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

[Sandyhaven]

Received a claim? Yes
Issue Date: 22-12-2015
Amount approx: 2346.62
Claimant: Cabot Financial (UK) Ltd
Solicitor: Restons Solicitors Limited
Original Credit: Capital One

Particulars of Claim:
Particulars of claim:

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Capital One dated on or about Dec 11 2000 and assigned to the claimant

Particulars of a/c no xxxxxxxxxxxxxxxx

DATE:03/12/2015
ITEM: Default balance
VALUE: 2346.62

Post Refrl Cr NIL

Stat Barred?

Have sent: Acknowledged the Claim

Other Info:
If someone could advise as to what to ask in the CPR so I can get it off this morning that would be great

To date done:-

Aknowledged service
CCA ready to send recorded with postal order endorsed "for statutory fee only"

Also who is best to speak with regarding last payment made and default date as genuinely cannot remember not heard over this for years

Thanks,

Sandyhaven

[Sandyhaven]

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

Hi,

Can anyone help with where I can find out default payment date with Capital One please

[Amethyst]

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

Is that the entire particulars of claim ? Good gracious they are rather lean.

'' The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Capital One dated on or about Dec 11 2000 and assigned ??? to the claimant''

So in the CPR request you can ask for the CONTRACT and Notice of Assignment ( possibly ) - I'd maybe add a paragraph to the request to say that the statement of case is inadequate.

On dates of last payment - you could check your credit file through something like Noddle - and see if there is a default showing on there, this might give you a guide to when you stopped payments. You could try calling capital one although there isn't an account number or anything to use to find out information. That will help you defend later but isn't very helpful for finding out where you stand.

Good to hear you are on top of acknowledgement of service and the CCA request
[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

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

Hi,

Can anyone help with where I can find out default payment date with Capital One please

Hello Sandy,

Sorry for the delay in replying computer problems.

I see [MENTION=6]Amethyst[/MENTION] has answered your questions my reply would be exactly the same!

nem

[Sandyhaven]

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

Thank you both [MENTION=6]Amethyst[/MENTION] and [MENTION=55034]nemesis45[/MENTION],

I had sent the CPR requesting agreement and notice of assignment before seeing these messages should I send another letter stating the 'statement of case is inadequate' or add into defence reply.

Should mention that both husband and wife had a claim same time so dealing with two but both exactly the same just different amounts of money.

Many thanks,

Sandyhaven

[nemesis45]

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

Thank you both @Amethyst and @nemesis45,

I had sent the CPR requesting agreement and notice of assignment before seeing these messages should I send another letter stating the 'statement of case is inadequate' or add into defence reply.

Should mention that both husband and wife had a claim same time so dealing with two but both exactly the same just different amounts of money.

Many thanks,

Sandyhaven

Hello Sandy,

The paucity of detail in the statement of claim is a matter for your defence.

Are w now dealing with a Joint Account?

Parties to a joint account are " jointly and severally " liable for such debts.
So both parties a pursued and if one wont or can't pay the other is pursued
for the total debt.

nem

[Sandyhaven]

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

Hello Again [MENTION=55034]nemesis45[/MENTION],

Its two separate accounts him and hers.

Checked on Noddle.

Hubbys:-

Date of default - 15.04.2010

Then in October 2015 a DF was registered followed by Nov then December 15 from what I can see on credit history it looks like Cabot has re-ignited credit history as there is no previous years and the previous month in 15 are blank per month.


Wifey:-

Date of default - 02.08.2010

Ditto as above

Biggest worry now is defence has to be in by Monday 25th please could you advise

Can we email defence and in which format, word, PDFs or do we have to post.

Have heard nothing back from Cabot or Reston's - now over 7 days for Restons and the 12 + 2 runs out Saturday 23rd Jan 16 - should we ask for more time or submit defence anyway.

Your help would be greatly appreciated.

Kindest regards,

Sandyhaven

[nemesis45]

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

Hello Again @nemesis45,

Its two separate accounts him and hers.

Checked on Noddle.

Hubbys:-

Date of default - 15.04.2010

Then in October 2015 a DF was registered followed by Nov then December 15 from what I can see on credit history it looks like Cabot has re-ignited credit history as there is no previous years and the previous month in 15 are blank per month.


Wifey:-

Date of default - 02.08.2010

Ditto as above

Biggest worry now is defence has to be in by Monday 25th please could you advise

Can we email defence and in which format, word, PDFs or do we have to post.

Have heard nothing back from Cabot or Reston's - now over 7 days for Restons and the 12 + 2 runs out Saturday 23rd Jan 16 - should we ask for more time or submit defence anyway.

