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Drydens (Cabot) vs Minionherder - Capital one

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  • Drydens (Cabot) vs Minionherder - Capital one

    Hi, Claim dated 22nd Dec Received. Acknowledged and CCA + CPR prepared to post in the morning.

    Particulars of claim (Copied exactly)

    Claim number
    Defendant details
    Me Me Me Me
    My Address
    My Address
    My Address
    The Claimants claim is for the sum of
    £402.51 under an agreement regulated by
    the Consumer Credit Act 1974. between the
    defendant and
    Capital One
    account number XXXXXXXXXXXXXXXXXX and assigned
    to the claimant on 28/09/2015, notice of
    which has been provided to the defendant.
    The defendant has failed to make payment in
    accordance with the terms of the agreement
    despite requests for such payment.
    And the Claimant claims the sums of
    £402.51 together with costs.

    No mention of a default which seems odd to me. The account has been in dispute for over 3 years after a failed request for the account agreement and statement under a sections 77−79 request so I doubt old Drydens will be able to find them too.

    I was attempting to claim back charges on the account in 2012 but after they failed to supply the documents I stopped paying it.

    I asked for Agreement, assignment and statement of account to show how that balance was achieved on the CPR request.
    Tags: None

  • #2
    Re: Drydens (Cabot) vs Minionherder - Capital one

    Hi I am in a very similar situation sending CCA and CPR today by registered mail keep me updated on how you are getting on.

    Comment


    • #3
      Re: Drydens (Cabot) vs Minionherder - Capital one

      :bump: for [MENTION=55034]nemesis45[/MENTION]
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Drydens (Cabot) vs Minionherder - Capital one

        Originally posted by Kati View Post
        :bump: for @nemesis45
        Good afternoon Kati responding now.

        Comment


        • #5
          Re: Drydens (Cabot) vs Minionherder - Capital one

          Hi Welcome to LB.

          You are spot on course!

          Have you done a credit file check recently? If not check now there's Noddle which is Free Online.
          The debt is not statute barred unfortunately.

          With this claim it's a wait until the they respond to the CCA request, Cabot may attempt to
          provide a " reconstituted" agreement if the original can't be found.

          I suspect that Cabot's response will be that they need 40 days to supply the agreement, nonsense
          of course 12 +2 Working Days or the debt is rendered unenforceable until the agreement is supplied.

          nem

          Comment


          • #6
            Re: Drydens (Cabot) vs Minionherder - Capital one

            But surely a law abiding honourable debt collector like Cabot would not start court action without the documents? ;-)

            Comment


            • #7
              Re: Drydens (Cabot) vs Minionherder - Capital one

              uummmmmmmmmmmmmmmmmmmmmmmm

              Comment


              • #8
                Re: Drydens (Cabot) vs Minionherder - Capital one

                Originally posted by Minionherder View Post
                But surely a law abiding honourable debt collector like Cabot would not start court action without the documents? ;-)
                As if!!

                I cannot remember ever handling a claim where the agreement was immediately available!

                Carboot's daft 40 days to obtain an agreement is one of the worst delaying tactics possible.

                nem

                Comment


                • #9
                  Re: Drydens (Cabot) vs Minionherder - Capital one

                  Hence known in the past as = Crackpots (Cabots)

                  Comment


                  • #10
                    Re: Drydens (Cabot) vs Minionherder - Capital one

                    So slight problem, just tried to log into MCOL and the log in number I saved is blank. (I saved the printable version of the login card) the card is there but blank where the number is meant to be. I cant log into MCOL to register defense. Any suggeststions? I still have email and password but due to the daft requirement of either MCOL number or the gateway number I cant log it.

                    Can anyone clarify my dates? Claim filed 22nd Dec, I acknowledged 28th. When does my time run out?

                    Comment


                    • #11
                      Re: Drydens (Cabot) vs Minionherder - Capital one

                      Can you file a defense by email?

                      Comment


                      • #12
                        Re: Drydens (Cabot) vs Minionherder - Capital one

                        You are the same dates as me. Defence is due Sunday so you have until 4 pm on Monday 25/01/2016

                        - - - Updated - - -

                        Yes you can email to address on the court claim form.
                        I have posted today and will email on Friday.

                        Comment


                        • #13
                          Re: Drydens (Cabot) vs Minionherder - Capital one

                          Cheers,

                          Putting my defense together now, any links anyone can recommend to a good one? I have had no reply to any letters to drydens or crackbot.

                          Comment


                          • #14
                            Re: Drydens (Cabot) vs Minionherder - Capital one

                            I used one of the defences from the library on this site.
                            I am the same as you Drydens/Cabot have failed to respond to my letters.
                            It just seems like en masses claims filed in the hope that a few will stick.
                            Good luck

                            Comment


                            • #15
                              Re: Drydens (Cabot) vs Minionherder - Capital one

                              Originally posted by Minionherder View Post
                              Cheers,

                              Putting my defense together now, any links anyone can recommend to a good one? I have had no reply to any letters to drydens or crackbot.
                              http://www.legalbeagles.info/forums/...t-Court-Claims xxx
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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