beginning, and rebuild it after taking off all the charges & the PPI. Nor did it ever pay 8% on any positive balance that resulted from the adjustments. (The 8% was also in the O's Decision.) Nor did Cap One pay 8% on the repaid PPI premiums. Cap One only paid the £500 sum that was purely PPI payments.

    I am faced with the job now of reconstructing the account again just to make sure my figures are right. But the main thing is that I know Cap One's figures are incorrect and not in compliance with the O's Decision.

    Were you ever a member of another forum? 'pt2537' seems familiar

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    Diana M's Avatar

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    When did your partner open the Capital One credit card account and have they ever sent a s 78 CCA Request to either Capital One or Cabot?

    I can only reiterate that Cabot Financial (UK) are unlicensed.

    Can you type up the Particulars of Claim (removing anything which could identify you) so it's clear what the Claimant is claiming and why they think they have the right to claim it.

    Have you yet been advised to send a CPR 31.14 Request to Drydens solicitors ? Now would be a good time to do that if it's not yet been suggested

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by pt2537 View Post
    Quick question, the ombudsman ruling did cap one settle up what they were told to pay? you say never complied with but i wanted to check if you accpeted the ombudsmans ruling?

    If accepted then this would present cap one and Cabot with a massive headache, as they would be bound by the ombudsmans ruling per Clark v Infocus.
    For ref -> http://legalbeagles.info/no-second-b...r-fos-redress/
    (I'm not sure it applies as the claim is for debt owing to the credit card and the ombudmsan ruling was about a refund of PPI so possibly different cause of action - was the card in default before the PPI claim was made through the FOS ? )

    Do you have a copy of the Ombudsman's ruling?

    Do you believe after Capital One complied fully with the ruling there would be any debt left owing on the debt ?

    Also did you get the CCA and CPR requests sent off after you acknowledged the claim ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by Amethyst View Post
    For ref -> http://legalbeagles.info/no-second-b...r-fos-redress/
    (I'm not sure it applies as the claim is for debt owing to the credit card and the ombudmsan ruling was about a refund of PPI so possibly different cause of action - was the card in default before the PPI claim was made through the FOS ? )

    Do you have a copy of the Ombudsman's ruling?

    Do you believe after Capital One complied fully with the ruling there would be any debt left owing on the debt ?

    Also did you get the CCA and CPR requests sent off after you acknowledged the claim ?
    Haha well now were talking trade secrets :P

    Anyway, my point is simply this, if the FOS has ruled that the PPi was missold then the creditor has to provide a refund of those monies, it is clearly binding on the creditor pursuant to the FSMA.

    Second, the refusal to comply with an ombudsmans ruling arguably gives rise to an unfair relationship under s140A

    Third, they would have to reconstruct the account and give credit for the payments recieved during the PPI misselling period thus the capital balance would be lower, and the interest reduced too, it all has a knock on effect
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by pt2537 View Post
    Haha well now were talking trade secrets :P Alliteration is everything, AA

    Anyway, my point is simply this, if the FOS has ruled that the PPi was missold then the creditor has to provide a refund of those monies, it is clearly binding on the creditor pursuant to the FSMA.

    Second, the refusal to comply with an ombudsmans ruling arguably gives rise to an unfair relationship under s140A

    Third, they would have to reconstruct the account and give credit for the payments recieved during the PPI misselling period thus the capital balance would be lower, and the interest reduced too, it all has a knock on effect
    Hello all, I wrote their particulars of claim above. "Particulars of Claim: For £500 under an agreement regulated by CCA 74 bet Defendant and Cap1 and assigned to the Claimant in Sept 2015, notice of which has been provided to the Defendant. Def has failed to make payment in accordance with the terms of the agreement despite requests for such payment. Claimant claims £500 plus costs."

    I have been poorly. I will send the CCA and CPR off, but does my partner have to sign them? Not sure about giving them his current signature.

    The PPI was refunded because my partner did not tick the box asking for PPI. We have the Ombudsman's Decision. Cap One only refunded an amount for the total of PPI payments. They did not calculate and refund any sum for £12 late fees, non payment fees, admin fees, monthly interest or 8% interest. If Cap One had complied fully with the Decision my partner would have had a cheque from them.

    Cabot say £500 is owing to them but I calculated that a far larger sum is owing to my partner. This would be much larger now as it has continued to accrue.

    Regarding the same Cause of Action - it would be the same because the account fell into arrears because of the PPI payments, and went progressively further into arrears because my partner said he would only pay a nominal amount until the PPI claim was resolved. At that time he did a Subject Access Request.

    Account was opened in early 2007.

