I received a county court claim form from Cabot. I entered to defend this as I have never had a capital one credit card. I have previously requested cca documents in 2011 to which the account was put on hold from a debt collection called fredrickson international I still have the letters dated 06 July 2011. Then on 12 July 2011 I received a letter from capital one stating that they had received my cca request and would to be able to assist but as I didn't sign my letter they cannot confirm my identity. I did not sign on purpose but printed my name instead as I know they do not have my signature and did not want them to have it. Then I didn't hear nothing for over 4 years then I get a claim form from county court business centre. I'm a little bemused and concerned as getting court forms through the post has started to worry my wife. Wright hassall claim I took out a capital one credit card on 24/05/2010?? I have now had a letter from Wright hassall saying they do not accept my defence and have written to the court to inform them to progress to a final hearing. Also saying they are in contact with their client to obtain documents and that a s77/s78 cca request was made. I'm just looking for some advice to ease my wife's concerns. I pretty sure that this is just threatening behaviour to cause stress and force people to admit debts just to make them stop harassing them. Any advice is greatly appreciated.
Claim form received from Cabot and Wright hassall
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Re: Claim form received from Cabot and Wright hassall
Good morning, welcome to LB,
Claim received and acknowledged. good.
Have you sent a CCA request to Cabot ? Rather than WH to whom
you should have sent a request under Civil Procedure Rule 31.14.
Ok never had a Capone card, is an account number mentioned in the
statement of claim?
I suggest that you make a call to Cap one on Monday to see if they can clear up the fact you have never
had a card.
Is this account showing on your credit files, you can check Noddle free online.
I'm sorry to say that Cabot is extremely litigious and will pull all sorts of "dirty tricks " when making a claim.
I do know from experience from here and information from elsewhere that a large number of these Cap one
debts are statute barred of have no paperwork to back up a claim.
There is no need by the way to withhold a signature on a CCA request although is not needed a creditor has
to ensure that documents are disclosed only to the person entitled to have them,
nem
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Re: Claim form received from Cabot and Wright hassall
Hi Nem, thanks for the reply, how do I send Wright hassall the civil procedure rule 13.14. ? I have just started to get a cca request written but I can't find a recent link for a template, could you add one for both please if that's ok? I have shown my wife many posts about these companies and she seems to be a little less worried but really want to nip this in the bud as we have just found out she is pregnant 😊😴😃 many thanks!!
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Re: Claim form received from Cabot and Wright hassall
Originally posted by Noah View PostMarc
Links for both a CCA request and CPR 31.14 (not 13.14) are in the green box at the top of this page
Remember
CCA to owner of debt fee of £1
CPR to the solicitors no feeCAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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