Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

[jcoxell]

Received a claim? Yes
Issue Date: 7-1-2016
Amount approx: 339.65
Claimant: Cabot Financial ltd
Solicitor: Mortimer Clarke
Original Credit: Capital One

Particulars of Claim:
Agreement between Capital One and myself on or around 11th April 2008.

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I had a credit card with Capital One around Aprill 2008 and stopped making payments. I don't remember when or how or how much was outstanding at the time my partner had an accident which led to him losing his job eventually, my daughter was out of work and times were hard.

[matt5595]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

did you sign the cpr31.14 request I didnt and just printed my name and got a letter back saying they wont discolose any documents until its signed

[Stu]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Nothing much more to do just yet jcoxell!! Wait to here from the solicitors regards CPR and see what Cabot do about the CCA ...

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

did you sign the cpr31.14 request I didnt and just printed my name and got a letter back saying they wont discolose any documents until its signed

No I didn't but haven't posted it as yet have to wait for post office to open, thanks will sign it now!

[nemesis45]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Good morning. welcome to LB,

OK preliminaries completed.

To enable us to help we need some history such as:

1. The date of the last payment or written acknowledgment of the debt.

2. The date the account was defaulted.

3. Does this account show on your credit reference files? If you haven't checked use Noddle Free Online.

4. Please post a copy of the NI claim form after removing your name/address/the claim No. or type
in the full statement of claim verbatim.

nem

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi thanks for your help, I have just enrolled with Noddle, great site! Ok...
1. I don't know the last time I payed the debt, I really have no recollection and I never wrote any acknowledgement of the debt.
2. The Noddle report shows that the date defaulted with Cabot was 24/06/12
3. The debt with Cabot shows on the credit reference yes.
4.See attachment, hope this is ok?

- - - Updated - - -

I did also wonder if I should request a copy of any termination with Capital One as it states the account was terminated but I have no idea whn?

[nemesis45]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Ok, Thank you!
Payments have been made in terms of Limitation Act provisions fairly recently, probably
in the first 6 months of 2012 does that sound right?

CPR 31.14.

Relevant documents here are:

1. The agreement.

2. Notice of assignment.

3. Termination Notice.

It looks so far that the agreement is the only matter that might be challenged,
or may not be available.

It would be wise I think to ask the solicitors to agree to a 28 days extension to file your defence.
If you are sending a new CPR request adding the termination notice send the extension requesr
with it.

nem

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi I have no recollection, bank statements or anything, due to changing banks, of when I last made payment but it was probably around 2012. I had the card for some time before I fell into arrears.
I have included the other documents in the CPR, will be sending it in the morning. Should I included an appeal to extend the time needed with the CPR or a separate letter?

[nemesis45]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi I have no recollection, bank statements or anything, due to changing banks, of when I last made payment but it was probably around 2012. I had the card for some time before I fell into arrears.
I have included the other documents in the CPR, will be sending it in the morning. Should I included an appeal to extend the time needed with the CPR or a separate letter?

Send all together save postage J.

nem

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

All done, thanks :-)

[nemesis45]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

All done, thanks :-)

Good! keep us up to date on progress please.

nem

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

No worries was all sent off today recorded delivery.

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

I received a reply from the solicitors today. I don't have anything they ask me for there. I don't ever recall seeing any of them?
solicitor update.jpg

[nemesis45]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

OK Inform court in writing re the extension.

Reply to the rest:

Ref.CC Claim No,

Ref as on their letter.

Sir / Madam,

I refer to your letter dated.......................... , I have informed the court of the agreed extension of 28 days.

In reference to your inquiry regarding documents that I may have under my control, this request is denied any documents that I may have will be disclosed at the appropriate time in compliance with court procedure.

As CPR 31.14 is relevant to this claim until it is allocated to the small claims track I would expect to receive the documents within 7 days.
Failure to comply will be brought to the attention of the court.

Yours etc.


use signed for post.

nem

[jcoxell]

Re: Court Claim - Cabot Financial ltd / Capital One - 7-1-2016

Hi have followed instruction, letters sent to the court informing them and to the solicitors as per template yesterday.
Thanks Justine