Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

[kittykins]

Received a claim? Yes
Issue Date: 22-12-2015
Amount approx: 3769.14
Claimant: Cabot Financial (UK) Limited
Solicitor: Restons Solicitors Limited
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(s) and Capital One dated on or about Nov 06 2000 and assigned to the Claimant.

Stat Barred? No

Have sent:

Other Info:
I had received letters from Fredrickson International and fpc around November 2014 advising that they were acting for Capital One. I tried to set up a repayment plan online at fredpay.com but nothing ever came of that (i cant remember the reason why sorry). On 19th October 2015 I was sent a letter from Capital One advising that they had sold my account to the Cabot Credit Mangagment Group on 24/09/2015. On 19/10/2015 I was also sent a letter from Cabot Financial with the heading 'ASIGNEMNET OF YOUR ACCOUNT TO THE CABOT CREIDT MANAGEMENT GROUP'. I received a letter from Restons Solicitors on 4 December 2014 saying that they had been instructed by Cabot to seek payment from me. Unfortunately, i had my head well and truly buried in the sand and now I have been issued with the claim. Please, is there anything i can do to prevent a CCJ being entered against me? Many thanks in advance

[dogtired]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Bump for [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Thanks for the nudge [MENTION=4698]dogtired[/MENTION]

nem

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hello Kittykins,

Have you acknowledged service of the claim? If not you can do so at Money Claim Online (MCOL)
state intention to defend but do not enter a defence at this stage.
Next you need to send a CCA Request to Cabot for a copy of the agreement relevant to the alleged debt.
There is a £1 statutory fee to pay use a Postal order endorsed " For Statutory Fee Only" Cabot has 12 +2
working days to comply, there's a template in the forum library for this. Use signed for post.

Then a request made under CPR31.14 for all the documents mentioned in the statement of claim.#
From what you have posted this is only the Contract and the Notice of Assignment. (No Fee for this).
Template in the forum library for this. Use signed for post and send to Restons.

Please clarify:

When did payments cease?
When was the account defaulted?
Is there any reason other than unaffordability
for why payments ceased.
If you need me just tag [MENTION=55034]nemesis45[/MENTION] and I'll pick
it up asap.

nem

[kittykins]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi Nemesis, thank you for your response.
I have not yet acknowledged the service of the claim. I will do that now on MCOL and state that i intend to defend the claim.
I will get a postal order tomorrow for £1 and send it to Cabot with the CCA request, thanks for letting me know where to locate this.

Do i need to send a cheque to Restons for anything when i am making my request under CPR31.14?
In response to your questions:
I ceased payment from June 2014 (last payment to Capital One was approx 25 June 2014).
I am unsure when the account defaulted...is there a way i can find this out?
The only reason i stopped paying is because i could no longer afford it. My partner is self employed and has been for approx 28 years. It has never been a problem before but recession has hit hard and we had to prioritise our bills unfortunately.
Many thanks for your help, i will let you know as soon as i hear back from either the court, Cabot or Restons. Kit

[kittykins]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION], further to previous information that i have given, it also shows the following on the particulars:
PARTICULARS a/c no (gives my acc no)
DATE ITEM VALUE
03/12/2015 Default balance (states how much i owe)
Post Refrl Cr Nil
Any idea what this means?
Apologies for my earlier question asking if i need to pay for info under CPR31.14 as you had already told me that there is no fee for this.
Finally, sorry for being a bit dense, i have used template letters from the library to send to both Cabot and Restons, but what do you mean when you say 'use signed for post'
Many thanks, Kit

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi @nemesis45, further to previous information that i have given, it also shows the following on the particulars:
PARTICULARS a/c no (gives my acc no)
DATE ITEM VALUE
03/12/2015 Default balance (states how much i owe)
Post Refrl Cr Nil
Any idea what this means?
Apologies for my earlier question asking if i need to pay for info under CPR31.14 as you had already told me that there is no fee for this.
Finally, sorry for being a bit dense, i have used template letters from the library to send to both Cabot and Restons, but what do you mean when you say 'use signed for post'
Many thanks, Kit

Hi Kit,

Signed for Royal Mail Post recipient has to sign for the letter, you get a receipt with a tracking number at the post office.
Post referral charges, charges levied after the debt was sold.

nem

[kittykins]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION], happy new year to you.
Just a quick update on what I have done so far.
I acknowledged the claim online stating I intend to defend.
I have sent a CCA to Cabot with the £1 statutory fee postal order - this was signed for on 31st December 2015.
I also sent a CPR31.14 request to Restons Solicitors asking for a copy of the contract and notice of assignment. This too was signed for on 31st December 2015. I think I have made a mistake on the letter to them as I told them I would be filing my defence on 24th January 2015, but if the issue date of the claim was 22nd December 2015 does that mean I have to put in a defence by 19th January 2015?
Please can you advise what I need to do next?
Many thanks in advance, Kit

