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Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

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  • Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

    Received a claim? Yes
    Issue Date: 4-2-2015
    Amount approx: £424.73
    Claimant: Cabot Finacial UK Limited
    Solicitor: Weightmans LLP
    Original Credit: Capital One

    Particulars of Claim:
    1. The defendant entered into a credit agreement described by the original creditor as Capitla One - Credit card and having account number XXXXXXXXXXXXXXXX ('theaccount')
    2. The claimant, a UK limited company with company number 3757424 is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.
    3. The defendant is indebted to the claimant in respect of the account in the sum of 339.73
    4. The claimant claims the said sum of 339.73, plus costs


    Stat Barred? Maybe (pretty sure it is).

    Have sent: Acknowledged the Claim, CPR letter, CCA letter.

    Other Info:
    I perhaps think the dept should be statute barred despite now receiving a Claim for the dept (although i don't fully understand this and may be wrong), having checked my credit file it reads that the account is with Cabot (not Capital One) and has a start date of 03/04/2008 with a default date of 20/04/2009: i am 100% certain no payments got made on this to Cabot ever during 2008 and onwards (nor have i ever contacted them acknowledging the debt with them) - the only times i paid any of the debt was when it was with Capital One and this was during mid 2008 until no later than June.

    I really don't know how to proceed with this and had almost sent of the Admission form with an offer of payment via instalments, but after finding this site, reading up on things and checking my credit file and noticing the dates etc - i think i might not have to pay it and that it should be stat barred now and would like some help in trying to avoid action against me.
    Last edited by ZiggyMoff; 10th February 2015, 17:21:PM. Reason: Updated "Have sent".
    Tags: None

  • #2
    Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

    To do.
    *Make up CCA and CPR request letters.
    *Send off CCA and CPR request letters.
    ---
    Hi, great forum and has lots of great info - glad i found it :tinysmile_twink_t2:.

    I am going to be using the templates to make up the CCA and CPR requests. due to a little financial difficulty i will hopefully get these sent out on Tuesday/Wednesday (this is when i get some money) - I'll get them typed up in the mean time and post them here to check they are OK.

    The Acknowledging the Claim form was sent via the moneyclaim site today, it is already showing in my claim history.
    ---
    I would greatly appreciate any help as I'm totally new to doing anything regarding a CCJ and (potentially) defending against it, if you need any info from me please let me know and I will gladly provide it (if i can).

    Cheers.
    Last edited by ZiggyMoff; 7th February 2015, 18:56:PM.

    Comment


    • #3
      Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

      Hi Welcome to LB,

      Please clarify on your thought for this being statute barred.

      For information> Statute Barred (simple contracts) in England & Wales= No payments or unequivocal written acknowledgment of the debt in 6 (5 in Scotland) clear years.

      The clock starts ticking (Credit Card) the date a contractual payment was due and not made after which no payment or written acknowledgment was ever made.

      CPR 31.14 is free, CCA request is £1.00 use a postal order endorsed " For Statutory Fee only " get free proof of posting for the letters.

      nem

      Comment


      • #4
        Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

        Thanks for the response.
        ---
        My reasoning for thinking it might be stat barred is that the last payment that i can recall making would have been in and around mid 2008 (no later than June) and i honestly can't remember ever making a payment or even contacting/responding to Capital One from that point onwards - and I've never spoken/dealt with Cabot ever. I'm not quite sure how it works, but from reading various sites etc that would mean its been over 6 and a half years since I've ever made a payment on the dept or even contacted/responded (acknowledged) the debt with the companies (Capital One/Cabot) regarding it.

