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

[Shazza786]

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

Have had no response at all. Sent CCA to DCA and CPR to Mortimer Clarke Solicitors. They have definitely received as sent recorded delivery.

[charitynjw]

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

LOL!

It is via typo's & weird predictive texts that I humbly accept the acclaim for my sense of humour, which I know is admired (& secretly envied) by @Amethyst & others.

Viva IT evolution, & the attendant gaffs!

:madgrin:

(Me):brickAme)

[Shazza786]

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

Still no reply so sent a conditional acceptance letter and another CPR request.
My defence is due on 9th March. But in the mean time will keep requesting the relevant info.

CA letter...
-------------------------------------------------------------------------------------------------------------------------------
Dear......
I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you I require ALL documentation to be presented to me in substance and with full disclosure:

• A copy of the lawful Terms and Conditions;
• Validation of the debt (the actual accounting);
• Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882);
• True and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation;
• A copy of the contract signed by both parties in wet ink and therefore binding both parties;
• A true and certified copy (NOT photocopy) of the Original Note (Credit Agreement), under penalty of perjury and with unlimited liability and confirm that this Note, has never been sold;
• The name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.

I hereby give you three (3) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief.
Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:


That the debt did not exist in the first place;
OR
It has already been paid in full;
AND
That any damages suffer, you will be held culpable;
That any negative remarks made to a credit reference agency will be removed;
You will no longer pursue this matter any further;
You agree to pay all fee schedules.


Please Note:
I wish to deal with this matter in writing and I do not give your organisation permission to contact me by telephone.
Should you do so, I must warn you that the calls could constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

[Noah]

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

Oh dear
You have been looking on get out of debt free

I am afraid the advice there is irrelevant and will do you no good

Please follow the process that is advised on here

[Noah]

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

What you should be doing is sending a chasing letter for the CPR request but do not bother chasing the CCA request

To be honest , they will take some time to find the cap 1 account so its likely the claim will be stayed

BUT you must follow the court process

Once they do send you the CCA documents it might be an idea to upload them onto here so people can see if they are indeed enforceable but edit out identifiable details i,e name address, ac number, bar codes

best way is to use a pdf editor or copy what they send, blank out the details ( so you still have the original intact) then scan and upload

Hopefully someone will be able to look at it and suggest if it is indeed enforceable

[nemesis45]

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

Still no reply so sent a conditional acceptance letter and another CPR request.
My defence is due on 9th March. But in the mean time will keep requesting the relevant info.

CA letter...
-------------------------------------------------------------------------------------------------------------------------------
Dear......
I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you I require ALL documentation to be presented to me in substance and with full disclosure:

• A copy of the lawful Terms and Conditions;
• Validation of the debt (the actual accounting);
• Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882);
• True and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation;
• A copy of the contract signed by both parties in wet ink and therefore binding both parties;
• A true and certified copy (NOT photocopy) of the Original Note (Credit Agreement), under penalty of perjury and with unlimited liability and confirm that this Note, has never been sold;
• The name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.

I hereby give you three (3) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief.
Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:


That the debt did not exist in the first place;
OR
It has already been paid in full;
AND
That any damages suffer, you will be held culpable;
That any negative remarks made to a credit reference agency will be removed;
You will no longer pursue this matter any further;
You agree to pay all fee schedules.


Please Note:
I wish to deal with this matter in writing and I do not give your organisation permission to contact me by telephone.
Should you do so, I must warn you that the calls could constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

Hi Shazza have you actually sent this, the whole thing is totally discredited in the UK and the foundation of this approach is discredited internationally.

Much of the data you have asked for will not do you any good and items such as the deeds and " wet ink" contracts are commercially sensitive confidential documents.

It plays right into Cabot's hands and you easily end up with a judgement by default if you rely on that letter.

nem

[Shazza786]

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

Thanks for your input Nem. I had already sent it. And have since sent a follow up letter asking for info again as still no reply. Whilst there are a fair few points raised in the letter, I'm still hopeful they can't come up with the docs to back up their claim. I have also noticed recent success amongst many others in a similar position, hence I took this approach.

[nemesis45]

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

I suspect the letter in post #18 will be ignored. So many of the items requested are not going to be supplied.

Chase the CPR request, a CCA request not complied with means the debt is unenforceable until the agreement
is supplied, much better to be thinking on this than all the other stuff.

nem

[Shazza786]

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

Update...

After sending multiple letters requesting documents I have finally received a few replies.

7/3/16 - Defence submitted highlighting need for verification of alleged debt.

8/3/16 - From Mortimer Clarke Solicitors - Confirming DCA willing to an extension of 28 days to file defence. They believe I have "inspected" docs as they would have been sent previously by OC. Account shall remain on hold until compliance with request. Your credit agreement is currently unenforceable, therefore not permitted to obtain judgement or decree in court.
However your still obliged to pay balance etc etc.

18/3/16 - From Cabot - We don't currently have info on file but will have requested copy of the credit agreement, original and varied t's and c's, statement of account from OC.

21/03/16 - From Mortimer Clarke Solicitors - Received defence and written to you recently re docs requested. We are taking instructions from our client and will come back to you. Matter on Hold.

[Noah]

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

That seems like good news

If you get anything from the courts , still follow the timeline

28 days after they received your defence it would be worth calling the court to check that it is stayed
If so you could then write to the solicitor inviting them to withdraw the case as you will be applying for a strike out but might be worth checking at that time

[nemesis45]

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

Update...

After sending multiple letters requesting documents I have finally received a few replies.

7/3/16 - Defence submitted highlighting need for verification of alleged debt.

8/3/16 - From Mortimer Clarke Solicitors - Confirming DCA willing to an extension of 28 days to file defence. They believe I have "inspected" docs as they would have been sent previously by OC. Account shall remain on hold until compliance with request. Your credit agreement is currently unenforceable, therefore not permitted to obtain judgement or decree in court.
However your still obliged to pay balance etc etc.

18/3/16 - From Cabot - We don't currently have info on file but will have requested copy of the credit agreement, original and varied t's and c's, statement of account from OC.

21/03/16 - From Mortimer Clarke Solicitors - Received defence and written to you recently re docs requested. We are taking instructions from our client and will come back to you. Matter on Hold.

Have you notified the court in writing that an extension of 28 days has been agreed? If not you need to do so asap otherwise the court process will go on as normal.
nem

[Noah]

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

Isn't the process now underway as the defence has been submitted and the claimant has acknowledged receipt?

[charitynjw]

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

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

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

@nemesis45

I just hope everything did go on time if the extension was not formalised Charity.

nem

[Shazza786]

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

Isn't the process now underway as the defence has been submitted and the claimant has acknowledged receipt?

They granted an extension for me to file my defence. I seen this as meaningless as I had already filed my defence before receiving this extension. I was of the impression I now need to wait 28 days for it to be stayed. Am I on the right track?

- - - Updated - - -

Have you notified the court in writing that an extension of 28 days has been agreed? If not you need to do so asap otherwise the court process will go on as normal.
nem

hey granted an extension for me to file my defence. I seen this as meaningless as I had already filed my defence before receiving this extension. I was of the impression I now need to wait 28 days for it to be stayed. Am I on the right track?