Cabot Financial v s)cceram

[s)cceram]

Received a claim?
Issue Date: 07/11/2016
Amount approx: 748.69
Claimant: Cabot Financial
Solicitor: Mortimer Clarke Solicitors - BN11 1QP
Original Creditor: Capital One
Particulars of Claim: Please type out in full excluding names/account numbers
By an agreement between Capital One & the defendant on or around 28/04/2008 ('the agreement') Capital One agreed to issue the Defendant with a credit card. The defendant failed to make the minimum payments due & the agreement was terminated. The agreement was as signed to the claimant. THE CLAIMANT THEREFORE CLAIMS 618.69

Is the debt Statute Barred? dont think so
List any letters you have sent: Have prepared CCA to send to both with £1 postal order and CPR to Solicitor.

Any Other Info: I called solicitor for the agreement number as it was not on the claim, they have provided me with this. I also registered and chose to defend the case.

I do know about this debt and as i have moved a lot over the years, it appeared to have gone away. My father got some letter recently but he RTS all of them wihtout openening. It is a small debt and i could probably pay most of this straight away although i would prefer to spread it out. What is important is that i dont get a CCJ, my credit is improving and i am due to buy a new home in the new year, this will cripple me for another 6 years. Also i am an account manager and checks are made as part of my job. Some of my clients perform security checks and i know debt shows up.

Please help.

[nemesis45]

Re: Cabot Financial v s)cceram

Good morning, welcome to LB.

When exactly did payments cease?
Have you checked your credit reference files for this debt? If not Noddle and Clear are free online.
I would expect the account to be showing as defaulted, which would already affect you credit " score" , in the alternative if the account was defaulted
more than 6 years ago it will no longer be recorded.

You need now to send Cabot Financial a request for a copy of the Cap one agreement (CCA request) there is a£1 statutory fee for this use a Postal Order and mark it " For Statutory Fee Only" . Just so they don't allocate the fee as payment to the debt.

What have you requested via the CPR request.



nem

[s)cceram]

Re: Cabot Financial v s)cceram

Thank you, my report show an agreed payment in Jan 2011, the default was due to come off my file in Feb 2017 so it appears they have taken this to court just before the SB 6 years.

I got claim form yesterday and have already printed out the letters to send, CCA to both and CPR to the solicitor (with £1 postal order in both).

Thanks Nem.

[Stu]

Re: Cabot Financial v s)cceram

Thank you, my report show an agreed payment in Jan 2011, the default was due to come off my file in Feb 2017 so it appears they have taken this to court just before the SB 6 years.

I got claim form yesterday and have already printed out the letters to send, CCA to both and CPR to the solicitor (with £1 postal order in both). The CPR request does not require a fee...

Thanks Nem.

..........

[s)cceram]

Re: Cabot Financial v s)cceram

Thank you Stu

[Stu]

Re: Cabot Financial v s)cceram

Your welcome buddy get the CCA request out asap and if it never comes about it can't be legally forced through the court... although the debt would still exist...

[nemesis45]

Re: Cabot Financial v s)cceram

Thank you, my report show an agreed payment in Jan 2011, the default was due to come off my file in Feb 2017 so it appears they have taken this to court just before the SB 6 years.

I got claim form yesterday and have already printed out the letters to send, CCA to both and CPR to the solicitor (with £1 postal order in both).

Thanks Nem.

Hi,

PO only to Carboot CPR31.14 has no fee .

nem

[s)cceram]

Re: Cabot Financial v s)cceram

Hi all, thanks for your help on this.. has really helped.

Wanted to provide an update and hopefully close this.

I got letters back from the solicitor and Cabot who said the debt wasnt theirs and they would need to request it, as such they understand terms but would like to be given 40 days to find this info. This has surpassed 40 days and i wondered if there is any other action for me? Do i just wait? Do i request it to be struck off?

Sorry for spelling, on mobile and the text box is rather small.

Kr,
James

[charitynjw]

Re: Cabot Financial v s)cceram

Hi James

Did you file a defence?

[s)cceram]

Re: Cabot Financial v s)cceram

Apologies.. yes, filed a defense and got a letter from the court and the solicitor. Then sent the letter with the PO, got responses from solicitor and Cabot as mentioned.. nothing at all since

[charitynjw]

Re: Cabot Financial v s)cceram

Once your defence is received & accepted by the court, the Claimant is notified by the court & often is ordered to respond to the defence within 28 days.
If so you are normally advised of this by the court.
Did you receive any info re this?

[s)cceram]

Re: Cabot Financial v s)cceram

I had the initial notification and the court said the claimant would be in touch.. which they did and although they stated the 12 days, they said it would take 40. I have had nothing since, from anyone.

[charitynjw]

Re: Cabot Financial v s)cceram

Phone the court to check on the current status of the claim.