County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

[Angel1978]

Hi Everyone! I hope someone can help me as I have never received anything like this before.

I have today received a claim form from County Court Northampton with regards a debt from Claimant Cabot Financial (UK) Limited, solicitors are mortimer clarke and the agreement is capital one bank (europe) plc. The date on the claim is over a week old which leaves me little time to get organised.

The amount claimed including fees is £360.

I Know I have to acknowledge the claim which I am trying to do online but after that I may need some help pretty please!

Many thanks

P.S. I'm not sure if this is in the right thread so if it needs moving, please feel free. I also don't know how to upload the letter received if anyone can help with that also pls.

[R0b]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Hello,

You should read these two links below as a starting point. It would also be helpful to know some background to the claim such as when it was taken out, last payment made etc.

https://legalbeagles.info/library/gu...y-court-claim/

https://legalbeagles.info/library/gu...ledge-a-claim/

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Hello,

You should read these two links below as a starting point. It would also be helpful to know some background to the claim such as when it was taken out, last payment made etc.

https://legalbeagles.info/library/gu...y-court-claim/

https://legalbeagles.info/library/gu...ledge-a-claim/

Thank you! I was looking for some links! Just getting those letters prepared now. Details of the case are:

Capital One Credit Card
Issued 04/02/15
Defaulted 2016 (last payment made)

[Amethyst]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Had you received a letter before action before this claim ?

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Had you received a letter before action before this claim ?

I hadn't received anything prior to this.

[Amethyst]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Okay, there are new pre-action protocols ( https://www.justice.gov.uk/courts/pr...ebt-claims.pdf )which they are supposed to follow as of 1st October 2017, which, it seems, they haven't done. We can add this in when you come to defend the claim. I'm just thinking if it is worth putting something to bring this up in your request for copies of documents (CPR 31.14) letter to Mortimer Clarke.


Wonder what we can threaten them with... I don't actually think there is much on a claim of this size - the court costs aren't a lot and the interest is pretty low.

CPR

Compliance with this Practice Direction and the Protocols

13. If a dispute proceeds to litigation, the court will expect the parties to have complied with a relevant pre-action protocol or this Practice Direction. The court will take into account non-compliance when giving directions for the management of proceedings (see CPR 3.1(4) to (6)) and when making orders for costs (see CPR 44.3(5)(a)). The court will consider whether all parties have complied in substance with the terms of the relevant pre-action protocol or this Practice Direction and is not likely to be concerned with minor or technical infringements, especially when the matter is urgent (for example an application for an injunction).

14. The court may decide that there has been a failure of compliance when a party has—

(a) not provided sufficient information to enable the objectives in paragraph 3 to be met;

(b) not acted within a time limit set out in a relevant protocol, or within a reasonable period; or

(c) unreasonably refused to use a form of ADR, or failed to respond at all to an invitation to do so.

15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that

(a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction;

(b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction;

(c) sanctions are to be applied.

16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include—

(a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties;

(b) an order that the party at fault pay those costs on an indemnity basis;

(c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded;

(d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded.

I suspect

Perhaps the smart creditor ignores the Protocol, gets a quick judgment against the debtor and simply takes the costs hit as being cheaper in the long run than abiding by the Protocol. One cannot think that this was what the Rules Committee had in mind but it has its attractions.

is true in this case.

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Okay, there are new pre-action protocols which they are supposed to follow as of 1st October 2017, which, it seems, they haven't done. We can add this in when you come to defend the claim. I'm just thinking if it is worth putting something to bring this up in your request for copies of documents (CPR 31.14) letter to Mortimer Clarke.

I'm certainly very happy to have your attention and expertise in this matter, thank you. Anything you advise I'm good to follow through.

[Amethyst]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

No problem Angel. I'm thinking out loud really - these Pre Action Protoocls in debt claims are brand new so dealing with them to debtors best advantage is going to be a bit of a learning curve, I do think it's worth bringing up.

Would you be able to type out the full particulars of claim from the N1 form pls.

( leave out account number/name etc )


The CPR and CCA letters are here CCA Request Letter || CPR 31.14 Request Letter

Hang fire on the CPR one I'll have an amend for you once you've posted the Particulars of claim.

