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Hi All
Apologies in advance, I originally put this post in the wrong forum area and cant delete it!
Background:
Received a County Court Business Centre Claim form with Cabot as Claimant, Restons as solicitors, dated 1st June 2017 and the POC are as follows:
The C claims payment of the overdue balance due from the D under a contract between D and Capital One dated on or about Oct 12 2012 and assigned to C on September 20 2016,
It then gives the account number and states that the default balance is £554.62
As a result of a messy divorce with some fairly complicated finances it may well be that this is my debt. The problem is I cant recall it. I don't have a Capital One card or loan and have searched my bank statements for details of payments to them and nothing there - frankly I am not sure if it is even mine.
I suspect this is something my ex husband is responsible for as has been proven the case in other matters but right now I just do not know.
So - I Acknowledged service and said I would be filing a defence.
I sent a CPR letter to Restons on 12th June and a CCA letter to Cabot the same date. The Cabot letter had the £1 postal order and both sent recorded.
I have not had a response from Cabot.
On 26 June Restons sent me a snotty "we have a letter that purports to come from you but isn't signed etc". I replied on 27 June by recorded delivery again, essentially reminding them of the FCA rules, informing them that as per Hall v Cognos an electronic signature is acceptable and that I fully intended to defend the claim.
I filed the defence online with advice from here and have today received a letter from Restons, which in summary states the following ( my comments in red)
1.The POC has enough information for me to understand the claim - yes it does but I don't think this debt is mine!
2.Statements of account would have been sent to me on a monthly basis - not necessarily if internet account
3.The credit agreement was dated 10/10/2012-The creditor had a right of assignment and that was exercised and I should have received a letter to notify me - well I didn't?
4.Restons sent me a letter before action - they did I took no notice I must admit as I had no idea what they were on about and I didn't want to call them
5.taking all that into account we respectfully request you check your own records as all the information you need has been provided to me in the lifetime of the account - I cant have records of something I know nothing about?
6.It is their understanding a default notice was served so any argument about a non valid default notice will not assist me - I have not received anything like this that I can remember but they haven't confirmed when it was sent just that it is "their understanding"
7.They are not aware of any s77/78 request to Capquest and want evidence of that - am I obliged to send them proof. I can do of course if needed but not sure why I should do.
8.My defence has no prospect of success and they will recommend to the client that application for strike out and costs is made if I don't want this then I must fill in the N9A admission form within 14 days. I cant admit to owing something I know nothing about!
This has caused me so much stress. I would frankly rather just go to court now. Do I even need to reply to this letter from Restons at all? Is this a standard tactic from them?
If so how would you advise I reply?
xx
Apologies in advance, I originally put this post in the wrong forum area and cant delete it!
Background:
Received a County Court Business Centre Claim form with Cabot as Claimant, Restons as solicitors, dated 1st June 2017 and the POC are as follows:
The C claims payment of the overdue balance due from the D under a contract between D and Capital One dated on or about Oct 12 2012 and assigned to C on September 20 2016,
It then gives the account number and states that the default balance is £554.62
As a result of a messy divorce with some fairly complicated finances it may well be that this is my debt. The problem is I cant recall it. I don't have a Capital One card or loan and have searched my bank statements for details of payments to them and nothing there - frankly I am not sure if it is even mine.
I suspect this is something my ex husband is responsible for as has been proven the case in other matters but right now I just do not know.
So - I Acknowledged service and said I would be filing a defence.
I sent a CPR letter to Restons on 12th June and a CCA letter to Cabot the same date. The Cabot letter had the £1 postal order and both sent recorded.
I have not had a response from Cabot.
On 26 June Restons sent me a snotty "we have a letter that purports to come from you but isn't signed etc". I replied on 27 June by recorded delivery again, essentially reminding them of the FCA rules, informing them that as per Hall v Cognos an electronic signature is acceptable and that I fully intended to defend the claim.
I filed the defence online with advice from here and have today received a letter from Restons, which in summary states the following ( my comments in red)
1.The POC has enough information for me to understand the claim - yes it does but I don't think this debt is mine!
2.Statements of account would have been sent to me on a monthly basis - not necessarily if internet account
3.The credit agreement was dated 10/10/2012-The creditor had a right of assignment and that was exercised and I should have received a letter to notify me - well I didn't?
4.Restons sent me a letter before action - they did I took no notice I must admit as I had no idea what they were on about and I didn't want to call them
5.taking all that into account we respectfully request you check your own records as all the information you need has been provided to me in the lifetime of the account - I cant have records of something I know nothing about?
6.It is their understanding a default notice was served so any argument about a non valid default notice will not assist me - I have not received anything like this that I can remember but they haven't confirmed when it was sent just that it is "their understanding"
7.They are not aware of any s77/78 request to Capquest and want evidence of that - am I obliged to send them proof. I can do of course if needed but not sure why I should do.
8.My defence has no prospect of success and they will recommend to the client that application for strike out and costs is made if I don't want this then I must fill in the N9A admission form within 14 days. I cant admit to owing something I know nothing about!
This has caused me so much stress. I would frankly rather just go to court now. Do I even need to reply to this letter from Restons at all? Is this a standard tactic from them?
If so how would you advise I reply?
xx
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