Restons,Drydens,Cabot and Capital One. help needed with deffence.

[Markjamesmorris]

Hi I have received 2 claim forms from restons and drydens for old capital one debts now owned by cabot.

claim 1 from restons- issue date 05/02/16
claim 2 from drydens-issue date 08/02/16

particulars of claim

1. The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and capital one dated on or about jul 26 2000 and assigned to the claimant on sep 28 2015

ac no. ********
date item value
15/01/2016 default balance 749.21

2. the claimants claim is for the sum of £406.21 under an agreement regulated by the consumer credit act 1974, between the defendant and capital one.
acc no. **** and assigned to the claimant on 28/09/2015, notice of which has been provided to the defendant. the defendant has failed to make payment in accordance with the terms of the agreement despite requests for such.

so I have acknowleged service and believe I have until 9/3/16 and 12/3/16 to file defence? is this right?

so far ive gone it alone using the information already available here. ive sent a cca request to cabbot for both and a cpr31.14 to both. and also a letter saying I believe both debts to be statute barred. I have had reply from restons saying firstly I did not sign the letters. (my mistake) signed and returned next post, then a letter stating that they do not have to conform to CPR31.14, which I believe is fairly standard, I have replied to this with an assertation that they will need to comply. I have had no corespondance from drydens. im getting nervous now as the defence date looms. I need help with wording the defence.

thanks in advance for your help

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Evening bump. Worried in case my dates are wrong.

[nemesis45]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Hello Mark

Cabot's Cowboys again.

Your on target with the CCA requests ( don't chase them) non compliance renders the debt (s) unenforceable until the agreement (s) are supplied.

Other than non compliance with CCA requests is there anything else you can use to defend the claims?

nem

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Sorry yes I think both are statute barred, and Restons even added at the bottom of one of their letters that the contract was executed around may 2010 so that sounds like back pedaling. Yeah I'm basing my defence on statute barred with a non compliance back up. Is my calculation of the date for defence correct? And thanks for the reply.

[nemesis45]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Sorry yes I think both are statute barred, and Restons even added at the bottom of one of their letters that the contract was executed around may 2010 so that sounds like back pedaling. Yeah I'm basing my defence on statute barred with a non compliance back up. Is my calculation of the date for defence correct? And thanks for the reply.

If the account was opened ( executed) in My 2010 in England & Wales it is not statute barred.

nem

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Sorry for the confusion but the account was opened in 2000. 'On or around July 26 2000. I may have miss worded what they said but I got that they were saying I defaulted in 2010 but that's not true. They passed it to debt collectors way before that.

[nemesis45]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Sorry for the confusion but the account was opened in 2000. 'On or around July 26 2000. I may have miss worded what they said but I got that they were saying I defaulted in 2010 but that's not true. They passed it to debt collectors way before that.

Is this debt showing on Credit Reference Files? You can check Noddle Free Online.

Just for safety is the 2010 date actually the default date or could it be the date Cabot updated the credit files.

nem

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

I'll check noodle in the morning, and I'll update with the actual wording Restons used. I'm pretty sure that date is just made up.

[nemesis45]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

I'll check noodle in the morning, and I'll update with the actual wording Restons used. I'm pretty sure that date is just made up.

It's no unknown for " clerical " errors to crop up when debt purchasers update credit files!!

nem

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

That I can believe. Could you just confirm for me that I've added up the days correctly from the issue date until I need to file my defence please Nem. Cheers

[Amethyst]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

claim 1 from restons- issue date 05/02/16
claim 2 from drydens-issue date 08/02/16

Claim 1 - Defence before Wednesday, 9 March 2016
Claim 2 - Defence before Saturday, 12 March 2016

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Thanks Amethyst, could you tell I was getting a little neurotic about missing the deadline?

[charitynjw]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

If you think that both are statute-barred, & you have expressly stated as much, then it is up to Cabot/their representatives to prove that they are not SB

That said, it would be wise of you to look for evidence to support your statement.

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Quick update, checked noodle and both debts are listed, and have been updated by Cabot they are both showing default dates in may 2010 so just within the limits of being statute barred. Coincidence I think not. I believe these accounts were defaulted a while before that. But I assume this will screw my defence. Also no more replays from Restons even though I asked for the contract by return of post in my last letter and no replys from drydens either. Guess I should wait a few more days?

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

So, another interesting update. Had a letter back from Drydens yesterday that read, With regards to your CPR request, we can confirm that the case is on hold while our clients address the matter. Now is it just me or are they hoping I'll not bother to file a defence, as I did not know they could just 'put it on hold'. Any thoughts?