Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

[Desperate1]

Received a claim? Yes
Issue Date: 22-12-2015
Amount approx: 500.00
Claimant: CABOT FINANCIAL (UK) LIMITED
Solicitor: DRYDENS LIMITED
Original Credit: CAPITAL ONE

Particulars of Claim:
THE CLAIMANT'S CLAIM IS FOR THE SUM OF 500.00 UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974, BETWEEN THE DEFENDANT AND CAPITAL ONE. ACCOUNT NUMBER XXXX 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 CLAIMENT CLAIMS THE SUMS OF 500.00

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
NO PAYMENTS MADE FOR 6 YEARS BY ME OR AKNOWLEDGEMENT OF THIS DEBT. RECEIVED CLAIM FORM ON 23/12/15, I HAVE ACKNOWLEDGED THE CLAIM, WHAT ARE MY NEXT STEPS, ANY HELP WOULD BE VERY MUCH APPRECIATED.

[dogtired]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

[MENTION=42011]Nem[/MENTION]asis45 please advise.

[Stu]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Nem will be along soon and will give you great advice but in the mean time my advice is dont worry or panic unlike I did you have time 28 days to get your CCA & CPR letter sent and which to file your defence, but IF as you say it is statute barred then that is a winner from the start

[MIKE770]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Nem will be back on later in the day

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Good morning, responding to DT's tag.

Ok. Acknowledged Claim, good!

Now a request to Cabot Financial UK Ltd., for a copy of the agreement relevant the alleged debt. (CCA Request) there is a £1 statutory fee to pay, use a Postal Order endorsed
* For Statutory Fee Only! made payable to Cabot Financial UK Ltd. Cabot has 12 + 2 Working Days to comply. There's a template in the forum library. send by signed for post.

Next: A request to Drydens, Under Civil Procedure Rule 31.14 (no fee) this is for the documents mentioned in the statement of claim. In this case the agreement and Notice of Assignment only. Template in forum library, There is a 7 day time scale for response. send by signed for post.

For clarification on the Statute Barred status of the debt.

When was the last payment made?
Is this account showing on your credit files? You can check Noddle Free Online.
I would help if we knew when a default was registered on the agencies.

ben

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi guys thank you for the help so far on this. [MENTION=55034]nemesis45[/MENTION] I am just doing the CCA Request to Cabot also the request to Drydens.
I cant find any payments within the last 6 years and I definitely have not acknowledged this.
Capital one is not showing on my credit file. Cabot financial uk ltd is showing on my credit file. It is showing as Account started 04/03/2009 , Default Date 19/03/2011.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi guys thank you for the help so far on this. @nemesis45 I am just doing the CCA Request to Cabot also the request to Drydens.
I cant find any payments within the last 6 years and I definitely have not acknowledged this.
Capital one is not showing on my credit file. Cabot financial uk ltd is showing on my credit file. It is showing as Account started 04/03/2009 , Default Date 19/03/2011.

Sorry I haven't been able to reply earlier, busy day!!

Can you check your dates on start of account and default date these do not equate to the debt being statute barred.
The default date March 19 2011 indicates SB status would not apply until approx. March 2017 in England.
In Scotland March 2016.??
Or are you saying no payment has ever been made to the account since 04/03/2009?

nem

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi thanks for the reply, yes those dates are correct which would indicate not been SB. Although I can't find any payments within last 6 years but I'm only 99.9% certain on this. Still though I have done the requests to the claimant and claimants representatives. I guess I will have to wait a response on these.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi thanks for the reply, yes those dates are correct which would indicate not been SB. Although I can't find any payments within last 6 years but I'm only 99.9% certain on this. Still though I have done the requests to the claimant and claimants representatives. I guess I will have to wait a response on these.

Would you have setup a standing order to pay the monthly instalments? Or were you paying online using a debit card?
It would mean you had never made a payment from day 1 an I can't Capone waiting 2 years to default the account.

Have you changed banks?

Suggestion phone Capital One on Monday as ask for the details there is no reason for them to decline to help.

nem

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

When I was making payments they were by way of debit card online. And yes I have changed banks within last 6 - 8 years. I don't have any statements for that old account. I have got lots of different little debts showing up on my credit file all totalling just over £6,500. Most of them seem to have approx 2-3 years before they become SB. I just got into a mess with all these when I lost my job some years back. Probably need to deal with this court claim then I need to asses where I am at over all, it causes so much stress. I've been taking medication for many years because of all this mess. But as you point out [MENTION=55034]nemesis45[/MENTION], phoning capital one on Monday to request some further information perhaps of the date of my last payment would certainly help.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

When I was making payments they were by way of debit card online. And yes I have changed banks within last 6 - 8 years. I don't have any statements for that old account. I have got lots of different little debts showing up on my credit file all totalling just over £6,500. Most of them seem to have approx 2-3 years before they become SB. I just got into a mess with all these when I lost my job some years back. Probably need to deal with this court claim then I need to asses where I am at over all, it causes so much stress. I've been taking medication for many years because of all this mess. But as you point out @nemesis45, phoning capital one on Monday to request some further information perhaps of the date of my last payment would certainly help.

Ok Desperate, Happy New Year!

nem

- - - Updated - - -

When I was making payments they were by way of debit card online. And yes I have changed banks within last 6 - 8 years. I don't have any statements for that old account. I have got lots of different little debts showing up on my credit file all totalling just over £6,500. Most of them seem to have approx 2-3 years before they become SB. I just got into a mess with all these when I lost my job some years back. Probably need to deal with this court claim then I need to asses where I am at over all, it causes so much stress. I've been taking medication for many years because of all this mess. But as you point out @nemesis45, phoning capital one on Monday to request some further information perhaps of the date of my last payment would certainly help.

Ok Desperate, Happy New Year!

nem

- - - Updated - - -

When I was making payments they were by way of debit card online. And yes I have changed banks within last 6 - 8 years. I don't have any statements for that old account. I have got lots of different little debts showing up on my credit file all totalling just over £6,500. Most of them seem to have approx 2-3 years before they become SB. I just got into a mess with all these when I lost my job some years back. Probably need to deal with this court claim then I need to asses where I am at over all, it causes so much stress. I've been taking medication for many years because of all this mess. But as you point out @nemesis45, phoning capital one on Monday to request some further information perhaps of the date of my last payment would certainly help.

Ok Desperate, Happy New Year!

nem

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

and Happy New year to you as well, thanks for the help I really appreciate it.

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

[MENTION=55034]nemesis45[/MENTION] hi good afternoon, capital one saying last payment was 20/10/2010.

[Desperate1]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi guys [MENTION=55034]nemesis45[/MENTION] any further help on this would be much appreciated. Since sending my requests for information, I have had no response back from anyone, what would next steps be.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LIMITED / CAPITAL ONE - 22-12-2015

Hi guys @nemesis45 any further help on this would be much appreciated. Since sending my requests for information, I have had no response back from anyone, what would next steps be.

No response to CCA Request, don't chase: Non Compliance renders the debt unenforceable Until the agreement is produced.

Chase the CPR 31.14 request, there's a template in the forum library.

nem