I have received a court claim from Restons on behalf of Cabot for a Capital One card ,can you tell me how I request CPR31.14 is there a template letter I can use? I have already sent the request for CCA. Many thanks
Alilow - Cabot/Restons court claim
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Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015
I requested a copy of original contract from Restons and have received this reply " Your request is returned to you because, we are not the creditor, we are a firm of solicitors. In any event, there is no longer an "agreement" as this was terminated when you failed to comply with the terms of the Default Notice.". Can anyone advise me what to do next. Many thanks
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Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015
: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.
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Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015
Originally posted by alilow View PostI requested a copy of original contract from Restons and have received this reply " Your request is returned to you because, we are not the creditor, we are a firm of solicitors. In any event, there is no longer an "agreement" as this was terminated when you failed to comply with the terms of the Default Notice.". Can anyone advise me what to do next. Many thanks
Do you have a thread open already on this subject?
CCA Request go to the claimant, so you will need to send it again to Cabot.
nem
[MENTION=49370]Kati[/MENTION] please can you start a new thread for Alilow if there is not one already open
Thanks nem
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Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015
Originally posted by alilow View PostI have received a court claim from Restons on behalf of Cabot for a Capital One card ,can you tell me how I request CPR31.14 is there a template letter I can use? I have already sent the request for CCA. Many thanks
[MENTION=77949]alilow[/MENTION] ... it would be great if you can keep to this thread (where you'll get advice tailored to your issue) xxDebt 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
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Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 22-12-2015
Cabots received my CCA request on 8/1/16 but I have not had a reply from them. I received a letter from Restons today saying "The Court has served us with a copy of the Defence you filed whereby you state you require more time to compile your defence as you have no previous knowledge of this claim.However at the time of entering into the credit agreement with capital one you would have been provided with a copy of the credit agreement together with the applicable terms and conditions. Furthermore capital one would have sent statements of account to you on a monthly basis throughout the lifetime of the credit card facility. Such statements would have identified any items of expenditure, payments made towards the account and the application of contractual interest/charges."
I would be grateful for your advise as to what my next action should be
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
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