Court claim-need advice on how to defend

[Andrew Travers]

Hi Legal Beagles People,

Capital 0ne Credit Card - Cabot Financial - Mortimer Clarke Solicitors Ltd.
Card agreement - 2002 - Requested CCA for original agreement and any variation.

Synopsis:
I used Capital 0ne Credit Card for eight or so years with no default. There were two fraudulent transactions online with Ladbrokes (£297.39 + £569.30) which was not me. I always had card, never wrote down pin and never gave to a third person. The transactions were not mine.
Reported to Capital 0ne and to local police. Police referred me back to Capital 0ne which I did. No evidence of these transactions and after a telephone interview assumed I was lying. I was totally incensed; replied to them and wrote to the ombudsman. I paid remaining balance off the card apart form the two fraudulent transactions, cut the card in half and returned it registered post.
For the last five years they have ignored me and passed the debt onto Cabot Financial. I ignored them as this was not the subject of contesting. No response from the ombudsman.
Finally, it was passed to Mortimer Clarke Solicitors arm of business and they have just issued me with a claim to repay plus interest (£285) Total being claimed: £1151.69 + court costs.

I need some advice on how to defend this please?
You site has been excellent with information on process so far and thought I would see if there has been any similar cases or if there is someone who could help?

[Stu]

Re: Court claim-need advice on how to defend

Welcome to the site...

So the police did not treat this a a criminal matter? and Capital one did they investigate the matter and found it not to be fraudulent is that correct....?

[Andrew Travers]

Re: Court claim-need advice on how to defend

Hi Stu82,
Thanks for the reply; Police were not interested at all. Capital 0ne just assumed that I was the culprit.
I contested this but they ignored me.

[nemesis45]

Re: Court claim-need advice on how to defend

Good morning,

The problem you face here is that Cabot has absolutely no idea why the alleged debt
was sold to them and have bought the debt" in good faith."
Nor has Cabot and knowledge of the dispute.

Let's have some more details please.
What is the issue date of the claim?
Please Post a Copy of the Claim Form (N1) after removing personal details or type in the statement of claim verbatim.
When exactly did these trans actions take place?
When did you payoff the balance without the allegedly fraudulent transactions?
When did Cabot first contact you.
Did the Ombudsman Service Acknowledge your complaint? ( I suspect that it would have declined to participate as police were involved)

Was any complaint/ request made to Ladbrokes at the time. I guess that if there had been the alleged fraud would have been easier to solve
there is usually CCTV on the shops tellers all the time.
As said Cabot will not be interested as to how the debt they now own came about.
It would be best to concentrate on the claim in hand!

A Capone card from 2002 14 years ago means that Cabot are likely to have great difficulty getting an agreement.
You also need to send MC a request under Civil Procedure Rule 31.14 for the documents mentioned in the Statement of Claim.
There is no fee for this. Use the template from the forum library.
Use signed for post.

nem

[Andrew Travers]

Re: Court claim-need advice on how to defend

Good afternoon Nem, thanks for your interest;

N1 form particulars statement of claim:
'By an agreement between Capital One & the Defendant on or around 12/04/2002 (';the agreement') Capital One agreed to issue the Defendant with a credit card. The defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THERFORE CLAIMS 1151.69.'

Date of Claim: 06/01/16 - Acknowledged by me online: 10/01/16
Request for CCA: 11/01/16 – posted today

Fraudulent transactions: 10/08/10 £297.39 & 11/08/10 £569.30 - these were online transactions.

Other key info/dates:
Letter from Capital 0ne – notification of account safety measure to call fraud team: 12/08/10
Called Capital 0ne fraud team and stated transactions were not me and considered fraudulent: 13/08/10
Letter received: Capital 0ne: Basic details of the transactions with form to acknowledge transactions as fraud & notification of cancellation of existing account; transferred to new account no. : 20/08/10
Form returned to Capital 0ne: 28/08/10
Telephone interview with Capital 0ne investigator date unknown. Requested me to report to Police.
Reported to Penzance Police: Log 621 on 08/09/10
Letter received: Capital 0ne: investigators view the transactions were mine and not fraud: 09/09/10
Letter to Capital 0ne: Disagreeing to assumed decision: 18/10/10
Letter received: Capital 0ne – No change of position: 18/11/10
Letter received: Capital 0ne: increasing credit limit by £600 (not requested): Dec/10
Letter to Financial Ombudsman Service South: (with copies of all correspondence): 12/01/11
Letter to Capital 0ne: Restating my case and returned card and requested termination of account: 12/01/11
Made bank transfer on balance (not including these transaction amounts and associated interest): 12/01/11
Cancelled direct debit for minimum payments: 17/01/11
Letter received: Financial Ombudsman Service: Acknowledgement of correspondence: 21/01/11
Letter received: Financial Ombudsman Service: Notification to continue dispute resolution with Capital 0ne & returned documents: 07/02/11
Letter received: Capital 0ne - No change of position: 25/01/11
Letter received: Capital 0ne - Notice of sums in arrears: 08/04/11
Letter received: Capital 0ne – Notice of default: 06/05/11
Letter received: Capital 0ne – Last chance: 18/05/11
Letter received: Capital 0ne – Statement of default: 08/06/11
Registered as default Equifax: June 2011.
Letters received: fpc Debt Collection Services: 13/06/11, 04/07/11, 15/07/11 & 27/07/11
Letter received: Allied International Credit (UK) Ltd. – Early Settlement Offer of £748.60: 16/09/11
Some three years passed......
I am not sure when the debt was acquired by Cabot Financial exactly.
Letter received: Capital 0ne – Statement of activity: 06/06/15
Letter received: Cabot Financial – Notification of debt being referred to Mortimer Clarke Solicitors: 02/12/15
Letter received: Mortimer Clarke Solicitors – Notification of instruction to commence court proceedings: 08/12/15

