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Thread: Court Claim - Cabot Financial / Capital One - 15-12-2017

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  1. #26
    Loxley's Avatar

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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    Thanks a lot warwick65

  2. #27
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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    Hi again! So I have just over a week to file my defence. Any advice on what I should be putting would be gratefully received. Also, can I do it online or do I need to post something?
    Thanks in advance

  3. #28
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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    tagging @Amethyst @Diana M @warwick65

    Here's a template defence for you to look at/play with while you're waiting for a reply @Loxley - https://legalbeagles.info/library/gu...-court-claims/
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  4. #29
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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    Just to clarify, I've received a copy of the "notice of assignment" from mortimer clarke but no copy of "CCA" yet.
    I've begun drafting a defence using the template and I'll share it when it's ready for your perusal.

  5. #30
    Loxley's Avatar

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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    Hi all. I've amended the defence template and would like to know if I've done it correctly. Should I post the main body of text here? Also, do I send it by post or should/can I copy/paste it into the online defence form at MCOL?

  6. #31
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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    It might be worth posting with identifiable details missing just so people can give it a once over

    As for submitting, there should be no reason why it cant be done online
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  7. #32
    Loxley's Avatar

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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    DEFENCE
    I received the claim xxxxx from the Northampton County Court on 20th December 2017
    Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
    This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
    It is denied that the Defendant has previously entered into an agreement with Capital One for provision of credit.
    The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
    The Claimants statement of case states that the account was assigned from Capital One to Cabot Financial on (DATE). The Defendant does not recall receiving notice of this assignment.
    It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
    On the 22nd December 2017 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
    The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
    Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
    In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
    It is denied that the Claimant is entitled to the relief as claimed or at all.
    Statement of Truth
    The Defendant believes that the facts stated in this Defence are true.

    - - - Updated - - -

    "It is denied that the Claimant is entitled to the relief as claimed or at all."
    Can someone clarify what this means, too please?
    Thanks
    Last edited by Loxley; 14th January 2018 at 01:13:AM.

  8. #33
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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    Hi
    Basically the last part means you deny they are entitled to anything.

    You have denied you ever had a capital one card but that's not true is it.

    You can deny ever having dealings with Cabot but maybe you should admit to having, in the past, dealings with capital one.

    That only says you had dealings but not you owe them anything
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  9. #34
    Loxley's Avatar

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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    Ah, yes. Well spotted @warwick65! I was editing/copying/pasting whilst trying to absorb the rough guide template and that one slipped through. So I'll delete line 4 (It is denied that the Defendant has previously entered into an agreement with Capital One for provision of credit.) and then do you think that covers everything? These are basically all the lines from the rough guide which I thought were relevant.

  10. #35
    warwick65's Avatar

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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    If it was a credit card it is S78 and S78(6),

    Cant see anything else wrong
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  11. #36
    Loxley's Avatar

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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    So, an update. I filed my defence via the website last night as today is my deadline. This morning I received a letter from Cabot RE: my CCA request. The letter states;

    " We currently do not have this information on file. However, I have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. In the meantime, I would like to inform you that your account shall remain on hold until such time that we can comply with your request."

    "Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore I would recommend you contact us as soon as possible to set up an arrangement or continue with your existing payment plan."

    Can anybody tell me what's likely to happen next with regards to the CCJ application? Will they have to cancel it and if they do, can they apply again in the future if they find the relevant paperwork?

    Thanks for your time!

  12. #37
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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    Oh, one other thing. I saw on another thread that "Cabot Financial UK" (who is also my claimant) are unlicensed. Does that have any bearing on their claim in this case?

  13. #38
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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    Good evening. Anyone have any idea what happens next regarding the ccj?

  14. #39
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    Default Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

    So you have filed your defence which is good because on hold at this stage means little and the court process goes on.

    However I would expect the claim is likely to be stayed if they can not come up with the agreement.

    Cabot being unlicensed is not something I fully understand but @Diana M might be able to offer advice.

    - - - Updated - - -

    Problem is, as the claim is 'only' 350 "it is not economic for you to instruct a solicitor even if you could afford it.

    Let's wait and see what Cabot do next.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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