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Court Claim - Cabot / Capital One - 22-12-2015

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  • Court Claim - Cabot / Capital One - 22-12-2015

    Hi all

    Just registered but this forum has been exceptionally helpful already as I received a CCJ claim just over a week ago and I've followed the advice and sent off the template letters today.

    I have no doubt the company won't play ball so I'll need further help, but in the unlikely event I never have to post again wanted to say thanks retrospectively whatever the outcome.

    I'd love it if this were my first and final post as I'm sure I can't offer any better advice on here, but I doubt that will be the case!
    Tags: None

  • #2
    Re: Hi and thanks

    Well you could at least come back to post that you won xx

    Good to hear you have found the help you need and got things under control so far. Please don't hesitate to post if you're not sure of anything xxx
    #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


    • #3
      Re: Hi and thanks

      Originally posted by Amethyst View Post
      Well you could at least come back to post that you won xx

      Good to hear you have found the help you need and got things under control so far. Please don't hesitate to post if you're not sure of anything xxx
      Haha! You are quite right Amethyst and rest assured I will if and when I do

      Hopefully that will be the last you will hear of me

      Comment


      • #4
        Court Claim - Cabot / Capital One - 22-12-2015

        Received a claim? Yes
        Issue Date: 22-12-2015
        Amount approx: 3154.28
        Claimant: Cabot
        Solicitor: Restons
        Original Credit: Capital One

        Particulars of Claim:
        The Claimaint claims payment of the overdue balance due from the Defendants under a contract between the defendants and Capital One dated on or about Jul 28, 2005 and assigned to the claimant

        Stat Barred? No

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

        Other Info:
        I received a letter from Restons on Saturday ( 16/01/16) saying CPR request sent by me needs to be signed.

        I have just worked out I have left this very tight as my 28 days expires on Saturday - although it was very difficult to get the wheels in motion sooner with the Christmas holidays and I didn't actually receive the claim until the 23rd. I'm not sure what to put in my defence, as I have received nothing from Cabot as yet.

        Also, I believe the debt will be statute barred in a month's time as the last payment was made at the end of February 2010.

        Any advice would be much appreciated please!

        Comment


        • #5
          Re: Court Claim - Cabot / Capital One - 22-12-2015

          Hi sorry to bump my own thread, but I would really appreciate some help on this matter.

          Many thanks

          Comment


          • #6
            Re: Court Claim - Cabot / Capital One - 22-12-2015

            I'm really really sorry that I keep bumping my own thread but I think I may have to phone Cabot on Friday and make an offer even though I don't think they have the paperwork as I'm not sure if I have to file my defence by Friday or Monday with it being expired on Saturday.

            I really am desperate for some advice on what to do so would be so grateful if someone could help.

            Comment


            • #7
              Re: Hi and thanks

              Could someone please take a look at this and advise? I'm really running out of time and this site has been really helpful so far and I don't want to make a wrong move.

              http://legalbeagles.info/forums/show...714#post611714

              Comment


              • #8
                Re: Hi and thanks

                Here is an example defence.

                http://legalbeagles.info/forums/showthread.php?53221-EXAMPLE-Defence-for-Consumer-Credit-Court-Claims

                As Amethyst states, all defences will differ slightly.

                Have a play with it and post it up here before sending it.

                On your other thread in the "Received a Court Claim" section, you say you've sent the claim acknowledgement to the court, and the CCA request (to Cabot?, proof of posting & £1 payment?), the CPR request (to Reston's?, proof of posting?)

                But you've not had a reply re the CCA request? (If no reply, & you can prove posting, it bars Cabot from further action* until they comply, so do not chase it).

                & Restons have replied to the CPR letter saying they won't send details 'cos you didn't sign it? If it was me I'd send another copy & just write my name on it; others say sign it. Your choice.

                *You do still have to send your defence to the court PDQ.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Court Claim - Cabot / Capital One - 22-12-2015

                  If the issue date is 22/12 (same as mine) the court told me when I rang to ask that the defence was due by 4pm 25/01. You can email it.
                  Im not any kind of expert just going through the same process.

                  Comment


                  • #10
                    Re: Court Claim - Cabot / Capital One - 22-12-2015

                    See post on other thread

                    http://legalbeagles.info/forums/showthread.php?75762-Hi-and-thanks&p=612659&highlight=#post612659


                    & you can check dates using the tool in green bar (above^^^^ at top of this thread)

                    Issue date +(28 days + 5 for post =33 days) (24th is a Sunday)
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Hi and thanks

                      Many thanks for your advice

                      I'll get to work on my defence now and post before I send it . To clarify, you are right on both points, nothing from Cabot, (although this morning is the last morning and the post hasn't arrived yet) and Restons are requesting a signature.

                      Comment


                      • #12
                        Re: Hi and thanks

                        Originally posted by taff View Post
                        Many thanks for your advice

                        I'll get to work on my defence now and post before I send it . To clarify, you are right on both points, nothing from Cabot, (although this morning is the last morning and the post hasn't arrived yet) and Restons are requesting a signature.
                        The CPR 31 .14 request should always be signed there is no reason not to do so.

                        nem

                        Comment


                        • #13
                          Re: Hi and thanks

                          Okay, I'm really struggling with this!

                          Using the example defence:

                          4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

                          Do I admit that I entered into an agrrement with Capital One? I have never had any communication with Cabot up until the point I sent off the CPA request - I assume that means I deny an agreement with them?


                          [5. The particulars of claim fail to state when the agreement was entered into.]

                          The claim form says it was on or about July 28, 2005?

                          6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

                          There is no information about this on the claim form. Would the letters I ignored from Cabot not be notice of the assignment?

                          7. It is denied that [Original Creditor] 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.

                          What constitutes a default notice? Do I just deny it though inevitably at some point Capital One would have attempted to contact me and again send me letters I ignored?


                          9. [Claimant's Solicitor] has not sent any of these documents to me.

                          This is the case, although as previously posted it's because they want a signature.

                          Comment


                          • #14
                            Re: Hi and thanks

                            Hi sorry to keep being a pain, but I'm not sure if I should what to do with the above points.

                            All the other points on the template make sense to me but I'd be so grateful for some advice on the five I'm struggling with

                            Thanks

                            Comment


                            • #15
                              Re: Hi and thanks

                              Okay this is what I've sent as my defence:

                              1: I received the claim xxxxxxx from the Northampton County Court dated 22/12/15
                              2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
                              3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.
                              4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
                              5: On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement.
                              6. Restons has not sent this document to me.
                              7. On the 6th January 2016 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
                              8. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
                              9. 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.
                              10. I request the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
                              11. 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.
                              12. 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.

                              Comment

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