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Court Claim - Cabot Financial UK Limited / Capital One - 5-2-2016

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  • Court Claim - Cabot Financial UK Limited / Capital One - 5-2-2016

    Received a claim? Yes
    Issue Date: 5-2-2016
    Amount approx: 413.99
    Claimant: Cabot Financial UK Limited
    Solicitor: Restons Solicitors Limited
    Original Credit: Capital One

    Particulars of Claim:
    The Claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(s) and Capital One dated on or about Nov 12 2010 and assigned to the Claimant on Sep 28 2015

    PARTICULARS a/c xxxxxxxxxxxxx
    DATE ITEM VALUE
    15/01/2106 Default Balance 328.99
    Post Rfrl Cr Nil

    TOTAL 328.99


    Stat Barred? No

    Have sent: Acknowledged the Claim, Sent a CCA request

    Other Info:
    No payment made since 2012 and no confirmation of debt being owed. No confirmation of credit agreement being provided by either the original claimant and the debt collection agency but not requested.

    Intend to send a CCA request and a CPR 31.14 request.

    What do I put as a defense?
    Last edited by ihatedcas; 9th February 2016, 14:10:PM. Reason: removal of a/c number
    Tags: None

  • #2
    Re: Court Claim - Cabot Financial UK Limited / Capital One - 5-2-2016

    Originally posted by ihatedcas View Post
    Received a claim? Yes
    Issue Date: 5-2-2016
    Amount approx: 413.99
    Claimant: Cabot Financial UK Limited
    Solicitor: Restons Solicitors Limited
    Original Credit: Capital One

    Particulars of Claim:
    The Claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(s) and Capital One dated on or about Nov 12 2010 and assigned to the Claimant on Sep 28 2015

    PARTICULARS a/c xxxxxxxxxxxxx
    DATE ITEM VALUE
    15/01/2106 Default Balance 328.99
    Post Rfrl Cr Nil

    TOTAL 328.99


    Stat Barred? No

    Have sent: Acknowledged the Claim, Sent a CCA request

    Other Info:
    No payment made since 2012 and no confirmation of debt being owed. No confirmation of credit agreement being provided by either the original claimant and the debt collection agency but not requested.

    Intend to send a CCA request and a CPR 31.14 request.

    What do I put as a defense?
    Hi,

    Above you say have sent CCA request, then you say you intend to send CCA request.
    I take it you have acknowledged service of the claim and stated intention to defend?

    Yes get a CPR 31.14 request off to the solicitors for the documents mentioned in
    the statement of the claim, these appear to be the " contract" and " notice of assignment.

    Don't rush in to a defence just yet.


    nem

    Comment


    • #3
      Re: Court Claim - Cabot Financial UK Limited / Capital One - 5-2-2016

      Hi

      Yes, I intend to send the CCA request off. I've got the template etc and just modifying it before I send with the statutory £1.

      I'll send the CPR request as well.

      I have stated I intend to defend the claim using mcol

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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