Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

[71malan]

Hi everyone,New on here so please excuse me if im posting this in the wrong place.Ive received a court claim on the 24/12/14 regarding a capital one debt from 2004,The credit limit was £200 and i went over by £2.00 receiving a £40 charge.It spiralled out of control and payments were still being made to them in 2010,so is still enforcable.The amount now after years of payments is £699.I would like to defend it on it being unfair and disproportionate.I need to get the defence back by the 27th,But i am unsure how to word that on the form,I will be attending C.A.B but wondered if anyone here could shed any light on it.Thanks for reading this,Kind regards,Stephen.

[71malan]

Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

Received a claim? Yes
Issue Date: 22-12-2014
Amount approx: £600.00 + £130.00 costs.
Claimant: cabot financial (uk) ltd
Solicitor: restons solicitors
Original Credit: capital one (europe) plc

Particulars of Claim:
The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and capital one bank (Europe dated on or about dec 30 2004 and assigned to the claimant on may 09 2007 in the sum of 599.29particulars /c no....... date 28/11/2014 default balance 599.29 post refl cr nil total 599.29

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request

Other Info:
My credit limit was £200,And i went £2.00 over and costs spiralled due to me burying my head in the sand.There were lots of different payment plans over the years that i sometimes adhered to over the years,Ending in 2010.I believe that they must have recouped the original £202 plus plenty of interest over the years.My main query is that the charges were i believe excessive from the outset,And is this a reasonable defence.Many thanks for taking the time to read this,Stephen

[Mineral1]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

Hi when did you send off your CCA? Have you had any acknowledgment to it yet? An agreement from 2004, will be interesting to see what comes back... Was there any PPI added to this? :tongue2:

[71malan]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

Hi there,Firstly many thanks for your reply.I sent request mistakenly to cap one Headquarters on the 7th.Which is strangely still out for delivery with Royal Mail.I then found out it should have been sent to Cabot.Which i did yesterday the 15th.Has been received this morning.Which will now not give me the 12 days to quote on my defence,before i have to submit.Tempted to state that anyway?.Not sure about PPI as so long ago.Thanks again for your reply.Kind regards,Stephen.

[71malan]

Add to defence at a later date.

Hi,i have to submit my defense to county court for a £700 debt next week.For various reasons my CCA request was only received this morning So i cannot use that in my initial defense.If i do not receive correct response within allocated time,Can i submit it to a hearing at a later date.Many thanks,Stephen

[Amethyst]

Re: Add to defence at a later date.

Hi

I have merged your threrads - it is best to keep things together so people can read back the history of the case to date when trying to help.

As this is a capital one debt it is likely that they will be able to provide a recon of the terms and conditions, possibly the actual agreement copy - Cap One have managed to sort these out quite well, just so you are aware in advance that its a possibility they will come up with the relevant documents at some point.

As this is Restons it is also unlikely they will agree to an extension to your defence but it is worth asking them - particularly for a Cabot claim, as Cabot have taken it upon themselves to invent their own timescales for compliance with the CCA of 40 days.

Therefore I would recommend requesting an extension, it is best dealt with on the telephone, however you can email or write to the claimants solicitors, depending how much time you have.

something like

Dear xxxxxxxxxxxxxxx

Claim Number: CABOT - v YOUR NAME

You will be aware that I have requested further information from you regarding your clients claim No XXXXX relating to a debt allegedly previously owed to Capital One.

I have asked your client, CABOT, as they are considered the Creditor under the act, to provide a copy of any credit agreement for the alleged debt under s.77-79 of the Consumer Credit Act 1974 and they have yet to respond.

As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension in writing.

Considering the current deadline for submission is the xxxx xxxxxx 2014 I would appreciate a response by return.

Kind regards

XXXXXXXX

[71malan]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

I will get that sent tomorrow,also telephone.Thank you very much for advice.It is greatly appreciated.

[Amethyst]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

No probs xxx

[71malan]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

Hi,I have received this morning a signed copy of CCA from Capital One.It also says it has included a copy of my defaulted agreement,And statement of accounts.There is an A4 sheet of paper headed "agreement at date of default" Underneath states my name.Underneath that states account number.The page is then blank.No dates,addresses or any other text.The main letter also states "includes statement of account required under s78 which is set out at the end".All the last page shows are the financial penalties which can be incurred for late payment etc.No reference to myself.In my CCA request i asked for a full breakdown of this account including interest or charges applied.Thanks for taking the time to read this.Any advice would be Greatly appreciated,Stephen.

[nemesis45]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

Does your name and address exactly as it was when the agreement was signed appear anywhere the documents?

[71malan]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

Hi,There is only one signature On CCA.It says Rainham,London instead of Rainham,Essex.All else correct.

[nemesis45]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

Ok.
Not the signature panel the Name and Address panel usually at the top of the agreement 1st page.

nem

[Amethyst]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

Any way you can scan in / photo the cca ?

[71malan]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

It has my name and address on top left,Stating LONDON instead of ESSEX.On the right hand side opposite is a box asking "have we shown your name and address correctly?If not, please make any changes in the space opposite and include your signature next to them"

[71malan]

Re: Court Claim - cabot financial (uk) ltd / capital one (europe) plc - 22-12-2014

Im not very computer savvy,I shall try,And if not i can get my daughter to do it for me by tomorrow at latest.Thank you.