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi @nemesis45, happy new year to you.
Just a quick update on what I have done so far.
I acknowledged the claim online stating I intend to defend.
I have sent a CCA to Cabot with the £1 statutory fee postal order - this was signed for on 31st December 2015.
I also sent a CPR31.14 request to Restons Solicitors asking for a copy of the contract and notice of assignment. This too was signed for on 31st December 2015. I think I have made a mistake on the letter to them as I told them I would be filing my defence on 24th January 2015, but if the issue date of the claim was 22nd December 2015 does that mean I have to put in a defence by 19th January 2015?
Please can you advise what I need to do next?
Many thanks in advance, Kit

Hello Kit. Happy New Year!!

Don't worry about the dates on CPR 31.14 request as long as you
get your defence in on time.
Restons is likely to decline the CPR request on the grounds that the claim will be allocated to the small claims track.

The CCA request if not complied with, within the 12 + 2 Working Days timescale renders the debt unenforceable Until
the agreement is provided.

Start having a look round the other threads with defences so you get an idea of content and format it will
help when making a draft defence.

nem

[kittykins]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION], thanks for your help so far.
I have received a letter today from Restons which writes... "please find enclosed a draft letter which puports 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 reciept nor provide any response."
I did send them a letter and typed out my full name. I didn't want to sign the letter as i had heard they could try and scan my signature to an Agreement and say i have signed it...am i just being too careful?
Please help as i dont know what to do and am mindful that the day for sending my defence is drawing near. Thanks once again for your help.

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi @nemesis45, thanks for your help so far.
I have received a letter today from Restons which writes... "please find enclosed a draft letter which puports 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 reciept nor provide any response."
I did send them a letter and typed out my full name. I didn't want to sign the letter as i had heard they could try and scan my signature to an Agreement and say i have signed it...am i just being too careful?
Please help as i dont know what to do and am mindful that the day for sending my defence is drawing near. Thanks once again for your help.

Hello Kitty,
The signature "lifting" is just an urban myth, I didn't realise it was still being put around..

The Data Controller of any organisation is right to question if the information requested is
going to the right person.
Just sign and return.

nem

[kittykins]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Thanks Nem,
Sorry for bombarding you with questions. should i ask them for extra time to prepare the defence based on that they have not provided me with the info i have requested? Kit

[kittykins]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION].
Just to update you, i have returned the signed letters to Restons and have prepared my defence, which i believe has to be submitted on 19th January 2016. Would you mind looking over it and advising if i need to change it at all please - starting to get really worried now.

1: I received the claim ................. from the County Court Business Centre 27^th December 2015.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim is 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 Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Limited but does not state when it was assigned. 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 29^th December 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Contract and Notice of Assignment .
9. I received a letter from Restons Solicitor on 13 January 2016 advising that they will not send the documents to me until I sign the original letter that I sent to them.
10. On 14^th January 2016 I returned the signed letters to Restons Solicitors.
11. On the 29^th December 2015 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
13. 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.
14. 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.
15. 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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed …………………………………………
I really do appreciate the help you have given so far. Thanks again, Kit

[kittykins]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION] did you manage to have a look at the defence for me? it has to be submitted by tomorrow and im really starting to panic now. sorry for badgering you but im desperate. or can anyone else advise in Nem's absence please? thanks. Kit

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015

Hi @nemesis45.
Just to update you, i have returned the signed letters to Restons and have prepared my defence, which i believe has to be submitted on 19th January 2016. Would you mind looking over it and advising if i need to change it at all please - starting to get really worried now.

Claim No. .................................................. .:

Between:

Cabot Financial (UK) Ltd.

and

Your name:............................................D efendant

of Your address

1: I received the claim ................. from the County Court Business Centre 27^th December 2015.

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

3: This claim is 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 Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Limited but does not state when it was assigned. 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 29^th December 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Contract and Notice of Assignment .

9. I received a letter from Restons Solicitor on 13 January 2016 advising that they will not send the documents to me until I sign the original letter that I sent to them.

10. On 14^th January 2016 I returned the signed letters to Restons Solicitors.

11. On the 29^th December 2015 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13. 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.

14. 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.

15. 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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true, to
the best of my knowledge and belief.

Signed ………………………………………… Dated ......................................Defendant.


I really do appreciate the help you have given so far. Thanks again, Kit

Hello Kit.

That's fine just added a header and tweeked the statement of truth.

nem