HELP! Received CCJ claim form from Cabot for old Capital One debt

[Maxim]

Hi everyone,

This is my first time posting here.

I have just received a CCJ claim form for old Cap one debt (£2700) which defaulted in 2006 and is not on my credit record. I have not acknowledged debt since 2007 and it is statute barred.

I have acknowledged I will defend debt in full on MCOL and have sent CCA to Cabot and CPR to Mortimer Clarke. What do I do next?

Thank you in advance

[Kati]

Re: HELP! Received CCJ claim form from Cabot for old Capital One debt

Hi Maxim, welcome to LB I've moved your thread to the correct section of the forum

These are your first steps when defending a court claim

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

Would you be able to type up the particulars of claim from the court document you've received? It would enable the knowledgeable Beagles to advise you better

[FlamingParrot]

Re: HELP! Received CCJ claim form from Cabot for old Capital One debt

Hi everyone,

This is my first time posting here.

I have just received a CCJ claim form for old Cap one debt (£2700) which defaulted in 2006 and is not on my credit record. I have not acknowledged debt since 2007 and it is statute barred.

I have acknowledged I will defend debt in full on MCOL and have sent CCA to Cabot and CPR to Mortimer Clarke. What do I do next?

Thank you in advance

You seem to have got it all under control. You have up to 33 days from date printed on claim to file a defence.

If you look around the forums you'll find lots of similar claims, they never send the documents requested. Cabot will probably respond saying it will take them 40 days to respond, which shouldn't be taken seriously as you haven't got that long. Mortimer Clarke are agreeable to extending the period for filing a defence, however, if you are sure it's SBd you could submit a generic defence based around them not sending you anything plus the debt being SBd anyway when your deadline approaches.

Keep an eye on the calendar, they should reply to the CPR request in 7 days, they never do but you need to chase that one. Don't chase Cabot for the CCA request as non compliance can be used in your defence as well. :thumb:

[Maxim]

Re: HELP! Received CCJ claim form from Cabot for old Capital One debt

You seem to have got it all under control. You have up to 33 days from date printed on claim to file a defence.

If you look around the forums you'll find lots of similar claims, they never send the documents requested. Cabot will probably respond saying it will take them 40 days to respond, which shouldn't be taken seriously as you haven't got that long. Mortimer Clarke are agreeable to extending the period for filing a defence, however, if you are sure it's SBd you could submit a generic defence based around them not sending you anything plus the debt being SBd anyway when your deadline approaches.

Keep an eye on the calendar, they should reply to the CPR request in 7 days, they never do but you need to chase that one. Don't chase Cabot for the CCA request as non compliance can be used in your defence as well. :thumb:

Thank you very much Flaming Parrot for your help. I have checked my credit record and the debt is not on there as it defaulted in 2006 and I have not acknowledged the debt in well over 7 years.. You mentioned that I could submit a generic defence focusing on the statute barred debt, is there a template on this site so I know how to word my defence?

Thank you in advance

[FlamingParrot]

Re: HELP! Received CCJ claim form from Cabot for old Capital One debt

Thank you very much Flaming Parrot for your help. I have checked my credit record and the debt is not on there as it defaulted in 2006 and I have not acknowledged the debt in well over 7 years.. You mentioned that I could submit a generic defence focusing on the statute barred debt, is there a template on this site so I know how to word my defence?

Thank you in advance

You'll find an example defence that combines the arguments over documents not supplied with the fact that the debt is SBd here: http://www.legalbeagles.info/forums/...011#post494011

[Maxim]

Re: HELP! Received CCJ claim form from Cabot for old Capital One debt

Hi Kati,

Was it necessary to actually sign the CCA and CPR letter I posted as I just typed my name?

Thank you in advance.

[Kati]

Re: HELP! Received CCJ claim form from Cabot for old Capital One debt

They might return them as you haven't signed ... if they do you could always send them back after signing using an anti tamper strip

[Maxim]

Re: HELP! Received CCJ claim form from Cabot for old Capital One debt

They might return them as you haven't signed ... if they do you could always send them back after signing using an anti tamper strip

Sorry Kati if I am asking a really stupid question but as I can't copy this image can you email me a link to the image so I can cut and paste in on my letter or do I have to buy them, if so where do I get them from.

Thank you in advance

[Kati]

Re: HELP! Received CCJ claim form from Cabot for old Capital One debt

Sorry Kati if I am asking a really stupid question but as I can't copy this image can you email me a link to the image so I can cut and paste in on my letter or do I have to buy them, if so where do I get them from.

Thank you in advance

Have you tried right click and saving the image? ... I'll dig out a link tho x

- - - Updated - - -

try this - http://legalbeagles.info/wp-content/uploads/antitampersignaturestrip.jpg

[nemesis45]

Re: HELP! Received CCJ claim form from Cabot for old Capital One debt

Hello Maxim,

If you are totally sure of you debt being statute barred then you can probably get
Cabot to withdraw the claim quite quickly by writing to Mortimer Clark along
the following lines ( this has proved successful many times in the past and as recently
as last week.

Sir/ Madam,

I refer to County Court Claim No. xxxxxxxxxxxxxxxxxxxxx, Mortimer Clarke has issued on be half of Cabot Financial, I do not accept any liability for the alleged debt for the following reason (s).
The alleged debt is Statute Barred under the Provisions of section 5 of the Limitations Act 1980, no payment or unequivocal written acknowledgment of the alleged has been made in the relevant 6 year period up to the date this claim was issued, no payment or offer of payment will be made now or in the future.

I would suggest that given this information that Mortimer Clark refers to its client and advise them to withdraw the claim in the interest of saving costs and court time.

I now expect Mortimer Clark and/or its client Cabot Financial to confirm the status of the alleged debt in writing within 7 working days from the date hereon.

Use signed for post check the delivery date.

Still carry on with all the preparations for defence as normal.

nem