    Unfair relationship point is worth further investigation, thank you.

    I am clearing my desk in a week or so, so I can put this to bed.

    If Cabot are unlicensed, do they have the right to bring an action?
    Bye for now,
    FF

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by FaithForever View Post
    If Cabot are unlicensed, do they have the right to bring an action?
    Good question

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by FaithForever View Post
    Hello all, I wrote their particulars of claim above. "Particulars of Claim: For £500 under an agreement regulated by CCA 74 bet Defendant and Cap1 and assigned to the Claimant in Sept 2015, notice of which has been provided to the Defendant. Def has failed to make payment in accordance with the terms of the agreement despite requests for such payment. Claimant claims £500 plus costs."

    I have been poorly. I will send the CCA and CPR off, but does my partner have to sign them? Not sure about giving them his current signature.

    The PPI was refunded because my partner did not tick the box asking for PPI. We have the Ombudsman's Decision. Cap One only refunded an amount for the total of PPI payments. They did not calculate and refund any sum for £12 late fees, non payment fees, admin fees, monthly interest or 8% interest. If Cap One had complied fully with the Decision my partner would have had a cheque from them.

    Cabot say £500 is owing to them but I calculated that a far larger sum is owing to my partner. This would be much larger now as it has continued to accrue.

    Regarding the same Cause of Action - it would be the same because the account fell into arrears because of the PPI payments, and went progressively further into arrears because my partner said he would only pay a nominal amount until the PPI claim was resolved. At that time he did a Subject Access Request.

    Account was opened in early 2007.

    Unfair relationship point is worth further investigation, thank you.

    I am clearing my desk in a week or so, so I can put this to bed.

    If Cabot are unlicensed, do they have the right to bring an action?
    Bye for now,
    FF
    Yes your partner needs to sign the documents. If you have concerns you could make an additional mark by the signature so you can identify it ( it is extremely unlikely - ie. it doesn't happen - that they would try attempting fraud in that way )

    The ombudsman's decision should be used in your Defence of course, if you can post a copy of it it might assist, or if you post up your defence draft - there isn't a great deal of knowledge in the courts about enforcing a FOS decision so it needs spelling out that it is akin to a judgment and that this is litigating on an already judgmented case.

    Did they send you a breakdown of their calculations and have you gone back to the Ombudsman to complain that Cap One have failed to comply?

    When was the adjudication originally ? ( some time ago I guess if its been round the DCA houses since ) So re Statute Barring - it doesn't sound like there was a break between making the complaint on PPI, making nominal payments, defaulting during the complaint, and the ombudsman adjudication being made - so really cause of action would be the adjudication.

    Re the licencing - Cabot Financial UK do not have a licence with the FCA for debt collecting which is a 'specified activity' and are, therefore, potentially committing a criminal offence and not entitled to bring the claim ( exercise rights under a consumer credit agreement) . I say potentially because other parts of the Cabot empire are authorised ... so it isn't an easy argument to make and I don't know what they argue in response to it being pleaded in a defence.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by FaithForever View Post
    If Cabot are unlicensed, do they have the right to bring an action?
    The Court cannot allow a criminal offence to be commited, if the Claimant is not authorised, and requires authorisation, then no it seems they cannot
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by FaithForever View Post

    Were you ever a member of another forum? 'pt2537' seems familiar
    haha, yes a few actually, my username is my old university username so i use it everywhere
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Thanks Amethyst, I have looked at Cabot and it would appear that they are not covered by another Cabot clone. I have yet to write the Defence. It will be, 'In the first my Defence will be that this is Statute Barred (etc .....), and in the first alternative, should the first Defence fail, that Cabot are unlicensed, (etc .....) and in the second alternative, should the other two Defences fail, the Ombudsman's Decision (etc ....) including a calculation of the account; Counterclaim; for the amount shown by the reconstructed account, etc.

    Will reply to your questions later. thanks pt and Diana.

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    I think lead with the Ombudsman decision myself, then the s.77-79 CCA and CPR info, then Stat Barred, then licencing. ( think that's the right order of importance ?)
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Hello Everybody,

    I have given the CCA and CPR 31.14 to my partner to post tomorrow.

    The account was opened in May 2007.

    The Ombudsman Service at first ruled against my partner but as it was a low-level adjudicator, and a silly Decision in the face of documented facts, I asked my MP for assistance. The head of the Ombuds Service became involved. The case was revisited by an actual Ombudsman, who ruled in my partner's favour. When Cap One did not pay, we complained to the Ombud, but did not receive a reply.
    Bye for now,
    FF

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    The two letters have gone off. Now we will wait and see.

