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Thread: Cabot Financial Vs TommyWal

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    Default Cabot Financial Vs TommyWal

    Hi. This is my first post and would like some help/advice.

    I have had a Claim Form sent to me for a debt from a credit card issued by Capital One.

    Issue date - 12/12/2016
    Amount Claimed - £1190.79
    Court Fee - £70.00
    Legal Rep Cost - £80.00
    Total - £1340.79

    Claimant - Cabot Financial UK LTD

    Solicitor- Mortimer Clarke

    Original Creditor - Capital One

    Particulars of Claim as follows

    "By an agreement between Capital One & the Defendant on or around 08/04/2014 ('the Agreement') Capital One agreed to issue the Defendant a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1190.79

    Any help and/or advice would be greatly appreciated.

    After reading through forum I would add that I have today acknowledged the claim and have posted a CCA request to original Creditor and CPR to their solicitors (Mortimer Clarke)
    Last edited by TommyWal; 19th December 2016 at 15:09:PM. Reason: Additional info

  2. #2
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    Default Re: County Court Claim NCCBB

    Hi TommyWal

    First & foremost, acknowledge the claim asap. (The court claim pack will give full details).
    For the moment, defend in full, yes to mediation & if you live in England/Wales, do not contest jurisdiction.
    After this, a CCA s78 request & a CPR 31.14 request is the usual way forward.
    A SAR is also usually a good idea.
    If you need help finding or completing the forum templates, just post on this thread for assistance.
    CAVEAT LECTOR

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

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    There is danger when a man throws his tongue into high gear before he
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    Default Re: County Court Claim NCCBB

    Thank you for your reply. I found the information I need (I think) posted on this forum. Could you juat clarify for me me if i have the correct information.

    A CCA 78 is a request for the original credit agreement?

    A CPR 31.14 is a request for the documents mentioned in the particulars of claim? (So in my case just the credit agreement?)

    Could you please tell what an SAR is?

    Thank you.

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    Default Re: County Court Claim NCCBB

    Quote Originally Posted by TommyWal View Post
    Thank you for your reply. I found the information I need (I think) posted on this forum. Could you juat clarify for me me if i have the correct information.

    A CCA 78 is a request for the original credit agreement?

    A CPR 31.14 is a request for the documents mentioned in the particulars of claim? (So in my case just the credit agreement?)

    Could you please tell what an SAR is?

    Thank you.
    CCA template - http://legalbeagles.info/forums/show...y-of-Agreement
    CPR template - http://legalbeagles.info/forums/show...ic-information
    SAR template - http://legalbeagles.info/forums/show...quest-template

    :yo:

    I'll tag @nemesis45 for you too xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

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    Default Re: Cabot Financial Vs TommyWal

    Thank you so much for the links.

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    Default Re: County Court Claim NCCBB


    Thank you @Kati
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: County Court Claim NCCBB

    Thanks guys. I'll await the replies to the request for CCA and CPR and see what happens. Thanks again

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    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    Thank you so much for the links.
    Good afternoon Tommy,
    @charitynjw and @Kati have got you on the right track!

    Can you please give us some history of the debt?
    Does the account appear on your credit reference files? You can check Noddle and Clear Score free online.

    When did payments cease?

    What is the default date?

    Was there any ongoing dispute with Capone?

    A DSAR = Data Subject Access Request made under the provisions of the Data Protection Act 1998 requires the recipient to provide all personal data it holds on you the data subject, if you for instance have more than one account with a creditor all data must be provided.

    There is a £10 statutory fee to pay and the timescale is 40 calendar days.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: Cabot Financial Vs TommyWal

    The default date is showing as 03/10/2014. I cannot remember or see when I last made paymenr or made contact with Capital One regarding this. There is no history really apart from struggling to keep up payments at the time which has led to this point. Do you recommend I do a DSAR or just go ahead with the CCA and CPR? I think I do have more than one account with Cabot also.

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    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    Do you recommend I do a DSAR or just go ahead with the CCA and CPR? I think I do have more than one account with Cabot also.
    The Subject Access Request goes to the original creditor (Capital One) so you can see the full history of the account including the Transaction Log.

