Court Claim - cabot financial uk limited / capital one - 14-1-2015

[Nuff55]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Nothing to lose and everything to gain if you file a defence.....

Have a look for the defence template and adjust to suit...

[Kati]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

ok so I got a day left to fill my defence online, can I based it on the fact that I have sent cpa etc and still waiting to hear? who then is deciding on my defence? the court or cabot etc? Am I right thinking I am better off to fill the defence anyway

your date for getting the defence in is (33 days from date of issue on the claim/28 days from receipt of it):

From Wednesday, 14 January 2015
Added 33 days

---

Result: Monday, 16 February 2015

which gives you one more week
When did you send the CCA and CPR requests?
Have you any bank statements which can show you when you last paid anything towards it?
Have you checked your credit file (Noddle is a free site for this)?

I know [MENTION=55034]nemesis45[/MENTION] is knowledgeable in this area, hopefully he'll pop along soon and advise

K xx

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

thank you so much [MENTION=58830]Nuff55[/MENTION] and [MENTION=49370]Kati[/MENTION]

I am sending CCA and CPR today, just drafting it.
I havent got any old bank statements, I lost all my personal docs when I had to fled home and relocate (domestic violence), but I m pretty sure I have not paid anything towards it in the last 5-6 years
just opened account on Noddle and the information is as follows:

Account start date
26/01/2008

Opening balance
£ 1,305

Repayment frequency
Monthly

Date of default
15/02/2010

Default balance
£ 1,305

am I right to think that this debt is SB as there will be 5 years from the default date?

[Kati]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

SB is 6 years in England and Wales, 5 years in Scotland (where there has been no payment/acknowledgement of the debt by yourself in that time).

Could you maybe ask your bank for copy statements? It would enable you to work out when you last paid anything
K x

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

oh, so its 6 years then, Im in England.
My current bank account was opened in mid 2010 and I havent paid anything from this bank account. bank account before that is now closed, not sure I will be able to retrieve any bank statements. I will try tho

[nemesis45]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

I am around I'll take a look asap.

nem

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

I am around I'll take a look asap.

nem

thank you [MENTION=55034]nemesis45[/MENTION], your opinion on this will be much appreciated

[nemesis45]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

If the account has not been in the hands any other DCA it might well be worth a quick call to Capone to find out when the last payment was made.


SB in England = The clock starts clicking when a contractual payment was due and not made, after which No further payment or unequivocal written acknowledgment was ever made.

The default could be up to 6 months after the last payment.

nem

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

If the account has not been in the hands any other DCA it might well be worth a quick call to Capone to find out when the last payment was made.


SB in England = The clock starts clicking when a contractual payment was due and not made, after which No further payment or unequivocal written acknowledgment was ever made.

The default could be up to 6 months after the last payment.

nem

thank you. who are Capone?

[nemesis45]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Cap ( It al) One:tinysmile_cry_t:


nem

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Cap ( It al) One:tinysmile_cry_t:


nem

ohhh, sorry, silly me

would they give this info out with no problems normally, or would they take it against me?

[nemesis45]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Capital One has no interest in the account now so asking it for information cannot affect anything.

nem

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Capital One has no interest in the account now so asking it for information cannot affect anything.

nem

@nemesis45, I rang Capone , and they told me they are unable to pull up any info as the account is too old.

[nemesis45]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Bu**er, that's a shame.
When is your CCA request 12 + 2 working days up?

nem

[terrified]

Re: Court Claim - cabot financial uk limited / capital one - 14-1-2015

Bu**er, that's a shame.
When is your CCA request 12 + 2 working days up?

nem

I have only posted it today.
Got till 16th Feb to submit my defense tho