Court Claim - Cabot Financial (UK) Ltd / Bank of Scotland Aqua Card - 26-10-2015

[Moon]

Court Claim - Cabot Financial (UK) Ltd / Bank of Scotland Aqua Card - 26-10-2015

Received a claim? Yes
Issue Date: 26-10-2015
Amount approx: 1000
Claimant: Cabot Financial (UK) Ltd
Solicitor: Restons
Original Credit: Bank of Scotland Aqua Card

Particulars of Claim:
The Claimant claims payment of an overdue balance from the Defendant(s) under a contract between the Defendant(s) and Bank of Scotland (Aqua Card) dated on or about Jan 28 2008 and assigned to the Claimant on Mar 18 2011.

Stat Barred? Yes

Have sent:

Other Info:
I am searching for paperwork but do believe this to be statute barred.

[Amethyst]

Re: Court Claim - Cabot / Bank of Scotland Aqua Card - 26-10-2015

Hi Moon, is this the one you mentioned earlier? so I can merge threads... you think your last payment /acknowledgement was before October 2009 ?

[Moon]

Re: Court Claim - Cabot / Bank of Scotland Aqua Card - 26-10-2015

I had a CCJ many years ago. The form was filled out by me with the help of CAB. They did it all wrong. I got the CCJ because they told me to admit I owe it. I paid it off within the time limit but still got a CCJ and spent all of the 6 years trying to get it repealed. So, although I know about CCA, CA and SAR, I am not so hot on CCJ stuff and really would appreciate the help with this. Thank you.

- - - Updated - - -

Hi Moon, is this the one you mentioned earlier? so I can merge threads... you think your last payment /acknowledgement was before October 2009 ?

Yes please do - I just wanted to do you the form.

Yes I think it possibly was before Oct 2009.

[Moon]

Re: Court Claim - Cabot Financial (UK) Ltd / Bank of Scotland Aqua Card - 26-10-2015

I now I have to acknowledge the claim. I am sorry but my illness means I am not always able to work things out myself so I may ask very stupid questions and seem like I need my hand held at times. Sorry in advance.

So what do I need to say when acknowledging the claim? Will the money claim website problems affect me doing this?

I have copied and written up the CCA request and the CPR? request.

How can I get either Cabot or Restons to supply me with a statement of account to see when the last payment to Aqua was please?

[Amethyst]

Re: Court Claim - Cabot Financial (UK) Ltd / Bank of Scotland Aqua Card - 26-10-2015

Hi Moon

We don't mind a bit of handholding xx No question is stupid, sometimes it might take a little bit for someone to come back to you and feel free to bump or report your post if its been more than a couple hours okay ( or a bit longer at weekends) xxx

Okay to acknowledge the claim you should be able to log in to MCOL and click the ' intend to defend in full' box - there's no need to enter any other information or defence details at this time. There is a bit of help with MCOL on here http://www.legalbeagles.info/forums/...it-Court-Claim and yes sometimes it can be a bit tempremental. If you can't get it to work then with your claim form you received you should have a claim pack, with an Acknowledgment of Service form. You can send that back to the Northamtpon County Court Business Centre. Same deal, just ticking the intend to defend in full box.

Good you've got the CCA and CPR requests cracked, the CCA goes to Cabot (with a £1 postal order/cheque) and the CPR will go to Restons.

You'll likely get a letter back from Restons saying they have no requirement to send anything to you and you should check your own records - don't worry this is perfectly standard and can be used later when you do a defence.

So your defence is otherwise that the debt is statute barred. Theonus of proof is on the claimant to show it is not, so in that case you can add in a paragraph to the CPR letter to Restons. Something like ' It is my belief that the alleged debt is statute barred by virtue of section 5 of the Limitations Act 1980 and intend defending on that basis. I have had no contact with anyone about this debt for at least 6 years. If you dispute this then please also send a copy of statement detailing the last payment (if any) or last acknowledgement of this account.'


ooo also just checking what you have asked for in your CPR request - their particulars of claim is rather dire...

The Claimant claims payment of an overdue balance from the Defendant(s) under a contract between the Defendant(s) and Bank of Scotland (Aqua Card) dated on or about Jan 28 2008 and assigned to the Claimant on Mar 18 2011.

which really means you can ask for ' the contract dated on or about Jan 28 2008 ' and possibly ' notice of assignment' ( although that's a bit flimsey )

Sharon
xx

[Moon]

Re: Court Claim - Cabot Financial (UK) Ltd / Bank of Scotland Aqua Card - 26-10-2015

Thank you. The AOS has been logged with the court online.

I will add that bit to the CPR. I will send these both recorded tomorrow when I go to town.

[Kati]

Re: Court Claim - Cabot Financial (UK) Ltd / Bank of Scotland Aqua Card - 26-10-2015

I've merged your threads [MENTION=73906]Moon[/MENTION] (Ame's been busy ) ... you'll get lots of advice from the Beagles tho' :nod: xx

[Moon]

Re: Court Claim - Cabot Financial (UK) Ltd / Bank of Scotland Aqua Card - 26-10-2015

Thank you. I have joined the VIP and emailed Amethyst.