Attempted Ccj Cabots (UK) for capital one

[Strawberrycreme]

Hi

I was wondering if anyone could help me in regards to a ccj form I received on Christmas eve.

The form has come from Northampton bulk centre and is dated 22/12/2015.


Firstly, I've acknowledged the claim on 24/12/2015, but intend to defend fully.
The alleged debt is from capital one, this debt is 100% statue barred.

The particulars of claim are

Defendants name xxxxxxxxxx and address xxxxxx the claimants claim is for the sum of £xxx.xx under an agreement regulated by the consumer credit act 1974. Between the defendant and capital one account number xxxxxxxxxxxx and assigned to the claimant on 20/09/2015, notice of which has been porovifded to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement despite requests four such payment. And the claimant claims the sum of £xxx.xx together with costs.

I have done some research and noticed Cabot are not registered, hence making such claim illegal.

Now do I send a cpr 31.14 request to their solicitors Dryden's ? Or base my defense on the fact that they are not registered, and the debt is statue barred. ?

Many thanks for any help

[Amethyst]

Re: Attempted Ccj Cabots (UK) for capital one

Hi,

I have moved your thread to the court claim forum. You have already acknowledged the claim with intend to defence so therefore I would get a CCA request sent off to Cabot and a CPR request off to Drydens - add in the top of the CPR request letter that the debt is statute barred ( section 5 Limitations Act 1980 ) - example links http://www.legalbeagles.info/forums/...it-Court-Claim

The CPR request can ask for the agreement, the notice of assignment, terms of the agreement.

I'd leave the regulation issue out of it, personally, as I don't think it assists you.

Sharon
xx

[Strawberrycreme]

Re: Attempted Ccj Cabots (UK) for capital one

Excellence thank you for your help. I have put in the top CPR 31.14 request and underneath that statute barred debt ( section 5 limitations Act 1980) hoping to send both letters tomorrow.

Thanks again its much appreciated

[Amethyst]

Re: Attempted Ccj Cabots (UK) for capital one

Meant to say, I hope it didn't upset your Christmas at all, great timing!. Gits.

Cabot will likely reply say they will ask the original creditor for the cca and will take 40 days. Drydens will likely reply they don't need to reply as it's small claims. The CCA may well show up as a reconstruction - really depends how long ago you opened the account.

Remember you still need to put in a defence by your deadline ( 28 days from service ) xxn There's a Defence example linked at the top of this page ( in the green box) and you'll want to add in that about statute barred status of the debt.

Has this debt already fallen off your credit file, and you've had no contact with anyone for over 6 years ?

[Strawberrycreme]

Re: Attempted Ccj Cabots (UK) for capital one

To be honest I think that why they send them at Christmas, in the hope that they ruin it and the hope that I forget about it, unlucky for them it gave me more determination to defend it.

I'm a bit more clued up with CCJ's since I got stitched up for one that wasn't my debt, and have done research now.

Thanks for the heads up about their responses, the Capital one was from as far back as 2006? Maybe ? I honestly can't remember it to be honest, I had a rough period around that time, usual areas of issues, where I was made redundant, moved etc, I'll have a look at the defense article too, always good to have some knowledge of what to write, and how to word it. I haven't checked my credit file for years to be honest with you, think a little bit of fear is included in that, all I know is that I have no credit at all, at this moment and haven't for over six years, since sorting my finances out.

I hope you had a good Christmas too and thank you for taking the time to help me xx