Court Claim - Cabot Financial UK / Capital One - 6-3-2015

[tom-p]

Received a claim? Yes
Issue Date: 6-3-2015
Amount approx: 764.99
Claimant: Cabot Financial UK
Solicitor: Restons Solicitors
Original Credit: Capital One

Particulars of Claim:
The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant and capital one dated on or about May 12 2008 and assigned to the claimant on Mar 29 2011.

Particulars a/c no xxxxxxxxxx

Date Item Value
09/02/2015 Default Balance 764.99
Post Refrl Cr NIL

Total 764.99

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:


- - - Updated - - -

Response 1 from Restons - April 9th 2015

Please find attached a draft letter which purports to come from you but which is unsigned.

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

Please ensure that all documentation is signed, failing which we will not acknowledge receipt nor provide any response

[tom-p]

Re: Court Claim - Cabot Financial UK / Capital One - 6-3-2015

Response 2 from Restons - April 24th 2015

We refer to the above matter and note that you have filed a defence to the court proceedings disputing your full liability towards the debt on the basis that the claimant has failed to provide a copy of the documents mentioned in the particulars of claim.

We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of the Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction"

We would also remind you that CPR 31.14 states:

"A party may inspect a document mentioned in -

a) a statement of case;
b) a witness statement;
c) a witness summary; or
d) an affidavit

You would have been provided with a copy of the contractual terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

Furthermore, the other documents you have requested are not "mentioned" in the particulars of claim and therefore CPR 31.14 (1) does not apply.

The particulars of claim contains sufficient information in order for you to understand what the claim relates to, namely:

a) the date the account was opened
b) the account number
c) the name of the original creditor; and
d) the fact that the account has been assigned to the claimant and when it was assigned

In any event we can confirm the balance related to a Capital One credit care facility issued to you on or around 12th May 2008. in line with the terms and conditions governing the credit card facility capital one assigned its rights and benefits under the account to cabot financial UK limited on or around 29th March 2011.

In light of the above we would be grateful if you could confirm whether you are willing to withdraw your defence. To do so please complete the enclosed form N9A and return it to our office by a date no later than 08 May 2015. If we fail to receive a reply we may be instructed to make an application to strike out the defence/for summary judgement and seek an order that you pay the claimant's costs in association with that application.

Our client is keen to resolve this matter amicably and therefore may be willing to consider and settlement proposals you may have. If this is of interest to you please put forward your settlement proposals.

We look forward to hearing from you

[tom-p]

Re: Court Claim - Cabot Financial UK / Capital One - 6-3-2015

Where do I go from here?

How do I respond to the above response from Restons?

Thanks