    FF

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    May I ask when (what year) was the FOS complaint/investigation/decision on the PPI refund and was that before or after the debt was assigned to the Claimant in September 2015 (according to the POC)?

    You say your partner's last payment was in 2010 which is why you believe the debt to be Statute Barred but the last payment isn't necessarily the only cause of action for SB purposes if the debt was acknowledged in writing afterwards.

    What was the date of the Capital One Default Notice (if one was issued/served) and what was the remedy Date?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by Diana M View Post
    May I ask when (what year) was the FOS complaint/investigation/decision on the PPI refund and was that before or after the debt was assigned to the Claimant in September 2015 (according to the POC)?

    You say your partner's last payment was in 2010 which is why you believe the debt to be Statute Barred but the last payment isn't necessarily the only cause of action for SB purposes if the debt was acknowledged in writing afterwards.

    What was the date of the Capital One Default Notice (if one was issued/served) and what was the remedy Date?]
    The FOS Complaint Form was completed circa June 2011. The FOS Final Decision was May 2013. My partner received an apology from the FOS about the length of time it had taken for the complaint to be dealt with, and for the way in which it had been dealt with. The apology came after our MP wrote to the FOS.

    My partner has always held that he did not owe any debt because Cap One fraudulently added PPI to the account, even though my partner did not tick the 'I want PPI' box on the Credit Agreement. This is a fact that my partner proved to the Ombudsman by producing the documentary evidence. My partner argued that there was no debt because the PPI refund far exceeded the alleged outstanding balance. During the Complaint to the Ombudsman, my partner always maintained that there was no debt. The alleged debt has never been acknowledged to anyone. I was scrupulously careful about that. The last payment on the account was March 2011 (having checked the bank slips). Also sent £1 to Cap One in July 2011 for a CCA request, stating that this was not to be taken as a payment off the account. I believe Cap One returned the £1. Six years from March 2011 = March 2017.

    On my partner's credit files (Equifax etc) there are no debts showing. This debt has been removed.

    The account was in dispute when Cap One sold it on to another debt collector (not Cabot). Without looking at my records, I believe there have been 4 debt collectors who purchased the 'debt'. I informed them all of the Ombudsman's Decision and they all in turn sold the account on. Cabot is the latest debt collector.

    I believe the first actual Default Notice from Cap One was Jan 2009. They only sent several. They sent more letters (the first was Dec 2008) than Default Notices, saying that the monthly payment had bounced. However, the letters did not fulfil the legal requirements to be considered as Default Notices.

    Cap One's Default Notices never stated a Remedy Date. Their last one was 11.2009.

    Cabot's actions surely also fall under S40 of the Administration of Justice Act and Protection from Harassment Act 1997, C. 40? A criminal offence? Should we not be getting the police involved?
    Last edited by Amethyst; 1st October 2017 at 13:17:PM.

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Hi All,

    Actually, should I not just get my partner to do the obvious, and send Drydens/Cabot a Statute Barred letter, advising them,

    'There appears to be a deliberate attempt to mislead and misrepresent thecorrect legal position, contrary to FCA Rules. I will be reporting thisdeceptive conduct and will bring it to the attention of the court.
    and

    'Unless you can provide evidence of payment or written acknowledgement from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

    I would also point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

    "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

    "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8'

    ?
    FF




  22. #22
    FaithForever's Avatar

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by FaithForever View Post
    Hi All,

    Actually, should I not just get my partner to do the obvious, and send Drydens/Cabot a Statute Barred letter, advising them,

    'There appears to be a deliberate attempt to mislead and misrepresent thecorrect legal position, contrary to FCA Rules. I will be reporting thisdeceptive conduct and will bring it to the attention of the court.
    and

    'Unless you can provide evidence of payment or written acknowledgement from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

    I would also point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

    "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

    "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8'

    ?
    FF


    Your site has gone a bit weird.

  23. #23
    Diana M's Avatar

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Maybe you need to establish whether your PPI reclaim which concluded in 2013 acknowledged the debt despite the last payment in March 2011.

    It's hard to see how you can make a reclaim without acknowledging it but without seeing the correspondence that can't be certain.

    You also say the account was still in dispute when it was assigned to the Claimant in 2015 so was there any further correspondence in relation to the account with Capital One after the FOS final Decision in 2013?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  24. #24
    Amethyst's Avatar

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Quote Originally Posted by FaithForever View Post
    Your site has gone a bit weird.
    It's always been a bit weird xxx what's up? your post looks okay.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  25. #25
    FaithForever's Avatar

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    Default Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

    Hi,

    It froze and made me post it twice.

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