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

[Diana M]

Re: Hi and thanks

First things first.

You started another thread when you received this claim. On that thread you posted the POC so maybe it would make sense if your two threads were merged to help those who would like to help you get the backstory.

If you ask @Kati nicely she may do this for you (the thread merging bit)

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

Posted 18th January 2016:

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!

Di

[Diana M]

Re: Hi and thanks

In response I have drafted this letter which I, as always, would really value advice and any alterations from this forum.

Dear Sir

I write in response to your letter of March 30, 2017. I apologise for the delay in replying but I was away from the UK between March 27 and April 10.

To address the first point in your correspondence, I am not aware of any documentation previously being provided to me since my CCA request was made more than a year ago.

Furthermore, the copy of the Terms and Conditions you have provided does not bear my signature and therefore I do not consider it proof that I agreed to be bound by them.

As a result I do not consider the status of my defence to have changed and will not be withdrawing it.

Furthermore, to avoid any further unnecessary correspondence I would ask you to invite your client to withdraw the stayed claim within seven days of the date of this letter.

Don't send that letter.

In fact think twice before you send any letter.

This claim is stayed (isn't it?).

If the Claimant wants to resurrect their claim after a year of silence then they can tell that to the court in an application to lift the stay.

Di

[Diana M]

Re: Hi and thanks

As for making them an offer the answer would be at the moment NO

Any sort of offer may be seen by the court as an admission and land you with a ccj

I agree.

An offer may be considered as an admission of liability by the court unless it's done on a Without Prejudice basis which the court can't see.

Even a WP offer will be seen as a sign of weakness by the Claimant.

Litigation is about 'the first to blink'.

You have no need to blink right now.

Di

[Kati]

Re: Hi and thanks

If you ask @Kati nicely she may do this for you (the thread merging bit)

done xx

[taff]

Re: Hi and thanks

Hi Nem

Here is a PDF of the T+Cs they sent along with a copy of the N9A form http://docdro.id/XGSsWJj

[nemesis45]

Re: Hi and thanks

[QUOTE=taff;721112]Hi Nem

Here is a PDF of the T+Cs they sent along with a copy of the N9A form http://docdro.id/XGSsWJj


Hello Taff,

Just one set of T's & C's? Does it have your name and address as it was when the account was opened?
It's not easily readable in all parts in the attachments is the original any better?

nem

[taff]

Re: Hi and thanks

Hi warwick65

No I never sent a SAR.

This is a copy of the CPR 31.14

On 23/12/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of the contract you mention in your statement of case ahead of filing my defence on 24 January 2016.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

The response from Restons has now been merged into this thread (thanks Kati!) and is above http://legalbeagles.info/forums/show...524#post636524

I'm sorry, I don't quite understand what you mean when you are asking about it being "assigned".

Thanks very much for your response. I really can't believe how helpful people are on this forum.

[taff]

Re: Hi and thanks

Hi Nem,

That's it in it's entirety. No address - nothing to suggest it is specific to me.

Quite clearly by the quality they've just photocopied it from somewhere. but that said there is even more degradation in the scan which is my fault as I don't have a scanner so had to create the PDF with a phone app. I can have another go if it is helpful?

- - - Updated - - -

[taff]

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

Don't send that letter.

In fact think twice before you send any letter.

This claim is stayed (isn't it?).

If the Claimant wants to resurrect their claim after a year of silence then they can tell that to the court in an application to lift the stay.

Di

Hi Diana

Thanks also for your input. Yep, the claim is stayed by the court.

[nemesis45]

Re: Hi and thanks

Hi Nem,

That's it in it's entirety. No address - nothing to suggest it is specific to me.

Quite clearly by the quality they've just photocopied it from somewhere. but that said there is even more degradation in the scan which is my fault as I don't have a scanner so had to create the PDF with a phone app. I can have another go if it is helpful?

- - - Updated - - -




Hi Diana

Thanks also for your input. Yep, the claim is stayed by the court.

In that case the " agreement" does not meet the requirements of the CCA request (see post #42.

nem

[taff]

Re: Hi and thanks

In that case the " agreement" does not meet the requirements of the CCA request (see post #42.

nem

So should I reply to them and tell them that, or just sit tight and not respond?

[nemesis45]

Re: Hi and thanks

So should I reply to them and tell them that, or just sit tight and not respond?

Sit tight Taff if they want to go forward with that as an " agreement" I don't think they will succeed .

There is certainly no need to make any offer or change your defence.

Is the claim stayed?

nem

[warwick65]

Re: Hi and thanks

Hi warwick65

No I never sent a SAR.

This is a copy of the CPR 31.14

The response from Restons has now been merged into this thread (thanks Kati!) and is above http://legalbeagles.info/forums/show...524#post636524

I'm sorry, I don't quite understand what you mean when you are asking about it being "assigned".

Thanks very much for your response. I really can't believe how helpful people are on this forum.

When Capital One sold your account to the new owners you should have been sent a Notice of Assignment which tells you the account has been 'assigned' . Without it the new owners do not have the right to issue a claim which is why it is included in the particulars of claim.

I would still think about sending a SAR to Capital One and only Capital One , if and I mean if, the claimants want to lift the stay , that might be the time to send a request to Restons asking for the Notice and Deed of assignment.

Usually when you send a CPR 31.14 request on receiving a claim you ask for the documents listed in the particulars of claim, in this case it would have been the agreement/contract and the notice of assignment but no use worrying about that now. I have just mentioned it in case anyone else reads the thread

Lets see what [MENTION=87380]Diana M[/MENTION] thinks

[Diana M]

Re: Hi and thanks

Is the claim stayed?

nem

Yes it is

Hi Diana

Thanks also for your input. Yep, the claim is stayed by the court.

Di

[taff]

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

Hi all again

Okay I received what appears to be very bad news yesterday.

Restons have written to me with a copy of an Application Notice and supporting evidence that was filed to the court on Tuesday. Amongst all the evidence is the actual agreement I signed, with the correct address etc so it appears to be the CCA I requested way back when. It is completely different to what they sent me previously which was just a photocopy.

They have requested the court lifts the stay and serves an order on me.

I can post up the full application if necessary but it seems to me that I now need to do something to sort this out?

Please help!