CClaim Received - Restons/Cabot/Capital One: What can I do?

[Flower293]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Can anyone help...please? I only have till Wednesday

Thanks
Flower

[nemesis45]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hi Flower,
Please post what you have received.


nem

[Flower293]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hi Nemesis...
Have attached what I received...Does it make it enforceable?

Thanks
Flower

[Flower293]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Bump

[nemesis45]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Taking a look now.

[nemesis45]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

At first quick read it appears Cabot have sent the original agreement (signed ) with it's Ts & C's and the subsequent Ts & Cs at closure of the account.
It seems compliant as said at first glance.

No doubt we will get some more opinions soon.

nem

[skilganon]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

having a closer look, i believe there may be a document missing ?

on closer inspection of the signature box signed by cap one your right to cancel it clearly states :

" exact details of how and when you can do this will be sent to you by post by Capital One "
so there is a document missing

dont know if this will help ? nem is probably more knowledgeable on these things than i am ?

[Flower293]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hi Nemesis & Skilganon....
Thanks for all your help...Its not much but thought would upgrade to help keep site free...Your help is invaluable, so thank you... [MENTION=46588]skilganon[/MENTION], you can read it better than I could. :tinysmile_grin_t: I don't have that document.
[MENTION=55034]nemesis45[/MENTION] ...ok then :tinysmile_hmm_t2: What are my options?

Thanks
Flower

[Flower293]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

...Also looking at it...If it says that above he signature box " exact details of how and when you can do this will be sent to you by post by Capital One " and the t&c's attached have in the Right to Cancel box beginning with "Once you have signed"... Then how can it be part of the same document?

[Flower293]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

'Bump'...sorry but running out of time

[nemesis45]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Have to agree with the previous conclusion there is a document missing from the recon agreement meaning it is not compliant.

nem

[Flower293]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Thanks Nemesis...

Then can I use this as a defence?
Also were they not supposed to send a statement of account every year of their 'ownership'?


1. I received the claim XXXXXXX from the Northampton County Court that was issued on 9^thJanuary 2015


2. This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.


3. It is admitted that the Defendant has previously entered into an agreement with Capital One for provision of credit.


4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


The particulars of claim fail to state when the agreement was entered into, they state “on or about Aug 01 2001”.


8. On the 20^th January 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the 'CONTRACT' between myself and Capital One and 'ASSIGNMENT' from the Claimant.


9. Restons Solicitors Limited has not sent these documents to me.


10.On the 07^th February 2014 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement as they have failed to include all the documents mentioned on the 'agreement'.

12. On 6th May 2014 I wrote to the Claimant highlighting their failure to comply with s78 of the Consumer Credit Act and reminding them of their obligation to supply the documents under Section 189 of Consumer Credit Act 1974 to which they have received.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


15. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.




Thanks

Flower

[Flower293]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Bump...Defence is due today

[nemesis45]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Hello Flower.
Remove Bold/Highlighted word use standard text e.g. contract/assignment.
Para12 end remove 'to ' just " which they have received add Date.
Good to go other wise.

nem

[Flower293]

Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

Amended..and submitted,
Thank you so much Nemesis and all!!! I doubt this is over looking at the amount of other Cabot threads on here...Seems like they are putting through a lot.
Will update once I hear anything...
The 40 day letter I got from Cabot, should I forward that on to the FCA? it was in 2014 will they even see it as relevant?

Thanks so much once again,
Flower:tinysmile_grin_t: