Court Claim - Cabot Financial UK / Capital One - 22-12-2015

[MillReef]

Received a claim? Yes
Issue Date: 22-12-2015
Amount approx: 400.61
Claimant: Cabot Financial UK
Solicitor: Drydens
Original Credit: Capital One

Particulars of Claim:
The claimants claim is for the sum of 400.61 under an agreement regulated by the consumer credit act 1974 between the Defendent and Capial One account no xxxxxxxxxxxxxxxx and assigned to the claimant on 28/09/2015. Notice of which has been provided to the Defendent.
The Defendent 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 400.61 together with costs.

Stat Barred? No

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

Other Info:

[MillReef]

Re: Court Claim - Cabot Financial UK / Capital One - 22-12-2015

Card taken out in 2004.
cabot have created a default on my credit file for July 2011 on 10/01/2016.
My file is otherwise perfect.
the delinquent sum shows as £315 on the credit file.
I have a new Capital One card
I have received no response from Cabot or Drydens.
Some help with filing my defence would be appreciated
It is possible that the debt is statute barred, the account does not show on any credit file and I have not acknowledged the debt

[MillReef]

Re: Court Claim - Cabot Financial UK / Capital One - 22-12-2015

I've filed a defence because I have to but have received no correspondence from Cabot or Drydens.

[nemesis45]

Re: Court Claim - Cabot Financial UK / Capital One - 22-12-2015

Hi welcome to LB,

Some clarification please:

1. You say Cabot up dated your credit file to show a default what is the default date?

2. Later you ask " is it possible the debt is statute barred as it's not on your credit files"??

Can you explain please and tell us what you entered in defence

nem

[MillReef]

Re: Court Claim - Cabot Financial UK / Capital One - 22-12-2015

Hi thank you for responding.
My credit file was clear. No outstanding accounts, no arrears no defaults when I checked after receiving the claim on 24th December.
I checked again this month and only equifax is now showing a credit card account in favour of Cabot financial with a delinquent sum of £315 and an outstanding sum of £400.
The only year showing is 2011 with a default showing for July of that year. All the other months are blank and there are no other years. The entry was created on 10/01/2016.
I used the defence from your library. I have had no correspondence despite my requests.
I had a Captital One account opened in 2004. I married in 2006 and changed all my accounts. The court claim is in my maiden name.
I have a current credit card with Capital One. They've never told me I owed them money on a different card.

[MillReef]

Re: Court Claim - Cabot Financial UK / Capital One - 22-12-2015

Drydens have sent a letter stating that they have noted my CPR request and have sent my request to Cabot.
The account is on temporary hold.
My defence is already submitted because the deadline was technically Sunday.
No reply from Cabot to the CCA.
Should I reply to Drydens?

[MillReef]

Re: Court Claim - Cabot Financial UK / Capital One - 22-12-2015

I still haven't received any information re: CCA request/CPR 31.14
Defence submission acknowledged by the court
Drydens acknowledged my CPR request stating it had been noted and the request passed to Cabot.
Should I reply to Drydens in any way or just wait?
Any help appreciated