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

[Amethyst]

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

Thank you xx

[Mineral1]

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.

If its Capital One please do check the PPI position, I had a card from that era that 'picked' itself up PPI on the way along so as to speak! :-) If you have any statements check them over if not a SAR to Capital One should recover any statements held (costs a tenner) If its there and you don't know its there... Time the nice Gents returned it to you! :tinysmile_twink_t2:

[71malan]

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

IMG_20150117_135709 (2).jpgcourt.jpg

[71malan]

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

Hi there,i have posted cca onto someone else,s reply further down this thread.Had an hour of trying,not even sure how i did it,But if photo is good enough for you to view,it is there.If not i will get someone else to post it for me as its worn me out trying,Thank you very very much,

[Amethyst]

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

[ATTACH=CONFIG]15635[/ATTACH][ATTACH=CONFIG]15636[/ATTACH]

That's worked fine, thank you and well done xx

[Amethyst]

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

Did you get pages like these ( http://www.legalbeagles.info/forums/...One-Terms-2004) with the front page ?

[71malan]

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

hi,I have posted CCA copy at bottom of this thread.Many thanks.

[71malan]

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

Yes there are six pages.Thank you.

[Amethyst]

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

[ATTACH=CONFIG]15635[/ATTACH][ATTACH=CONFIG]15636[/ATTACH]

Okay, it is likely that would be deemed as enforceable.

Do you recall ( big ask I know) signing that page ?

[71malan]

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

Hi,no recollection,but certainly my signature.In nationaldebtline template letter i sent,I also asked for "a full breakdown of account including any interest or charges applied"And was led to believe this had to be supplied.Also the list of conditions stated late payment charges would be charged at £20.Can i argue that this is unenforceable if they show these charges.?Many thanks.

[Amethyst]

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

Yes the statement of account should be supplied, and so should the terms as varied at time of default.

Late payment charges in 2004 would have been £20. They weren't reduced to £12 till 2006 ( might have been £16 for Egg actually - there was something odd about Egg's default / late payment charges and they had a special mention in the OFT report )

[Amethyst]

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

Well I'm coming down on the side that you need to start looking at an offer to settle this by either a lump sum ( with a discount of course - Cabot will have purchased the debt for around £60 so bear that in mind. Plus court costs and the sols fee, plus their profit/admin I reckon £300 might be acceptable ) or monthly instalments, in order to definitely avoid a CCJ.

There are minor issues which you can use to aid negotiation, negotiation should be direct with the claimant solicitors, and you can ask them if they'd feel more comfortable with a Tomlin order so they have the security of the claim held in the court system for in case you miss payments.

I don't know your personal circumstances at all but I understand a lot of the amount being claimed is charges and interest. You could send a SAR to Capital One to get your transaction lists to see what these were, although you may be out of time for reclaiming these as you knew about the charges in 2006/2007 when you defaulted payments. This can be included in the defence ( or in the negotiation discussion )

[71malan]

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

Hi,Thanks for your replies.Would it be advisable to defend until i receive statement of account.Which i feel would enable me to assess what is reasonable.Were i to submit an offer.I obviously want to pay anything that is reasonably owed.But would like to be aware of who is out of pocket for what beforehand.Many thanks.