cabot financial (uk) limited vs busybeth

[busybeth]

Date of issue : 05 feb 2016
Particulars of Claim : By an agreement between Capital One and the Defendant on or around 06/04/2005 ('the agreement') Capital One agreed to issue the Defendant with a credit card. The Defendant failed to make minimum payments due & The Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1281.82

After advice on what I do next after the Basic First Steps guide, as I am a little befuddled at how things proceed..

On 13/02/16 I acknowledged the claim on MCOL - defend in full, and followed the basic guide link on this site to send CCA request to Cabot. Have proof of them receiving this on 16/02/16. 12 working days gives them until 4th March to reply.

Also sent CPR request to Mortimer Clarke Solicitors for
1.Agreement / contract,
2.Default / Termination notice and
3. Assignment
Solicitors received this on 16/02/16, and I have just received a letter off them (dated 24/02/16) The letter states:

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.
For the avoidance of doubt this firm does not hold the documentation and we have passed your request to our client who may in turn need to liaise with the original creditor.
We have been instructed to place this matter on hold while we await further instructions from our client. While on hold we will not advance court proceedings any further.

I have forwarded the letter from Solicitors to the courts, can anyone advise if I just now wait for a response from the claimant or their solicitors to provide the original CCA and requested documents?

Also, I believe that last contact / payment with original creditor was over 6 years ago, advice or help on where to send a letter requesting proof of last contact / payment, or a draft of said letter, would be greatly appreciated!!

[Kandis]

Re: cabot financial (uk) limited vs busybeth

:bump:

[nemesis45]

Re: cabot financial (uk) limited vs busybeth

aGood morning apologies it seems your thread has been missed.

Looks like you are well on course CCA & CPR 31 .14 done.
Extension granted and court informed.

Some history of the debt please.

When was the account opened?

When did payments cease exactly?

You could try a phone call to Capone to see if they can/ will give you the details.

There's a facility under the provisions of the Data Protection Act 1998 for obtaining personal data from companies
a Subject Access Request for all data the creditor holds on you/your account the problem here is that a SAR has a
40 day time scale and £10 statutory fee,
Otherwise a check on Credit Reference files may provide some data, there is a but here though all defaulted accounts
are removed from credit files after 6 years paid or not, still worth a try Noddle is a Free Online Credit Ref provider.

nem

[busybeth]

Re: cabot financial (uk) limited vs busybeth

Hi Nem,

The account was opened on or around 06/04/05.

I believe payments and contact ceased prior to January 2010, but am unsure of exact dates.

Cabot Financial have replied this week stating they have none of the requested information on file, but have requested copy of credit agreement, statement of account and original and varied T&Cs from the original lender (Capital One)

They state "Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefor contact us to set up a repayment arrangement....."

I have checked Noddle as per your suggestion, and nothing is showing (settled or outstanding) with regard to this. The only reference to Capital One, is them confirming my change of address in June 2005.

As "credit agreement is currently unenforceable" how am I "obliged to repay the outstanding balance"? - or am I not at this point?

In your opinion is it worth contacting Capital One (original lender) for SAR, or should I just hang on as Cabot Financial say they are requesting the information anyway?

Also, Mortimer Clarke Solicitors said will not advance court proceedings until they in turn hear from their clients (Cabot), so am I safe to just sit and wait?

Thanks for your advice and time!

[R0b]

Re: cabot financial (uk) limited vs busybeth

Just out of curiosity have you filed a defence? the 28 days have passed now

[nemesis45]

Re: cabot financial (uk) limited vs busybeth

Just out of curiosity have you filed a defence? the 28 days have passed now

13/02/16 R0b

nem

[busybeth]

Re: cabot financial (uk) limited vs busybeth

Hi
I contacted court just prior to 28 days being up, and explained I was waiting on contact / requested documents from claimant (Cabot), and Court advised that were aware of hold on case. (As per my original post / the Solicitors letter for 28 days I forwarded to Courts on 26/2) and that case wouldn't "move forward" at this point even if exceeded 28 days.

I have just spoken to the Courts again, explaining Claimant had still not provided requested documents and that Cabot Financial state the account is on hold until they are able to do so... I have been advised to send copy of letter to Court as part of my preliminary defence.

[Noah]

Re: cabot financial (uk) limited vs busybeth

Whatever happens you must get your defence in onetime which is any day now if my maths works i.e 5th feb +33 days + another 28 for the agreed extension

In fact I make that TODAY


If you don't get your defence in they will likely get a default judgement

- - - Updated - - -

13/02/16 R0b

nem

13/2 was the day the claim was acknowledged

[busybeth]

Re: cabot financial (uk) limited vs busybeth

Thank you for post, I was under the impression that it was simply now on hold! It was the 13/02 that claim was acknowledged, so have a few days until period ends.

I have sent to the court copies of the letters from claimant and their solicitors asking that they be submitted as preliminary defence, below is the text I sent. Can anyone advise if this is adequate at this point? Is there a standard letter that there is a link for in order to help me file further defence? Thanks.

