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Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

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  • Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

    Received a claim? Yes
    Issue Date: 16/12/2014
    Date of papers received: 19/12/2014
    Amount approx: £5400
    Claimant: Cabot Financial (UK) Limited
    Solicitor: Restons Solicitors Limited - Nigel Petrie Coe
    Original Credit: MBNA

    Particulars of Claim:

    The claimants claims payment of the overdue balance due from the Defendant(s) under a contract between Defendant(s) and Mbna dated on or about Jan 24 2002 and assigned to Claimant on Apr 28 2004 in the sum of £5400

    PARTICULARS a/c no **********
    DATE 28/11/2014
    Default Balance £5400
    Post Refrl Cr NIL
    TOTAL £5400


    The claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement
    SIGNED Nigel Petrie Coe (Claimant)

    Stat Barred? NEARLY - my last payment to Cabot was a token payment for £1.00 on 28 May 2010


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

    Hi Guys & Girls

    A very quick history is :
    Bad fortune and loss of job in the early 2000s got me into a £50k+ pickle with my finances
    Token payments of £1.00 were made on accounts from 2003 through to 2010 and kept things at bay.

    100s of various different letters received with threats and movement across different DCAs
    I realised in 2010 nothing was ever going to get sorted so I chose to ignore all creditors and stopped paying anything at all to anyone.
    Waiting to get things statue barred after 6 years with no payment would be a better option

    This is the first CCJ papers i have received and im very surprised after such low payments on the account and zero payments since May 2010


    These court papers arrived on Friday 19th and over the weekend i have been reading researching and noting points downs on the forum. Whilst it is new ground for me I realise i cannot just ignore these papers and need to take action

    For those with experience, Am i correct with doing the following process to follow from now ??

    • Acknowledge the Court Claim and request extension for 28 days to prepare a defense given the time of year with Christmas, Bank Holidays and New Year
    • State to Restons I intend to defend the case in full

    • Send a CCA request record Delivery tomorrow 1st class post

    • Send a CPR 31.14 request



    Lastly, as newly all of my debts are all nearing statute barred stage in by June 2016 can i expect more of the following CCJ claims over this time ?
    Since i signed my agreement with MBNA and NOT this firm Cabot Financial I am correct, I am within my rights to contest this claim, i refute having to pay Cabot given this is not what i borrowed. They have added all their additional charges, interest, court fees & solicitors costs to the original debt.

    Any help guidance would be most appreciate and set my mind at ease - certainly not good timing this arriving at this time of year

    Best wishes & grateful thanks to all who have read this and responding

    Tags: None

  • #2
    Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

    Can anyone well versed in this area of court papers (CCJ) can confirm i am issuing the correct procedure above ?
    many thanks

    Comment


    • #3
      Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

      Morning Pauulss, just having a read back through your post xx
      #staysafestayhome

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

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

        Statute Barred is out I'm afraid - I liked ''Assignment to Claimant on Apr 28 2004'' but then you had ''my last payment to Cabot was a token payment for £1.00 on 28 May 2010'' - so you're over a year off being Statute Barred I'm afraid.

        You are correct with the procedure to take


        Acknowledge the Court Claim and request extension for 28 days to prepare a defense given the time of year with Christmas, Bank Holidays and New Year
        State to Restons I intend to defend the case in full

        Send a CCA request record Delivery tomorrow 1st class post - to CABOT - don't forget the £1 Postal Order/Cheque

        Send a CPR 31.14 request - to RESTONS - in this ask for the contract - this does seem to be the only document mentioned in their statement of case.


        Since i signed my agreement with MBNA and NOT this firm Cabot Financial I am correct, I am within my rights to contest this claim, i refute having to pay Cabot given this is not what i borrowed.
        This will be covered by the Notice of Assignment which legally passes the rights under the agreement to them rather than the original creditor.


        I realised in 2010 nothing was ever going to get sorted so I chose to ignore all creditors and stopped paying anything at all to anyone.
        Over the next year and 5 months you may well get a few more County Court claims as DCA's try get these in before the SB date. Just so you are ready for it.
        #staysafestayhome

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

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

          Many thanks Amethyst for taking the time to confirm things and the correct route to follow
          I will warm the printer up and get the show on the road now

          I will update thread as the letters arrive.

          Best wishes mashappy:

          Comment


          • #6
            Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

            Best of luck, and Merry Christmas xx :reindeer:
            #staysafestayhome

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

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

              ALL letter sent and mailed 1st classed recorded delivery yesterday - thanks for the multiple posts i have read over the past weeks reading.
              Insightful.


              On a side note, yesterday i registered to each of the credit reference agencies to see how bad my situation is .

              In the early 2000s I had over a dozen credit cards & loans across various banks & credit card and loan companies for varying amounts. Total debts ended up being over £60,000 across around a 12-15 different companies

              ALL accounts have been unpaid & in state of default since early 2009 so approaching statue barred stage of 6 years VERY soon in 2015

              Today, upon checking my credit files today for the first time in many, many years I see i ONLY actually have recorded x3 negative credit records to my dark past.