I was not provided with sufficient information to approach Ladbrokes direct. I was given the basic listed transactions.

I can send an MC request for documents but there is limited documents referred to in the claim and that is why I sent a CCA request with a £1 fee. Do I need to send an MC request as well?
It is interesting to note that the original account was closed and they issued me with a new account number on 20/08/10. The new number being referred to since it was changed. Therefore, if Cabot are looking for the agreement, they should find the trail leads back to the fraud case.

[Andrew Travers]

Re: Court claim-need advice on how to defend

Claim Head Sheet:

[Andrew Travers]

Re: Court claim-need advice on how to defend

Hello Nem,
I have uploaded a list of facts and have now sent a 'signed for' postal request for Rule 31.14 request for the agreement.
Can you help with making a defence?
Andy

[Kati]

Re: Court claim-need advice on how to defend

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Court claim-need advice on how to defend

Claim Head Sheet:

Hello Andrew,
A CCA request to Cabot with the £1 statutory fee, use the template from the forum library. Us a Postal order made payable

to the Claimant exactly as shown on the claim form, endorse the PO " For Statutory Fee Only " Cabot has 12 + 2 Working Days to
comply. Use signed for post.

Also a request made under the provisions of Civil procedure rule 31 .14 to the solicitors, ( no fee) this is for the documents
mentioned in the particulars of the claim only. Agreement/contract and Notice of assignment in this claim.

Template in the forum library: use signed for post. Nominal 7 day timescale for response.

Service Acknowledged and intention to defend stated??

nem

[Andrew Travers]

Re: Court claim-need advice on how to defend

Yep; all that done thank you, what do I need to consider now regarding the defence?
Will this delay the court action while they search out the agreement or do I still need to make a defence in the time limit (28 days)?
Thanks,
Andy

[nemesis45]

Re: Court claim-need advice on how to defend

Hello Nem,
I have uploaded a list of facts and have now sent a 'signed for' postal request for Rule 31.14 request for the agreement.
Can you help with making a defence?
Andy

Certainly Andy!


My thoughts are going towards writing to Cabot stating that there was an ongoing fraud investigation
and complaint with the original creditor which was unresolved, therefore you do not acknowledge any
liability to Cabot Financial Uk Ltd as the alleged debt has fraudulently acquired debits.

Cabot loves to use phrases such as " We are unaware of any ongoing dispute and reason for not paying the debt".

What dom you think is your key point in defence Andy.

nem

- - - Updated - - -

:bump: for @nemesis45 xx

Responded thank you [MENTION=49370]Kati[/MENTION] nemxx

- - - Updated - - -

I'm out for a couple of hours now, but I'll get back to you later.

nem

[Andrew Travers]

Re: Court claim-need advice on how to defend

Hi Nem,

re: What dom you think is your key point in defence Andy.

Firstly, it was not me and even though it was not a huge sum of money at the time, I am still very angry about this; especially as I have had no help from the Police. They told me that it was the Credit Card Company that was responsible for uncovering evidence. This did not happen and I was only supplied with the basic details of the transactions. They drew their conclusions that it was me from a simple telephone interview and from there, even though I contested, would not change their position.
It is now the principle of this that I am willing to defend it in court but not at all sure how to do this.
Thanks,
Andy

[nemesis45]

Re: Court claim-need advice on how to defend

Good morning Andy,

I think a formal letter to Cabot first ( while we compile a defence) stating that the account was subject to a fraud
investigation and was still in dispute when it was assigned to Cabot.

If you wish I'll put something together for you.

nem

[Andrew Travers]

Re: Court claim-need advice on how to defend

Hi Nem,

That would be great, I am a chartered architect but have no skills at word-simthing legal jargon or ever been in a position like this before!
Are you in practice? Is this something that I can commission you to help with?
Andy

[nemesis45]

Re: Court claim-need advice on how to defend

Hi Nem,

That would be great, I am a chartered architect but have no skills at word-simthing legal jargon or ever been in a position like this before!
Are you in practice? Is this something that I can commission you to help with?
Andy

Good morning Andy,

Retired original speciality Military Jurisprudence. Everything I do now is a volunteer, and site rules
preclude seeking or taking on paid work from members.

I can't draw a straight line so I guess we are even!!

I'll draft a letter for you in a form that you can add and index correspondence etc. where
needed.
It's not unknown for a debt purchaser to " return" a debt to the original creditor if a major
dispute is / was in progress when the debt was sold.

nem