        Here's the thing I'm wondering - if it is looking like it is a stat barred debt (from what i work out it should be) should i include a letter stating i believe it is along with the CPR letter i send to the claimant or should i just stick to the CPR letter with them for now and then put the Stats bar as a defence when i put that in to the court?.
        ---
        EDIT.
        Actually having a further look into the credit record the opening balance on the debt is for the full debt amount of £339 (dated 03/04/2008) and not the original credit card limit amount (which was of £150 - perhaps Cabot updated this when they took on the debt?), and I'm 100% completely sure the original credit card wasn't used nor a payment made to pay the debt on it for at least the last 6 months during 2008 (or ever from then up to now) and that i haven't contacted anyone regarding it since that point also.

        So if I'm correct on this (if i could get help confirming this that would be great), if i stopped paying the debt in June 2008 and i never made a single payment after that nor have i acknowledged the debt with Capital One/Cabot from that point - this would mean no payments or acknowledgment for 6 years and 8 months and as such its should be stat barred right?.
        -
        Also if it is in fact stat barred, why would they try to get the CCJ now?, would it be just in case i don't defend it and as such get the CCJ by default?.
        Last edited by ZiggyMoff; 8th February 2015, 05:37:AM. Reason: Added extra info after cheking credit report.

        Comment


        • #5
          Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

          Hi, I'm just in the process of finishing up my CCA and CPR letters (posting them tomorrow) and have a few of questions i am hoping to get answered.
          ---
          1. On the CPR letter although i put the claimants name/address (Cabot) on it, i send it to the Solicitors (Weightmans LLP) address right?

          2. On the CPR letter where i put "To enable me to file my defence and/or counterclaim, I require inspection of the agreement you mention in your statement of case ahead of filing my defence on XX XX 20XX" what date do i put in?, do i put in the last day i have to defend or say 2/3 days before it as it would be the date i would enter my defence?.

          3. On the CCA letter i am sending to Cabot, do i just put the original account number that relates to the Capital One account or do i put the Cabot Reference number? - or do i put both?.

          4. Regarding the Postal Order for £1, i got that earlier today (I have it crossed), i make that out to "Cabot Financial UK Limited" right? - also do i write on the postal order that this £1 is for the CCA fee only or do i write that on the letter? - or do i not put that at all?..

          5. Do i mention in any of these letters that i believe the debt is Stat Barred?, or do i hold that off until i put that in my defence?.

          6. Regarding how to post these 2 letters, i have very limited money (basically a few pounds) and as such i can't really afford to send these recorded, is sending them 1st class and just getting certificates of posting for both enough?, i know with the recorded post i can confirm when they receive the letters - but if i just send them standard 1st class would the certificates of posting be enough if they then claim the letter/letters never arrived?.
          ---
          Sorry for the longish post, its my 1st time dealing with something like this and i want to make sure i do it correctly.

          Cheers for the help provided.

          Comment


          • #6
            Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

            1, Correct
            2, Current date.
            3. All references can be quoted.
            4,Endorse the PO " For Statutory Fee only" payable top Cabot (keep a photocopy of the endorsed PO)
            5,You leave the SM for your witness statement and defence.
            6,1st Class with proof of posting is fine (put your house number and postcode on the back of the envelopes e.g. 10 AB1 CD)

            so if the letters should go astray they can be returned to you.
            BTW have you checked credit files for this Noddle is free online.

            nem

            Comment


            • #7
              Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

              Thanks for that.

              Yeah i have checked on Noodle, it shows as the following for this Cabot debt.
              -
              *Name - My name.
              *Address - My address.
              *Date of birth - My DoB.
              *Account type - Credit Card.
              *Account number - ********3361 0.
              *Account start date - 03/04/2008.
              *Opening balance - £339.
              *Repayment frequency - Monthly.
              *Date of default - 20/04/2009.
              *Default balance - £339.
              -
              The opening balance is not the same as the opening balance i had with CapOne, that was for £200 (or maybe £0 as it was a £200 limit Credit Card): i assume this was changed when Cabot took the debt - the £200 limit was used within a month (during 04/2008) and 2 minimum payments got made towards the balance on the card: 1 was in 05/2008 and the other was in 06/2008.

