Cabot Financial (UK) Limited vs frostyboy21

[frostyboy21]

So I have received the following CCJ information from Mortimer Clarke Solicitors:

Issue Date:
Amount approx: £1323
Claimant: Cabot Financial (UK) Limited
Solicitor: Mortimer Clarke Solicitors
Original Creditor: Capital One Bank (Europe) PLC
Particulars of Claim: By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 06/08/2008 ('the Agreement') CAPITAL ONE BANK (EUROPE) PLC 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 assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1223.29
Is the debt Statute Barred? Not too sure
List any letters you have sent: CCA request
Any Other Info: This account was opened on 6th August 2008. It moved to default on the 2nd January 2010. The default balance was £2236. It should have been reported until January 2016 my file says. However I agreed to a capital reduction of 50% of the balance and made payment which I was told would be acceptable and the account would close. Then out of the blue I received communication from Mortimer Clarke, and also then a CCJ form from County Court Business Centre.
I have followed steps on the forums, and done acknowledgement of Service, and CCA forms. Whilst I don't dispute that I had the original debt I agreed with them to pay a proportion but they are now coming calling. Thanks in advance.

[warwick65]

Re: Cabot Financial (UK) Limited vs frostyboy21

Hi

You are not alone in receiving claims as I am sure you will see.

There are a few things you need to do

You say you have acknowledged service- thats good

You have sent the CCA request - was that to Cabot and did you include the £1 fee. Also did you send it by royal mail signed for?

have you sent the CPR 31,14 request to the claimants solicitors
CPR 31.14 Request

You can ask for
the agreement
the termination notice
The notice of assignment
the deed of assignment

There is no fee for this but send it via royal mail signed for

I would also send a Subject Access Request to Capital One - there is a £10 fee for this one

Here is the letter I used

Dear Sirs
Ref: xxxxxxxx
Subject Access Request - S.7 Data Protection Act 1998
Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.
Yours faithfully,

When I sent my SAR , Capital One did not send me everything I asked for so I followed it up and got copies of all statements from all accounts- one that was closed and one I had forgotten about

[warwick65]

Re: Cabot Financial (UK) Limited vs frostyboy21

To continue

Who did you make the agreement with for the full and final settlement ?

Was it capital One or Cabot or someone else

If it was Cabot I would be sending a SAR to that company as well.

Did you get their agreement in writing?

If it was done over the phone I would specifically ask for details of all phone calls over the approximately time
[MENTION=49370]Kati[/MENTION] could you move this to the correct forum
[MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION]

Any thoughts or questions I have missed

[charitynjw]

Re: Cabot Financial (UK) Limited vs frostyboy21

The most obvious question would be who did you make the f&f agreement with?
And do you have verifiable proof?

2 obvious questions.

[Kati]

Re: Cabot Financial (UK) Limited vs frostyboy21

@kati could you move this to the correct forum

sorted xx

[frostyboy21]

Re: Cabot Financial (UK) Limited vs frostyboy21

Many thanks, I hadn't sent this letter but will certainly do so now! I did send postal order with CCA request sent recorded and will do so with the SAR! Really appreciate you taking the time to help!

- - - Updated - - -

It was so long ago I think it was Cabot so have popped the SAR to them as well! I think all was agreed over phone so will ask for those records as well thank you for your time and sorry a little woolly!

- - - Updated - - -

To continue

Who did you make the agreement with for the full and final settlement ?

Was it capital One or Cabot or someone else

If it was Cabot I would be sending a SAR to that company as well.

Did you get their agreement in writing?

If it was done over the phone I would specifically ask for details of all phone calls over the approximately time
[MENTION=49370]Kati[/MENTION] could you move this to the correct forum
[MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION]

Any thoughts or questions I have missed

It was so long ago I think it was Cabot so have popped the SAR to them as well! I think all was agreed over phone so will ask for those records as well thank you for your time and sorry a little woolly!

[warwick65]

Re: Cabot Financial (UK) Limited vs frostyboy21

Just so you are aware
Capital One just sent me a bog standard response with a letter saying
'

'this is what we find most customers want , if you want more please contact us again'

At that point I did and it showed some really interesting stuff which I am hoping I can use in my defence but I don't want to post on here