              A BIG SURPRISE. I thought all the gory details would be there to see after 100s of letters i have had over the years and pass the parcel across different DCAs


              This is a great surprise to me! Hopefully encouraging

              Now, relating to my court papers served on me by Cabot / Restons above in the first post. The fact that there is absolutely NO reference to this MBNA debt on ANY of my credit files held by these four agencies.

              Is this any help to helping defend my case?

              Any advice would be most helpful

              Comment


              • #8
                Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

                OK a little post Chirmstas/New Year update

                CPR 31.14 & CCA have been sent to Cabot & Restons on 23rd December 1st class Recorded Delivery, both now confirmed as delivered/received

                The issue date the court papers was 16th December 2014

                I sent away the request to prepare my defence given the Christmas Bank holiday and New Year period and to extend
                Status online on MoneyClaim Online site has been changed to "Your acknowledgment of service was received on 29/12/2014"

                Now as i write this, nothing has arrived as yet from either Restons or Cabot
                I stated in the letters I needed the items for my defense in 5 workings days, which have now lapsed

                Via the date calculator i have to file my defense on or by 18 January 2015

                I want to do everything totally right, what are my next step to take please? I have 12 days left to submit my defence

                If i hear nothing from them do i just put that in my defence without the N244 form stating i have not been supplied the relevant paperwork i need for my defence ?
                or
                Do i send a follow up letter to aid my case asking Restons & Cabot to hurry their ass up getting my paperwork ?
                or
                Is it best i prepare N244 form now?

                Any further help would be great. Many thanks

                Comment


                • #9
                  Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014



                  I have received this letter in the post today from RESTONS

                  Can anyone advise what to do next , i have 11 days left now to submit my defence

                  Sorry for further questions this is my first ever CCJ claim. or direct me to an appropriate link

                  Can you advise Amethyst please ? You have been awesome so far


                  Many Thanks
                  Last edited by pauulss; 7th January 2015, 15:57:PM.

                  Comment


                  • #10
                    Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

                    For Safety Edit out your name and the account number.
                    nem

                    Comment


                    • #11
                      Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

                      Standard Cabot/Reston Crap!
                      Did you send a CCA request to Cabot?
                      Can you answer the following please.
                      Your credit file check shows no trace of this debt?
                      When to the best knowledge when was the account defaulted.
                      Have you at any time in the last 6 years made any payment or acknowledge the debt in writing?

                      Comment


                      • #12
                        Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

                        Many thanks Nemesis - fast response is much appreciated. I missed the account number. I have just amended it and re uploaded so nothing show above now in image.

                        To answer your questions

                        1. Did you send a CCA request to Cabot?
                        YES - sent on same day 23rd December 1st class recorded - confirmed delivered - nothing received as yet from them

                        2. Your credit file check shows no trace of this debt?
                        Checked with all x3 this past month = experian equifax and noddle - nothing whatsoever for this debt

                        3. When to the best knowledge when was the account defaulted.

                        I stopped paying £1 standing orders in April 2010 but i have not sure of the actual defualt date

                        4. Have you at any time in the last 6 years made any payment or acknowledge the debt in writing?
                        I was making £1 standing orders and when i have looked back on bank statement one was to Cabot BUT the reference number I have on my spreadsheet of debts
                        Also the reference number i have on my spreadsheet is "different" to the one on the court papers. Also the amount owed £ on my spreadsheet showing as owed to Cabot differ by about £2,100
                        Cabot have had a few of my accounts so the last acknowledge payment has probably, been for another debt and NOT this MBNA debt on the court papers are chasing me for

                        I have had many accounts have been across several DCAs.


                        Hope this helps Nemesis - looking forward to my next steps thanks for taking the time to reply to me - much appreciated
                        Last edited by pauulss; 7th January 2015, 16:19:PM.

                        Comment


                        • #13
                          Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

                          Happy to help, what I was hoping to discover is if this debt was already statute barred when the claim was issued.
                          I would be nice to be able to say none of your £1 payments were to the MBNA debt, but this seems unlikely.

                          When was the account opened , if we take it that this is not on CRA files because the default was more than six years ago we have closure of the account possibly 2008?
                          Trying to assess If the agreement was signed prior to April 2007, meaning Cabot must produce a proper copy of the actual agreement to enforce via the court.


                          nem

                          Comment


                          • #14
                            Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

                            Thanks Nemesis - I just want to write what i know to be true, and i CANNOT be sure if the £1 to Cabot were for this MBNA debt or another on

                            It is over 10+ years ago since my account was with originally with MBNA, so original paper work would be pre 2007. I opened up a new separate basic bank account with Nationwide after i knew i couldn't continue paying and my first statement (1) is dated January 2007 and i was making token £1 payment then

                            On the court papers Restons particulars of the claim write :
                            "Particulars of Claim:

                            The claimants claims payment of the overdue balance due from the Defendant(s) under a contract between Defendant(s) and Mbna dated on or about Jan 24 2002 and assigned to Claimant on Apr 28 2004 in the sum of £5400"
                            Last edited by pauulss; 7th January 2015, 16:52:PM.

                            Comment


                            • #15
                              Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

                              Well that's a good one at least Cabot have to provide a copy of the original agreement not a reconstituted one.
                              I'm afraid it's a waiting game re the agreement to see what they come up with.
                              Just prepare as best you can, defence on lack of compliant or indeed total lack of documents requested.

                              Comment

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