    This will become useful if you are sent any reconstituted documents and you need to question if they're 'honest and accurate'. It also helps to establish Statute Barred dates if that becomes an issue. And it can establish whether there was PPI on the account (was there?).

    If you have more than one account with Cabot why not make a short post describing them in case it's wise to send a CCA Request to them for those ones too. The week before Christmas is 'peak season' for debt purchasers to issue court claims so it's good to get ahead of the game.

    Deal with this claim first and then ask for help on any of the other debts after that

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Cabot Financial Vs TommyWal

    Hi Di.

    The other Cabot account is owed a fraction of the one in question that I have had a Claim issued against me for. I doubt they will bring that one to court. I really have no idea how to proceed other than to follow the advice had so far. With regards to PPI I do not think that I have it at all.

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    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    Hi Di.

    The other Cabot account is owed a fraction of the one in question that I have had a Claim issued against me for. I doubt they will bring that one to court. I really have no idea how to proceed other than to follow the advice had so far. With regards to PPI I do not think that I have it at all.
    Cabot cannot bring the other alleged debt to the notice of the court so don't worry about that.

    Get the CCA and CPR requests sent asap using the forum templates as a guide.

    Sort this debt first then we can deal with the lesser one.

    nem

    There's few free PPI checkers online nay be worth being sure.
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: Cabot Financial Vs TommyWal

    Hi, could anyone tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

    I am worried that they are going to harrass me and try to get me to pay money out.

  14. #14
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    Default Re: Cabot Financial Vs TommyWal

    in writing only

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    Default Re: Cabot Financial Vs TommyWal

    Thanks Mike770. That was my thought. They've been calling everyday. I will continue with advice given.

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    Default Re: Cabot Financial Vs TommyWal

    got myself BT call guard answer machine end of these silly calls as are blocked

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    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    Hi, could anyone tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

    I am worried that they are going to harrass me and try to get me to pay money out.
    For your own safety keep everything I writing Mortimer Clarke is not there to help you it is owned by Cabot.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  18. #18
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    Default Re: Cabot Financial Vs TommyWal

    Thanks nem. I will await their reply to my CPR and also the CCA from Cabot. Thank you guys!

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    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

    I am worried that they are going to harrass me and try to get me to pay money out.
    They may be ringing you about the other debt they have of yours.

    As has been said, everything in writing - they'll soon tire of ringing. Cabot use autodial so they won't know whether you're ignoring them or out Christmas shopping

    Have you sent the SAR to Capital One?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Cabot Financial Vs TommyWal

    Hi all. Update. Received a letter dated 23/12/2016 from Mortimer Clarke.

    "We acknowledge your request for documents pursuant to Section 78 of the Con sumer Credit Act 1974 and CPR 31.14.

    For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

    I'm the meantime, the matter has placed on hold and no further action will be taken."

    So I wait and see what they say!

  21. #21
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    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    Hi all. Update. Received a letter dated 23/12/2016 from Mortimer Clarke.

    "We acknowledge your request for documents pursuant to Section 78 of the Con sumer Credit Act 1974 and CPR 31.14.

    For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

    I'm the meantime, the matter has placed on hold and no further action will be taken."

    So I wait and see what they say!
    Hi Tommy,

    The " on hold" From Mortimer Clarke means nothing in terms of the court process so take care.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  22. #22
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    Default Re: Cabot Financial Vs TommyWal

    Your defence needs to be filed at court by 14th Jan.
    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

  23. #23
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    Default Re: Cabot Financial Vs TommyWal

    What should be in a defence? I doubt that I will receive any of the documents from Capital One by then.

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    Default Re: Cabot Financial Vs TommyWal

    Quote Originally Posted by TommyWal View Post
    What should be in a defence? I doubt that I will receive any of the documents from Capital One by then.
    'No documents' defence example for you to tweak.
    http://legalbeagles.info/forums/show...t-Court-Claims
    This relates to the CCA & CPR requests.
    The DSAR from Cap1 does not figure in your actual defence, so don't worry about not receiving that info atm.
    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

  25. #25
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    Default Re: Cabot Financial Vs TommyWal

    Thanks charitynjw. I shall await delivery of the CCA before using theither template.
    Thanks again

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