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Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

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  • Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

    Received a claim? Yes
    Issue Date: 5-2-2016
    Amount approx: 1329.22
    Claimant: CABOT Financial (UK) Ltd
    Solicitor: Mortimer Clarke Solicitors LTD
    Original Credit: Capital One
    Showing on Credit File: Yes

    Particulars of Claim:
    By an agreement between Capital One & the Defendant on or around 11/11/2004 ('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 THEREFORE CLAIMS 1179.22

    Stat Barred? No

    Have sent: AOS Submitted (10/02/16)
    CCA request to Cabot and CPR 31.14 to Mortimer Clarke. Inc blank postal orders. Using LB templates.

    Other Info:
    I would like to defend myself against this claim. Whilst I have a multiple credit card defaults from June 2011, I don't recognise this as being one of them based on the information received in claim.

    Even if this debt turned out to be mine I am wary that the other DCA's may put forth CCJ claims before the debts become SB. My point being, in my current financial situation I could pay this debt, but, I won't be able to pay the others too if they come hunting. Therefore I would be reluctant to pay this debt as the end result will be the same if any of the other creditors gain a CCJ against me in the near future.

    Was tempted to ignore the whole thing and live with whatever CCJ's come my way. But have decided to give it a go. Feel I should challenge this claim and hope the others become SB in due course.

    NOA letter received from both Capital One and Cabot dated 15 Oct '15 stating Cabot bought acc on 24th Sept '15.

    Any step by step advice would be hugely appreciated.
    Last edited by Shazza786; 10th February 2016, 15:10:PM.
    Tags: None

  • #2
    Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

    :sorry: this has been missed ... I'll put a :bump: for [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] to come and have a look xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

      Originally posted by Kati View Post
      :sorry: this has been missed ... I'll put a :bump: for @nemesis45 and @Amethyst to come and have a look xx
      Thank you [MENTION=49370]Kati[/MENTION]
      nemxx

      - - - Updated - - -

      Originally posted by Kati View Post
      :sorry: this has been missed ... I'll put a :bump: for @nemesis45 and @Amethyst to come and have a look xx
      Thank you [MENTION=49370]Kati[/MENTION]
      nemxx

      Comment


      • #4
        Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

        Hello Shazza, responding to [MENTION=49370]Kati[/MENTION] nudge.

        I see you have got things well in hand with the preliminary requests and AOS.
        It seems a very positive NO to statute barred status? What information does
        your credit file show, e.g. default date.

        Do you know when the last payment ( to any company) was made to the account, has there
        been any written acknowledgment of the alleged debt.

        nem

        Comment


        • #5
          Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

          Many thanks for your reply [MENTION=55034]nemesis45[/MENTION]. Im pretty sure it's not SB as last payment to Capone was approx June 2011, no further acknowledgement from myself since. Default date on credit file, 09/11/2011.
          Cc [MENTION=6]Amethyst[/MENTION]
          Last edited by Shazza786; 16th February 2016, 12:14:PM.

          Comment


          • #6
            Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

            :bump: for [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] xx
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

              Have had no response to my CPR 31.14 or my CCA request. Deadline for filing defence is 9th March.

              Comment


              • #8
                Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

                Originally posted by Shazza786 View Post
                Have had no response to my CPR 31.14 or my CCA request. Deadline for filing defence is 9th March.
                Hell Shazza,
                Without the agreement they can't enforce the debt.

                Were the requests even acknowledged?

                nem
                Last edited by Amethyst; 23rd February 2016, 22:20:PM. Reason: typo fixed - ame xx

                Comment


                • #9
                  Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

                  Originally posted by nemesis45 View Post
                  Hell Shazza,
                  Without the agreement they can enforce the debt.

                  Were the requests even acknowledged?

                  nem
                  I think you mean without the CCA request they can NOT enforce the debt

                  Comment


                  • #10
                    Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

                    Originally posted by Noah View Post
                    I think you mean without the CCA request they can NOT enforce the debt
                    NO I don't !

                    It is the agreement that is requested.

                    Comment


                    • #11
                      Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

                      Guys, I think Nem made a typo.... http://legalbeagles.info/forums/show...628#post625628 - Nem go read it - you've put they CAN enforce instead of they CAN'T xxx

                      ( just before you fall out about it )

                      ( if it's not that then I'm afraid I'm lost )
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

                        I wasn't trying to score points just correct a typo

                        If they have not complied with the CCA request they can not enforce however they do not necessarily have to supply the original agreement to enforce

                        Comment


                        • #13
                          Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

                          Originally posted by Amethyst View Post
                          Guys, I think Nem made a typo.... http://legalbeagles.info/forums/show...628#post625628 - Nem go read it - you've put they CAN enforce instead of they CAN'T xxx

                          ( just before you fall out about it )


                          ( if it's not that then I'm afraid I'm lost )
                          Thanks Ame it has been corrected.

                          nem

                          Comment


                          • #14
                            Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

                            Originally posted by Shazza786 View Post
                            Have had no response to my CPR 31.14 or my CCA request. Deadline for filing defence is 9th March.
                            I'm in similar position - It good to chase the CPR 31.14 - there is an example of a letter on the forum to send, but I can not seem to find it

                            Comment


                            • #15
                              Re: Court Claim - CABOT Financial (UK) Ltd / Capital One - 5-2-2016

                              Originally posted by nemesis45 View Post
                              Hell Shazza,
                              Without the agreement they can't enforce the debt.

                              Were the requests even acknowledged?

                              nem
                              Nemesis
                              There must be a problem with your auto correct as you still do not seem to have corrected the mistake (edit: Amethyst fixed it now xx)

                              As we agree
                              Once the CCA request has been sent, without sending a copy or recon of the agreement they CAN NOT enforce
                              Last edited by Amethyst; 23rd February 2016, 22:42:PM. Reason: fixed

                              Comment

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