Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

[Grants]

Received a claim? Yes
Issue Date: 11-2-2016
Amount approx: 2600
Claimant: Cabot Financial (UK) Limited
Solicitor: Wright Hassal LLP
Original Credit: Capital One

Particulars of Claim:


Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
I have completed an acknowledgement of service online and prepared the CCA request to send tomorrow. I'm unsure about the CPR 31.14 request as the template states I should only request documents mentioned in the claim but I'm not entirely clear on what is mentioned.

I have checked my records and the last time I made a payment to Capital One was September 2009. I have had no communication with them or any assignees since.

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Particulars of claim seem to have disappeared when I posted. The claim reads...

The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The Claimant is an Assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Capital One. Account no. 546097586384XXXX £2567.86. Despite demands for payment, the above sums remain due. The Claimant therefore claims the sum of £2567.86 interest under s.69 County Courts Act 1984 and costs.

Thanks,
Grant

[Kati]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

:bump: for [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] xx

[Kati]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

I have completed an acknowledgement of service online and prepared the CCA request to send tomorrow. I'm unsure about the CPR 31.14 request as the template states I should only request documents mentioned in the claim but I'm not entirely clear on what is mentioned.

Particulars of claim seem to have disappeared when I posted. The claim reads...

The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The Claimant is an Assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Capital One. Account no. 546097586384XXXX £2567.86. Despite demands for payment, the above sums remain due. The Claimant therefore claims the sum of £2567.86 interest under s.69 County Courts Act 1984 and costs.

Thanks,
Grant

looks like you can request the agreement(s) and notice of assignment xx

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

[MENTION=49370]Kati[/MENTION]

Ok to sub, please?

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Thanks Kati, my draft CPR request mentioned the agreement and notice of assignment but I was unsure if I was right because their claim says agreements (plural) and seems very vague.

I'll get it typed up now.

Thanks,
Grant

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Thanks Kati, my draft CPR request mentioned the agreement and notice of assignment but I was unsure if I was right because their claim says agreements (plural) and seems very vague.

I'll get it typed up now.

Thanks,
Grant

But there's only one debt listed on the PoC.

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

I've prepared the CCA and CPR 31.14 letters and will post them on a signed-for service tomorrow.

Even though I believe the debt is Statute Barred, I presume I should delay filing a defence until the last possible date, pending any responses from Cabot or Wright Hassall?

Thanks,
Grant

[Kati]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

I've prepared the CCA and CPR 31.14 letters and will post them on a signed-for service tomorrow.

Even though I believe the debt is Statute Barred, I presume I should delay filing a defence until the last possible date, pending any responses from Cabot or Wright Hassall?

Thanks,
Grant

yup :nod: xx

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hello Grant,
This " agreements " bit is Wright Hassle bit of nonsense
arisen I believe from when they were dealing with card
a debts taken over by another provider e.g. EGG/ Barclaycard
and no one has bothered to change the template.

Have you had any previous contact from Cabot and or WH?
Do you know when the account was defaulted?
Does it appear on your credit files?

nem

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

I've not spoken to Cabot or WH before.

I'm checking my credit file and will let you know what I discover regarding default.

My last payment/contact with Capital One was September 2009. I was left in a difficult situation following a bad relationship and pretty much buried my head in the sand over everything that didn't involve keeping a roof over my head or getting me to work.

Thanks,
Grant

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

I've not spoken to Cabot or WH before.

I'm checking my credit file and will let you know what I discover regarding default.

My last payment/contact with Capital One was September 2009. I was left in a difficult situation following a bad relationship and pretty much buried my head in the sand over everything that didn't involve keeping a roof over my head or getting me to work.

Thanks,
Grant

Ok Grant, give me a nudge when you have the info.

nem

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Ok Grant, give me a nudge when you have the info.

nem

Hi Nem,

Sorry to take so long to reply, I've been doing long shifts all week.

I've viewed my Statutory Credit Report from Experian and there's no mention of Cabot or Capital One. Should I be checking anywhere else?

Since I started trying to get myself back on track I've kept fairly detailed budgets, so can be confident I haven't had any contact with Capital One since September 2009.

I've received a letter from Wright Hassall stating that the claim is likely to be allocated to the small claims track but to comply with their disclosure obligations they have requested copies of the documents from their client. They also remind me that this doesn't change the time for me to respond to the claim.

I've had no response from Cabot (they would have received my letter on Tuesday).

I've made a lot of effort to settle everything since September 2009 so am fairly sure that this must be Statute Barred but am worried by Cabot's willingness to go to court. Is there anything else I can do to find out about this?

Any advise would be really appreciated.

Thanks,
Grant

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Hi Nem,

Sorry to take so long to reply, I've been doing long shifts all week.

I've viewed my Statutory Credit Report from Experian and there's no mention of Cabot or Capital One. Should I be checking anywhere else?

Since I started trying to get myself back on track I've kept fairly detailed budgets, so can be confident I haven't had any contact with Capital One since September 2009.

I've received a letter from Wright Hassall stating that the claim is likely to be allocated to the small claims track but to comply with their disclosure obligations they have requested copies of the documents from their client. They also remind me that this doesn't change the time for me to respond to the claim.

I've had no response from Cabot (they would have received my letter on Tuesday).

I've made a lot of effort to settle everything since September 2009 so am fairly sure that this must be Statute Barred but am worried by Cabot's willingness to go to court. Is there anything else I can do to find out about this?

Any advise would be really appreciated.

Thanks,
Grant

Good morning Grant,

Cabot nd their various tame solicitors will take everything to the wire in the hope that defendants will be scared off and pay up without a fight.

You must complete all forms you receive from the court and return them as directed by the court, if you don't the claimant can/will apply for judgement.

I agree it certainly seems that this is statute barred as said Cabot et al will give the impression that all is well from their point of view to chivvy you into paying.
nem

[Grants]

Re: Court Claim - Cabot Financial (UK) Limited / Capital One - 11-2-2016

Good morning Grant,

Cabot nd their various tame solicitors will take everything to the wire in the hope that defendants will be scared off and pay up without a fight.

You must complete all forms you receive from the court and return them as directed by the court, if you don't the claimant can/will apply for judgement.

I agree it certainly seems that this is statute barred as said Cabot et al will give the impression that all is well from their point of view to chivvy you into paying.
nem

Thank you.

I'll make sure I get my defence filed in time. Having read some other threads, I'm assuming I should refer to more than one thing, i.e Statute Barred, no docs from Cabot or their solicitor.

Also, can I safely file my defence once the 12 + 2 days are up for documents or should I wait until the last possible minute?

Thanks again.
Grant