              I lost my job at the end of 06/2008 and had a drastic drop in income and that's when i buried my head in the sand and stopped paying or responding to anything (so my last payment for the card was in 06/2008) - i have not responded to Cap one since then and i have never EVER contacted Cabot regarding the debt..
              ---
              Edit.
              CCA and CPR letters posted - got a copy of each letter, certificates of posting for each letter and a scan of the postal order.
              Last edited by ZiggyMoff; 10th February 2015, 17:20:PM.

              Comment


              • #8
                Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

                Got a reply from Weightmans LLP today in response to my CPR letter. it states that that the card was incepted on 03/04/2008 and was terminated on the 20/04/2009, it was then passed to Cabot on the 29/03/2011.

                They confirm that today (dated the 12/02/2014) that they've requested a copy of the agreement and that as the client is not the original creditor it may take a period of time for this information to be received and that as soon as it is receive they will send it to me.

                It has no time frame on the letter detailing how long this period will be.
                -
                Do i reply for a timeframe on this as the original (CPR) letter stated 7 days?, also thinking about it i just asked for the agreement, but i think i could have asked for the assignment (as the particulars mention the debt being assigned) - if i do send a letter to ask for a timeframe on this should i also add into that that i want the assignment or is that to late?.

                Comment


                • #9
                  Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

                  Hi, Time Frame for a CCA Request is 12 + 2 Working Days, if the agreement is not provided within that limit the debt is unenforceable until it s produced.
                  CPR 7 days is a guide.

                  nem

                  Comment


                  • #10
                    Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

                    Got a response from Cabot today regarding my CCA request, as expected (after reading other Cabot threads), its a "we anticipate that we will be able to provide this information within 40 days" letter. So i now have a response from both Cabot and the Solicitor, Cabot basically saying "we need 40 days" and the solicitor basically saying "we need a period of time to supply you what you asked for".

                    I know i need to send this Cabot letter to the FCA, but what do i do now regarding the claim? - do i contact Cabot back regarding the CCA letter and do i contact the solicitor back regarding the CPR letter?.
                    ---
                    In regards to the FCA, where do i send it to? (is there an email i can send a scan to?).

                    Thanks.

                    Comment


                    • #11
                      Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

                      Originally posted by ZiggyMoff View Post
                      Got a response from Cabot today regarding my CCA request, as expected (after reading other Cabot threads), its a "we anticipate that we will be able to provide this information within 40 days" letter. So i now have a response from both Cabot and the Solicitor, Cabot basically saying "we need 40 days" and the solicitor basically saying "we need a period of time to supply you what you asked for".
                      Some monkey at Crapbot HQ got the SAR and CCA timescales mixed up when drafting their template letters, it's 40 days for a SAR but just 12 + 2 working days for a CCA request! Silly billies! :rant:

                      Originally posted by ZiggyMoff View Post
                      I know i need to send this Cabot letter to the FCA,
                      Why? :confused2:

                      Originally posted by ZiggyMoff View Post
                      but what do i do now regarding the claim? - do i contact Cabot back regarding the CCA letter and do i contact the solicitor back regarding the CPR letter?
                      No need to contact Cabot about the CCA letter, non compliance with a s.77/79 request can be used in your defence, however, you do need to chase up the CPR request which they should have replied to in 7 days. If they can't supply the documents, ask the solicitors to agree to a 28 day extension which is the maximum allowed under CPR 15.5. :thumb:

                      Comment


                      • #12
                        Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

                        It is not it seems the case that Cabot has got the time scales mixed up, some recent letters explain that Cabot believes that it may take up to 40 days to obtain data from an original creditor and goes on to state that the 12 + 2 Working Days irrelevant and it only means that the debt cannot be enforced once the 12 + 2 days have expired, another version continues that the obligation to pay remains so call us to make an arrangement.

