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

[andy44uk]

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

Thanks for the response nem
I have sent to them today a copy of the postal order crossed for statutory fee only and the signed for delivery from Cabots
Again just have to wait for another response
I will also have to speak to the court to find out how things stand with them. It has been more than 29 Days since I registered my defence.
Thanks again

[nemesis45]

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

Thanks for the response nem
I have sent to them today a copy of the postal order crossed for statutory fee only and the signed for delivery from Cabots
Again just have to wait for another response
I will also have to speak to the court to find out how things stand with them. It has been more than 29 Days since I registered my defence.
Thanks again

Over all 33 days inc. service for a response to a defence. There is also some backlog in the court system,
Try the court on Monday.

nem

[Sandyhaven]

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

Good Afternoon @nemesis45 and @charitynjw

Guess what popped through the letter box this morning :tinysmile_cry_t: - yes a letter from Restons, I'm not one to swear but I did, please see contents below, any advice is greatly apprecited.

Kindest Regards,

Sandyhaven

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Restons Solicitors - dated Thursday February 18, 2016

Re. Cabot Financial (UK) Ltd v. Yourself
Capital One - Credit Card

We write in respect of the above matter.
The court has served us with a copy of the defence you have filed whereby you dispute your liability to our Client in full.

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 Practise 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 the claim are served separately in accordance with paragraph 5.2 of this practise direction.”

By way of explanation, Cabot Financial (UK) Limited is a debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are as follows:

1. The outstanding balance referred to in the Particulars of Claim relates to a Capital One - Credit Card facility with account number XXXXXXXXXXXXXXXX. Our client’s records indicate that the original Credit Agreement was dated on or about 11 December 2000. It is the Claimants position that you should have received a copy of the Credit Agreement upon first entering into the Contract;

2. Capital One should have sent Statements of Account to you on a monthly basis during the operation of the Credit Card facility. Such statements will have identified any items of expenditure, payments towards the account, the application of any contractual interest/charges, and the outstanding balance on a month by month basis;

3. You failed to maintain the minimum monthly repayments as required by the Statements of Account and accordingly, Capital One served a Default Notice before terminating the Credit Agreement;

4. In line with the Terms and Conditions of that Credit Agreement, the original creditor had a contractual right of assignment. In other words, Capital One was entitled to transfer their rights and benefits under the Agreement to a third party. Around that time you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice of Assignment from Cabot Financial (UK) Limited.

In light of the above, we would suggest that you revert back to your own personal records, as the documentation you have requested has previously been provided to you throughout the lifetime of you account.

We have no record of a valid Section 78 CCA Request having been made or not complied with, In order for us to comply with this request please provide evidence that a properly constituted request has been made pursuant to Section 78 of the Consumer Credit Act 1974 and that the relevant statutory fee has been paid.

We would point out that your CPR 31.14 Request was responded to on 29 January 2016

Now that we have provided you with details of what the outstanding balance relates to we would be grateful if you could confirm that you are now prepared to withdraw your Defence. In order to do this, please complete the enclosed Form N9A and return it to this office. If we do not receive this from you within the next 14days, we are instructed to make an application to Strike Out the Defence and to seek an Order that you pay our costs associated with that application.

We look forward to hearing from you further.

Your faithfully,

XXXXXX XXXXX

Restons

[Amethyst]

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

We have no record of a valid Section 78 CCA Request having been made or not complied with

This is becoming a standard response, I think for Restons we should start sending them a copy of the CCA request when we first send it.

Although not sure that's going to stop them as;

I have sent to them today a copy of the postal order crossed for statutory fee only and the signed for delivery from Cabots

so they've just ignored that.

Anyway, It is of no consequence whether you had a credit agreement when you opened the account or if they sent statements in default of the agreement they cannot enforce.

They are nearly past their response date to court now I think so you could next week check with the court to see if it has been stayed and potentially consider applying to strike out the claim as an abuse of process ( as they haven't provided any documents and don't appear to have had sight of them before bringing the claim)

[Sandyhaven]

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

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

Many thanks for response, it just a scare tactic then?

The second quote box is from another user andy44uk with a different case, I haven't sent Restons the CCA should I speak with court first or send it on Monday anyway?

Kind Regards,

Sandyhaven

[Amethyst]

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

Ahhh, that's why I was confused then!.... in that case yes send them a copy of your CCA. I have actually just amended a couple of the 'first steps' templates to mention sending the sols a copy in these kind of cases as this comes up far too often now.

[charitynjw]

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

CCA to Cabot (+ £1 payment)

CPR to Restons (no payment

Proof of posting for both.

