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

[smartarse84]

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

Particulars of Claim:
Today my wife received a claim form from Northampton, In her maiden name, and in Miss not Mrs. According to her credit file, the account is closed and was opened on 15 August 2007. We have been married over 6 years, and do not recall making any payments to the outstanding debt in this time.

Stat Barred? Yes

Have sent:

Other Info:

[smartarse84]

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

I have no legal background, so need all the help possible, what to do first, also I am aware that cabot financial UK limited are trading without a FSA license.

[nemesis45]

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

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

Particulars of Claim:
Today my wife received a claim form from Northampton, In her maiden name, and in Miss not Mrs. According to her credit file, the account is closed and was opened on 15 August 2007. We have been married over 6 years, and do not recall making any payments to the outstanding debt in this time.

Stat Barred? Yes

Have sent:

Other Info:

Good evening welcome to LB.

Can you please type in the Statement of Claim verbatim so we know what exactly
we are dealing with.

The name change does not affect the claim.

Have you check to see if this debt is on her credit files?
This information is useful for confirming dates.

You can check Noddle Free Online.

nem.

[smartarse84]

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

What does Claim verbatim mean? Yes I have checked with clearscore.com which is powered by equifax, its under closed accounts and was opened in 2007 does not show any payment information. I have just done the acknowledgment of service, selecting defending whole claim.

[Amethyst]

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

verbatim = word for word ( I think Nemesis just means can you type out the particulars of claim please xx )

[smartarse84]

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

OK guys as said above, 0 legal knowledge, It's my wife's debt apparently, but we have no memory of it, or making any payment's towards the outstanding balance, the debt shows as closed on her equifax credit report and the account was opened in 2007 according to her online credit report.

Here are the letter's received so far in order, hopefully that help's you suggest the next course of action I should take, sorry not sure how to make the images smaller

[nemesis45]

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

Good morning,

To Do List:

1. A CCA request to the claimant, this is for a copy of the agreement relating to the Cap one account.

There is a £1 statutory fee to pay, use a postal order endorsed " For Statutory Fee Only" there is a template
in the forum library for this, Cabot has 12 + 2 working days to comply.
Use signed for post and check delivery date.
If Cabot can't comply within the timescale the debt is rendered unenforceable Until the agreement has been supplied.

2. A request made under the provisions of Civil Procedure Rule 31.14 ( CPR 31.14) this is for the documents mentioned
in the statement of claim Only.

In this case The " Contract " and Notice of Assignment, this goes to the solicitors, (No Fee) there is a 7 day time
scale for response, This may well be declined by the sols but we can deal with that if / when it happens.

3. Can you confirm the default date on the account?

4. When was the last payment or written acknowledgment of the debt.

If you don't have this information check credit files, you can use Noddle Free Online.

Statute Barred is a complete defence, a debt must be statute barred on or before the
claim was issued.

nem

[smartarse84]

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

Sorry not been online to update you, but I have received the following letter in response to the CPR request, what do you suggest I do now? As the letter I sent to them end's yours sincerely C.Walker, which they have returned.

[Noah]

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

You have left personal details in. I can foresee a problem in that if your wife signs in her married name they will then refuse because names do not match. I would just resend it signed in her maiden name. Just keep a copy of the letter.

- - - Updated - - -

On the credit report for the closed account when does it say the account was defaulted?

[smartarse84]

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

OK I sent back the letter signed as suggested in her maiden name, and to my surprise no response from them, also Cabot have failed to respond to the CCA request. Times running out now for my defence, So what should I send to the court?

Also thanks for updating that image, was uploaded in a rush before bed

[Kandis]

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

Hi,
Here's the link for example defences. Have a go and post up, then others will guide you.
http://legalbeagles.info/forums/show...t-Court-Claims.

Kandis

[smartarse84]

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

OK hows this look before a submit to the court?

1: I received the claim XXXX from the Northampton County Court on 07 Feb 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 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 particulars of claim fail to state when the agreement was entered into.


6. The Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Limited on Sep 28 2015. The Defendant does not recall receiving notice of this assignment.


7. 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.


8: On the 13 February 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.


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


10. On the 13 February 2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


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


12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13. 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.


14. 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.


15. 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 .................................................. ....

[Noah]

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

If you are entering it online seems ok, no need to include the statement of truth though. If by email or post it is needed.

[smartarse84]

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

Yes online, I shall submit now

[charitynjw]

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

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

Particulars of Claim:
Today my wife received a claim form from Northampton, In her maiden name, and in Miss not Mrs. According to her credit file, the account is closed and was opened on 15 August 2007. We have been married over 6 years, and do not recall making any payments to the outstanding debt in this time.

Stat Barred? Yes

Have sent:

Other Info:

How sure are you?