                        nem

                        Comment


                        • #13
                          Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

                          Well I've heard nothing back from Weitghmans regarding my request for an extension, and as the deadline for my defence in tomorrow i am putting my defence together. If someone could look this over and let me know if its OK by the end of the day today that would be a big help.
                          -
                          I think i have all the things i need in it, in that the CCA stuff wasn't supplied, the CPR stuff hasn't been supplied, and the debt is Statuted barred (i am 100% certain of this).

                          Edit.

                          Time ran out for me to wait ( I can't submit the defence tomorrow as I'm away) as such i submitted my defence just now, i made a few adjustments to what was posted earlier (now removed) and below is what i just submitted - i would be greatful if anyone could look over it and tell me it its OK, the only part I'm really unsure of is how i put the statuted barred part of the defence.

                          1: I received the claim XXXXXX from the Northampton County
                          Court on 07/02/2015.

                          2: Each and every allegation in the Claimants statement of case
                          is denied unless specifically admitted in this Defence.

                          3: This claim appears to be for a Credit Card agreement regulated
                          under the Consumer Credit Act 1974.

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

                          5. The particulars of claim fail to state exactly when the
                          agreement was entered into.

                          6. The Claimants statement of case states that the account was
                          assigned from Capital One to Cabot Financial UK Limited. The
                          Defendant does not recall receiving notice of this assignment.

                          7. It is denied that Capital One served any Default notice on the
                          Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant
                          is required to prove that a compliant Default Notice was served
                          upon the Defendant.

                          8: On the 10/02/2015 I sent a request for inspection of documents
                          mentioned in the claimants statement of case under Civil Procedure
                          Rule 31.14 to Weightmans LLP. I requested the Claimant provide
                          copies of the Credit Agreement

                          9. Weightmans LLP has not sent these documents to me.

                          10. On the 10/02/2015 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 s 78 (1) Consumer
                          Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974
                          cannot enforce the agreement.

                          12: It is understood that the alleged debt falls under Section 5
                          of the Statute or Limitations Act 1980, in that I or any person
                          acting on my behalf have not paid any money to the account, nor
                          have I or any person acting on my behalf acknowledged in writing
                          this alleged debt.

                          13: Section 5 of the Statute or Limitations Act 1980 states the
                          time limit for actions founded on simple contract. - An action
                          founded on simple contract shall not be brought after the
                          expiration of six years from the date on which the cause of action
                          accrued. It is my belief that 6 years has now passed since any of
                          the actions required occurred.

                          14: I believe that due to the above (Para 12 and 13) this alleged
                          debt is legally Barred.

                          15. Under Civil Procedure Rule 16.5 (4) Where the claim includes
                          a money claim, a defendant shall be taken to require that any
                          allegation relating to the amount of money claimed be proved
                          unless he expressly admits the allegation. Therefore It is
                          expected that the Claimant be required to prove the allegation
                          that the money is owed as claimed.

                          16. 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.

                          17. 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.

                          18. 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.
                          Last edited by ZiggyMoff; 8th March 2015, 21:52:PM.

                          Comment


                          • #14
                            Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

                            Hi,
                            Yes I think that's good to go!

                            nem

                            Comment


                            • #15
                              Re: Court Claim - Cabot Finacial UK Limited / Capital One - 4-2-2015

                              Got a letter from Weightmans today regarding my defence.
                              -
                              They state they are still waiting on the copies of my statement of account and all previous written acknowledgements of the debt, they also make mention of my claim on the debt being Statute Barred - as expected they are claiming the course of action is based on the claimants default notice date and as such the start of the 6 years is from the 20th April 2009 (the date they issued the default notice).

                              Should i respond to this letter explaining that it isn't from the claimants default date and that it is from my last written acknowledgement of the debt or from my last payment (or 1st missed one)? - also an email address has been supplied on the letter at the top, to save some money and now my defence is in place can i simply email Weightmans and keep copies for the emails instead of sending letters?, i ask as due to being on JSA and having limited income i can't really afford to post out letters.

                              Comment

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                              SHORTCUTS


                              First Steps
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                              Acknowledge Claim
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                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
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                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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