Your help would be greatly appreciated.

Kindest regards,

Sandyhaven

Ok no agreement means the debt cannot be enforced.

Take a look at some threads on the forum so you can get a good idea
if content and format of a defence then make a draft and post here
then we can go through it with you.
You can enter you defence online at MCOL.

As to the credit file entries Cabot has only updated files with its details they cannot
change the default date. The D markers are just showing the status of the account
each month not a change in the original default date.

nem

[Amethyst]

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

Example of defence to help you get started http://www.legalbeagles.info/forums/...t-Court-Claims

You can submit it on Moneyclaim online if you did you acknowledgemnt of service that way, otherwise yes you can email a PDF version to the court or post the defence form back.

[Sandyhaven]

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

Hi [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION],

Please see below defence going in today, please could you advise on 16 that will become 15 if to keep in, also points around s77 and s78 as we don't 100% know it's a credit or loan should these be left like this.

Your help is always greatly appreciated,

Kind regards,

Sandhaven



Claim No. :

Between:

Cabot Financial (UK) Ltd.

and





1: I received the claim from the Northampton County Court on 7th January 2016

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card / Loan agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Ltd date is not clear in the Particulars of Claim. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 13th January 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

8. Restons Solicitors Limited has not sent any of these documents to me.

9. On the 12th January 2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 77 / 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[Sandyhaven]

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

Hi [MENTION=55034]nemesis45[/MENTION], [MENTION=6]Amethyst[/MENTION],

Submitted with a couple of changes, removed point 16 as didn't know what this meant.

Anyway, many thanks for help so far and all the info on the site.

Not heard anything from Restons or Cabot should I be doing anything as in chasing up, is there a timescale to adhere too going forward from now.

Kindest regards,

Sandyhaven

[nemesis45]

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

Hi @nemesis45, @Amethyst,

Submitted with a couple of changes, removed point 16 as didn't know what this meant.

Anyway, many thanks for help so far and all the info on the site.

Not heard anything from Restons or Cabot should I be doing anything as in chasing up, is there a timescale to adhere too going forward from now.

Kindest regards,

Sandyhaven

Good morning Sandy,

Once the court has served the defence on Cabot/Restons they have 28 days to respond, if
they fail to respond in time the court will stay the claim.

The court will not inform you if this happens so if the time runs out and you have not received
anything from Restons you will have to phone the court to check the status of the claim.

nem

[Sandyhaven]

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

Hi [MENTION=55034]nemesis45[/MENTION],

received letter from Restons regarding CPR 31.14 after defence was submitted and before letter received from court confirming receipt of defence, as below:-

We acknowledge receipt of your recent request made pursuant to CPR 31.14

We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a Claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practise Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served sewers tell in accordance with paragraph5.2 of this practise direction"

We would also remind you that CPR 31.14 states -

"A part may inspect a document mentioned in -

(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit"

You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim and therefor CPR 31.14(1) does not apply.

Although your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the Claim relates to, namely:

a) the date the account was opened;
b) the account number;
c) the outstanding balance;
d) the name of the original creditor; and
e) the fact the account has been assigned to the Claimant and when it was assigned.

We trust this clarifies matters.

Yours faithfully,



Whats should be done now or does the court overrule this letter now.

Many thanks,

Sandyhaven

[charitynjw]

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

Invoke CPR31.15(c) - & remind them you are a Litigant in Person

Pedants!

https://www.justice.gov.uk/courts/pr...s/part31#31.15

Inspection and copying of documents

31.15 Where a party has a right to inspect a document–
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.
(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

[nemesis45]

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

Hi @nemesis45,

received letter from Restons regarding CPR 31.14 after defence was submitted and before letter received from court confirming receipt of defence, as below:-

We acknowledge receipt of your recent request made pursuant to CPR 31.14

We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a Claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practise Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served sewers tell in accordance with paragraph5.2 of this practise direction"

We would also remind you that CPR 31.14 states -

"A part may inspect a document mentioned in -

(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit"

You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim and therefor CPR 31.14(1) does not apply.

Although your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the Claim relates to, namely:

a) the date the account was opened;
b) the account number;
c) the outstanding balance;
d) the name of the original creditor; and
e) the fact the account has been assigned to the Claimant and when it was assigned.

We trust this clarifies matters.

Yours faithfully,



Whats should be done now or does the court overrule this letter now.

Many thanks,

Sandyhaven

In addition to Charity's advice add that you will bring the refusal to comply to the attention
of the court as what yo may or may not have received from any party in the past is irrelevant.

nem