To courts :
Solicitors Mortimer Clarke (on behalf of claimant) have failed to provide requested documents, as per CPR 31 duties.

An extension of 28 days was granted (pursuant to CPR 15.5) in order to allow me time to inspect documents mentioned in the case, however the requested documents have not been made available to myself (see attached letters from Claimant and Mortimer Clarke Solicitors)

[nemesis45]

Re: cabot financial (uk) limited vs busybeth

Thank you for post, I was under the impression that it was simply now on hold! It was the 13/02 that claim was acknowledged, so have a few days until period ends.

I have sent to the court copies of the letters from claimant and their solicitors asking that they be submitted as preliminary defence, below is the text I sent. Can anyone advise if this is adequate at this point? Is there a standard letter that there is a link for in order to help me file further defence? Thanks.

To courts :
Solicitors Mortimer Clarke (on behalf of claimant) have failed to provide requested documents, as per CPR 31 duties.

An extension of 28 days was granted (pursuant to CPR 15.5) in order to allow me time to inspect documents mentioned in the case, however the requested documents have not been made available to myself (see attached letters from Claimant and Mortimer Clarke Solicitors)

Beth, Did the court accept your letters as a defence?
It's too late to contact the court today.
So perhaps [MENTION=70064]Noah[/MENTION] c help you draft a defence to submit on MCOL this evening.

nem

- - - Updated - - -

Thank you for post, I was under the impression that it was simply now on hold! It was the 13/02 that claim was acknowledged, so have a few days until period ends.

I have sent to the court copies of the letters from claimant and their solicitors asking that they be submitted as preliminary defence, below is the text I sent. Can anyone advise if this is adequate at this point? Is there a standard letter that there is a link for in order to help me file further defence? Thanks.

To courts :
Solicitors Mortimer Clarke (on behalf of claimant) have failed to provide requested documents, as per CPR 31 duties.

An extension of 28 days was granted (pursuant to CPR 15.5) in order to allow me time to inspect documents mentioned in the case, however the requested documents have not been made available to myself (see attached letters from Claimant and Mortimer Clarke Solicitors)

Beth, Did the court accept your letters as a defence?
It's too late to contact the court today.
So perhaps [MENTION=70064]Noah[/MENTION] c help you draft a defence to submit on MCOL this evening.

nem

[Noah]

Re: cabot financial (uk) limited vs busybeth

The sample defence listed in the box &nbsp;at the top can be used as a basic defence but alter to your circumstances.<br><br>Can you remember if you applied online or through an application form you signed.<br>The online system should tell you if a defence has been submitted however it does need checking today&nbsp;<br><br><br>

- - - Updated - - -

P.s.
it is unlikely that I will have access to a computer for the rest of the day, just my phone and iPad so anything complicated may be difficult.
If you post a defence I will comment if possible although as I am not qualified I do not like to give technical advice

- - - Updated - - -

Beth
Time scales run from the date of the claim not the date you acknowledged.
So date of claim +5 days for service + 28 days + 28 days maximum extension.

[Kati]

Re: cabot financial (uk) limited vs busybeth

example defence - http://legalbeagles.info/forums/show...t-Court-Claims xx

[Ruby]

Re: cabot financial (uk) limited vs busybeth

I cannot believe I am reading all this time again with Cabot!! I thought the law was changed last year March/April that the company must have supporting paperwork before they waste court time?

On the side Busybeth, I challenged Cabot in court at the beginning of 2015 and won my case as Cabot admitted in court they did not have supporting paperwork.

It was pretty stressful at the time, as I had never been inside a court room before but I did feel vindicated when I walked out - all thanks to the lovely people on this site.

[Noah]

Re: cabot financial (uk) limited vs busybeth

Thanks Kati . Stuck on iPad tonight, left my laptop in a locked room. Can't get it till the morning now

- - - Updated - - -

I cannot believe I am reading all this time again with Cabot!! I thought the law was changed last year March/April that the company must have supporting paperwork before they waste court time?

On the side Busybeth, I challenged Cabot in court at the beginning of 2015 and won my case as Cabot admitted in court they did not have supporting paperwork.

It was pretty stressful at the time, as I had never been inside a court room before but I did feel vindicated when I walked out - all thanks to the lovely people on this site.

seems that time and time again they get default judgements. Any so called changes seem to be no more after all we wouldn't want businesses to be at a disadvantage now would we. Capitalism rocks (not)

[Ruby]

Re: cabot financial (uk) limited vs busybeth

seems that time and time again they get default judgements. Any so called changes seem to be no more after all we wouldn't want businesses to be at a disadvantage now would we. Capitalism rocks (not)

Grrr makes my blood boil!! Since our court case they have been adding interest to the default balance on my credit file every month. TBH I am beyond caring as the default falls off the credit file in a few short weeks so they can go and **** themselves.