Court Claim - CABOT / CAPITAL ONE - 22-11-2015

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

I've just noticed that Resstons claim that the last payment was made on the account on the 16th May, 2010. If they are correct (and they have failed to prove it). So this will become statute barred in 8 days time. Could this be a last ditch attempt to squeeze a payment agreement out of me? Thanks.

[charitynjw]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

The Claimant assignee has the benefits via the assignment, but also has the burden as per Consumer Credit Act 1974 (ie the duties imposed by the Act on the original creditor have been passed to the assignee. (unless specifically excluded)
That's why the assignee is bound by legislation to provide documents listed in s78 CCA (credit card)

- - - Updated - - -

I've just noticed that Resstons claim that the last payment was made on the account on the 16th May, 2010. If they are correct (and they have failed to prove it). So this will become statute barred in 8 days time. Could this be a last ditch attempt to squeeze a payment agreement out of me? Thanks.

Court claim issued 22/11/2015 (post #1)

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

What happens if they continue to ask for payment after the 16th May which will be the date they originally claimed the last payment was made on this account. What do I write back to them, and if necessary can I have this case heard in a Court nearer my home so I can defend it. Heard nothing from them for 3 months and up they pop again like a bad smell. Thank you.

[nemesis45]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

What happens if they continue to ask for payment after the 16th May which will be the date they originally claimed the last payment was made on this acco
unt. What do I write back to them, and if necessary can I have this case heard in a Court nearer my home so I can defend it. Heard nothing from them for 3 months and up they pop again like a bad smell. Thank you.

For information: The date a county court claim is issued Stops the 6 year limitation " clock" meaning that the debt cannot become statute barred on 16th May.

nem

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Restons are proving to be a real pain. They wrote to me in February claiming their client Cabots were gathering the necessary documents together to support their claim that this was not statute barred. Nothing was heard from them again until June the 6th, no mention was made of the documentation, but they said there client would accept a reduced payment, or payments by installments. I wrote back saying that as they had not proved their case I considered the matter closed. Today received another letter claiming their client was still awaiting documentation. What have they been doing since February. The letter end by saying "FOR THE AVOIDANCE OF DOUBT OUR CLIENT WILL NOT BE WITHDRAWING THE CLAIM AGAINST YOU, AND WE WILL CONTACT YOU IN DUE COURSE"

I asked them to provide the information within 12+2 days and enclosed a postal order for £1.

What to do with them now.

[Kati]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Restons are proving to be a real pain. They wrote to me in February claiming their client Cabots were gathering the necessary documents together to support their claim that this was not statute barred. Nothing was heard from them again until June the 6th, no mention was made of the documentation, but they said there client would accept a reduced payment, or payments by installments. I wrote back saying that as they had not proved their case I considered the matter closed. Today received another letter claiming their client was still awaiting documentation. What have they been doing since February. The letter end by saying "FOR THE AVOIDANCE OF DOUBT OUR CLIENT WILL NOT BE WITHDRAWING THE CLAIM AGAINST YOU, AND WE WILL CONTACT YOU IN DUE COURSE"

I asked them to provide the information within 12+2 days and enclosed a postal order for £1.

What to do with them now.

Have you heard anything from the courts??

tagging [MENTION=55034]nemesis45[/MENTION] xx

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Nothing from the Court. I dont think that they can get the paperwork to prove their case. They just seem to be trying to get me to agree a payment. Wouldn't that then re-start the 6 year clock. I really cant afford anything as I am currently receiving E.S.A. and will soon get my basic state pension. I've even thought of getting a debt relief order t get rid of them.

[nemesis45]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Have you heard anything from the courts??

tagging @nemesis45 xx

Just typical Restons/ Cabot nonsense.
When was your CCA request sent?

Nem

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Just typical Restons/ Cabot nonsense.
When was your CCA request sent?

Nem

CCA request sent 1st February. Acknowledged by Restons on February 10th saying it may take some time and thanking me for my patience. Nothing heard from them again until May 4th when they started asking for a lump sum payment or to contact them to arrange payment by installments.

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Who do I complain to about Restons/Cabots? I've been reading a few threads on here and it generally seems to be that they think that they can take as long as they like to respond to a CCA. Finanancial Ombudsman, or :Law Society or both?

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Anyone?

[MIKE770]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Nobody - just sit tight the onus is on them to produce for now, they are just hoping you have no idea ans cave in to their threats, the court system is in gear as far as it goes, they hope to give up! = begging you!

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Heard nothing from Restons since 9th June. Thought they had given up, but they are back again. Enclosed a copy of the credit agreement and a default notice dated 16/9/2010, (which looks suspiciously like something they have produced themselves! Threatening Court action again. As I asked them to prove their claim with paperwork back in February they certainly have taken their time in producing any paperwork at all. They are giving me the 'opportunity to withdraw my defence' Sounds to me like desperation on their part but they are really annoying now. They failed to produce the paperwork within the permitted timescale as I understand it. Should I ignore them? Thanks.

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Forgot to mention that they originally claimed the last payment I made was in May 2010 but the default notice is dated 16/9/2010 which seems a long time to receive a default notice. The copy of the default notice supposedly from Capital One doesn't look like its from a genuine Capital One letterhead. I could have produced one that looked more authentic! And why as it taken so long to produce anything at all
Thanks.