& do wot Ame says (above) :behindsofa:

[nemesis45]

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

Good Afternoon @nemesis45 and @charitynjw

Guess what popped through the letter box this morning :tinysmile_cry_t: - yes a letter from Restons, I'm not one to swear but I did, please see contents below, any advice is greatly apprecited.

Kindest Regards,

Sandyhaven

-----------------------------------------------------------------------------------------------------------------------------------------------------------------

Restons Solicitors - dated Thursday February 18, 2016

Re. Cabot Financial (UK) Ltd v. Yourself
Capital One - Credit Card

We write in respect of the above matter.
The court has served us with a copy of the defence you have filed whereby you dispute your liability to our Client in full.

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 Practise 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 the claim are served separately in accordance with paragraph 5.2 of this practise direction.”

By way of explanation, Cabot Financial (UK) Limited is a debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are as follows:

1. The outstanding balance referred to in the Particulars of Claim relates to a Capital One - Credit Card facility with account number XXXXXXXXXXXXXXXX. Our client’s records indicate that the original Credit Agreement was dated on or about 11 December 2000. It is the Claimants position that you should have received a copy of the Credit Agreement upon first entering into the Contract;

2. Capital One should have sent Statements of Account to you on a monthly basis during the operation of the Credit Card facility. Such statements will have identified any items of expenditure, payments towards the account, the application of any contractual interest/charges, and the outstanding balance on a month by month basis;

3. You failed to maintain the minimum monthly repayments as required by the Statements of Account and accordingly, Capital One served a Default Notice before terminating the Credit Agreement;

4. In line with the Terms and Conditions of that Credit Agreement, the original creditor had a contractual right of assignment. In other words, Capital One was entitled to transfer their rights and benefits under the Agreement to a third party. Around that time you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice of Assignment from Cabot Financial (UK) Limited.

In light of the above, we would suggest that you revert back to your own personal records, as the documentation you have requested has previously been provided to you throughout the lifetime of you account.

We have no record of a valid Section 78 CCA Request having been made or not complied with, In order for us to comply with this request please provide evidence that a properly constituted request has been made pursuant to Section 78 of the Consumer Credit Act 1974 and that the relevant statutory fee has been paid.

We would point out that your CPR 31.14 Request was responded to on 29 January 2016

Now that we have provided you with details of what the outstanding balance relates to we would be grateful if you could confirm that you are now prepared to withdraw your Defence. In order to do this, please complete the enclosed Form N9A and return it to this office. If we do not receive this from you within the next 14days, we are instructed to make an application to Strike Out the Defence and to seek an Order that you pay our costs associated with that application.

We look forward to hearing from you further.

Your faithfully,

XXXXXX XXXXX

Restons

Hello Sandy

Another Cabot /Reston Scan/ Con Fiddle!!

Points Sandy.

1. CCA request to Cabot with £1 fee Yes?

2. Did you send by signed for post?

3. Do have the Post office confirmation receipt.

4. Did you track delivery and signed for date.

nem

[nemesis45]

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

Bugger I edited a letter into the post as it shows at 1747 hours but it has disappeared .

I'll do it all again later Sandy.

nem

[Sandyhaven]

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

Hi [MENTION=55034]nemesis45[/MENTION]

Apologies was called out with work.

Its yes to all the above in #38

Kindest,

Sandyhaven

[nemesis45]

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

Hi @nemesis45

Apologies was called out with work.

Its yes to all the above in #38

Kindest,

Sandyhaven

I'll sort the letter later!

nem

[andy44uk]

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

Hi Sandy this is exactly the same letter I received.
I just sent the proof of delivery for the CCA and a copy of the postal order.
They have completely ignored the several formal requests made to them for any documents proving the debt I will speak with the court tomorrow and see where the case stands. Unfortunately it gives them 6 years to locate the documents from what I can tell.

[charitynjw]

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

Hi Sandy this is exactly the same letter I received.
I just sent the proof of delivery for the CCA and a copy of the postal order.
They have completely ignored the several formal requests made to them for any documents proving the debt I will speak with the court tomorrow and see where the case stands. Unfortunately it gives them 6 years to locate the documents from what I can tell.

Can you expand on this, andy?

[Sandyhaven]

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

Hi [MENTION=77915]andy44uk[/MENTION]

Thanks for the post really appreciated, must be std letter like Nem has suggested.

I didn't take a copy of the order but have receipt hope this is enough evidence.

Many thanks and please keep us updated its a real help.

Kindest Regards,

Sandyhaven

[andy44uk]

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

From what I can tell the statutory barr date begins again while the case remains stayed.
My account would have been stated barred in May but with the case being registered in the court on the 22-12-15 the date starts again if it not dismissed by the court.