Court Claim - cabot financial (uk) limited / capital one - 5-2-2016

[sad]

Cabot Financial have referred my account to Mortimer Clarke Solicitors. Mortimer Clarke have now sent me a letter to inform me that they are start court proceeding against me. What can I do HELP

[Kati]

Re: help

Cabot Financial have referred my account to Mortimer Clarke Solicitors. Mortimer Clarke have now sent me a letter to inform me that they are start court proceeding against me. What can I do HELP

to LB Sad

can you give us some more details so the knowledgeable Beagles can advise??

• What sort of account (loan/credit card etc...)?
• Original creditor?
• When Cabot were assigned the account?
• When you last paid/acknowledged the debt in writing?

[sad]

Re: help

Hi every one hope some one can help me. The default date was 30/4/2011 by Mbna credit card. The start date was21/4/2008 updated 16/12012. Mbna sold to Cabot who done a trace enquiry on the 26/9/2015. Not long after that I started getting letters off them.

[sad]

Re: help

what can should I do about Mortimer Clarke as I have not acknowledged them yet. Will they give me a CCJ ?. I really do not know what to do for the best.

[charitynjw]

Re: help

Hi sad

Have you had a court claim form yet? If so:-

First, go to
http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Complete the 'form' & then read the 'read this' (lol, it will become clear when you follw the link, honest!)

All the template letters are in the green box at the top of the thread.

If not, please answer Kati's questions (above)

[sad]

Re: Received a court claim ?

Help I have stated to fill in the money claim form and got as far as this but I am not sure what to put in this. (Please state your defence in a maximum of 122 lines in the box below) The particulars od claim are as follows (by am agreement between capital one and the defendant on or around 04/02/2010 the agreement capital one agreed to issue the defendant failed to make the minimum payments due and the agreement was terminated. the agreement was as signed to the claimant CABOT

[sad]

Court Claim - cabot financial (uk) limited / capital one - 5-2-2016

Received a claim? Yes
Issue Date: 5-2-2016
Amount approx: 34024.16
Claimant: cabot financial (uk) limited
Solicitor: mortimer clarke solicitors ltd
Original Credit: capital one

Particulars of Claim:
an agreement between capital one and the defendant on or around 04/02/2010 an agreed to issue the defendant with a credit card. the defendant failed to make the minimum payments due and the agreement was terminated. the agreement was assigned the claimant . the claimant therefore claims

Stat Barred? Yes

Have sent:

Other Info:
I have not responded to any thing I have received from cabot or mortimer

[Kati]

Re: Court Claim - cabot financial (uk) limited / capital one - 5-2-2016

First Steps - http://www.legalbeagles.info/forums/...it-Court-Claim

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Court Claim - cabot financial (uk) limited / capital one - 5-2-2016

Good morning Sad
Things to do,
1. A request to Cabot for a copy of the agreement (CCA request) Use the template
from the forum library. A £1 statutory Fee is payable us a postal order endorsed
" for statutory fee only" Cabot has 12 +2 Working Days to comply.
Send this by signed for post.

2. A request the solicitors for copies of the documents mentioned in the
statement of claim. (CPR31.14 Request NO FEE) i.e. The Agreement, Notice of Assignment
and Termination Notice.
There's template for this s well in the forum library.

I am concerned re your point that this alleged debt is statute barred as the account
was opened 6 years ago?
The 6 year period would start after the last payment .default/ date In England /Wales
5 year in Scotland.

I am away now until approx. 1630 today, but will check on your thread when I get back.

nem
When was the last payment or acknowledgement made?
When was the account defaulted>

[Amethyst]

Re: Received a court claim ?

I've merged your threads Sad as things seem to be a bit confused, so lets sort out what the actual claim is about before going forward - you've already acknowledged with intent to defend so there's no rush to get the CCA and CPR letters ( as n the first steps thread) off xxx

So, you have had a claim from Mortimer Clarke for Cabot

by an agreement between capital one and the defendant on or around 04/02/2010 the agreement capital one agreed to issue the defendant failed to make the minimum payments due and the agreement was terminated. the agreement was as signed to the claimant CABOT

But your credit file says the account was opened in 2008 and defaulted in 2011. It could be that cabot only just checked the credit file before issuing the claim and just took 6 years as the start date.

The default date was 30/4/2011 by Mbna credit card. The start date was21/4/2008 updated 16/12012. Mbna sold to Cabot who done a trace enquiry on the 26/9/2015.

Which dates do you think are right, you took the card out in 2008, stopped paying in 2011? What does your credit file say next to the 16/1/2012 date ?

Also can you let us know how much the claim is for please as

Amount approx: 34024.16

seems to be quite high for a capital one credit card ?

Once we know those bits sorted we'll be help to help you get this sorted out xxxx

Sharon
xx

[MIKE770]

Re: Court Claim - cabot financial (uk) limited / capital one - 5-2-2016

could the 3 be £ sign by mistake

[Noah]

Re: Court Claim - cabot financial (uk) limited / capital one - 5-2-2016

I am truly confused as this seems to be two threads not one. The first few posts refer to an MBNA card while the second few refer to a Capital one card .

With regard to the capital One card , it does seem like an awful lot of money so is it, as Mike has suggested, a typo

[Amethyst]

Re: Court Claim - cabot financial (uk) limited / capital one - 5-2-2016

I'm confused too... so just needs sorting out when Sad comes back on xxxx

[charitynjw]

Re: Court Claim - cabot financial (uk) limited / capital one - 5-2-2016

I'm confused too... so just needs sorting out when Sad comes back on xxxx

Probably getting mixed up if he/she is dealing with more than one claim at a time; it can get awfully confusing!