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

No problem Angel. I'm thinking out loud really - these Pre Action Protoocls in debt claims are brand new so dealing with them to debtors best advantage is going to be a bit of a learning curve, I do think it's worth bringing up.

Would you be able to type out the full particulars of claim from the N1 form pls.

( leave out account number/name etc )


The CPR and CCA letters are here CCA Request Letter || CPR 31.14 Request Letter

Hang fire on the CPR one I'll have an amend for you once you've posted the Particulars of claim.

Of course, here are the particulars of claim verbatim:

By an agreement between CAPITAL ONE BANK (EUROPE) PLC ( ) & the Defendant on or around 04/02/2015 (the Agreement), agreed to issue the Defendant with a Credit Card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due. The Agreement was assigned to the Claimant on 03/04/2017.The Defendant failed to pay & the Agreement was terminated. The CLAIMANT THEREFORE CLAIMS 1. 284. 19

I have no idea if the layout is important so I just copied how it was exactly lol.

no it's not lol, I've made it normal so I can read it

[Amethyst]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Odd

They haven't said the account defaulted but that, basically, the agreement was assigned to Cabot and THEN cabot terminated it due to lack of payments.... which I don't believe to be correct. I think it's just trying to get around having to provide a default notice.

Do you recall defaulting on the account or how things ended with Capital One ?

Your name
Your address
Your postcode



Date



Claimants name
Claimants address
Claimants postcode




Dear Sirs,
Claim Number: XXXXXX
Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I was suprised to have received a County Court claim from your client, Cabot Financial (UK) Ltd. I have not previously received any communication from your client relating to the alleged debt, in particular your client has failed to comply with the Pre-Action Protocol for Debt Claims which came into force on 1st October 2017. I will be bringing this failure to the Court's attention.

I have acknowledged the claim through the court indicating my intention to defend in full. and in order for me to consider my full response to the claim I require inspection of the limited documents you mentioned in your statement of case;

1: The Agreement and Terms & Conditions.

I also request copies of any Notice of Assignment of the alleged agreement to your client by Capital One Bank (Europe) and a copy of any default or termination notice issued by either your client or the original creditor.

For your information, I have sent a formal request ( with the statutory fee of £1) for a copy of documents pursuant to the Consumer Credit Act 1974 section 78 to your client.

In addition, I would be grateful if you could confirm to me the current Financial Conduct Authority authorisation status of your client as I am unable to locate their details on the FInancial Services register.

I look forward to hearing from you.

Yours sincerely
Your Name

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Odd

They haven't said the account defaulted but that, basically, the agreement was assigned to Cabot and THEN cabot terminated it due to lack of payments.... which I don't believe to be correct. I think it's just trying to get around having to provide a default notice.

Do you recall defaulting on the account or how things ended with Capital One ?

[/I][/B][/COLOR]
[/LEFT]
[/COLOR]

This time is a little hazy to me as my dad passed away and I lost my job, all in the space of a month. I recall getting emails from capital one saying that I hadn't paid and how much I'd need to pay to get the account back into good standing but I don't recall any letters. Again, they may have arrived but I was in no fit state to deal with any if it and they would have ended up in the bin I'm afraid.

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Received a claim? Yes
Issue Date: 15.11.17
Amount approx: £285 + £50 costs
Claimant: Cabot Financial (UK) Ltd
Solicitor: Mortimer Clarke Solicitors Ltd
Original Credit: Capital One

Particulars of Claim:

By an agreement between CAPITAL ONE BANK (EUROPE) PLC ( ) & the Defendant on or around 04/02/2015 (the Agreement), agreed to issue the Defendant with a Credit Card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due. The Agreement was assigned to the Claimant on 03/04/2017.The Defendant failed to pay & the Agreement was terminated. The CLAIMANT THEREFORE CLAIMS 1. 284. 19

Stat Barred? No

Have sent: Acknowledged the Claim, CPR, CCA

Other Info:

I have received 0 communications from Mortimer Clarke since sending my requests in.

Cabot Financial sent me a 'sending your account to an external dept collection company' letter but nothing else from them acknowledging the letters or anything.

I am due to put my defense in today or tomorrow and am unsure what to do with 0 communication.

Thoughts pls?

[Amethyst]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Have a read through the example defence here -> http://legalbeagles.info/library/gui...-court-claims/ - it accounts for the claimants being a bit pants and supplying no documents so you should be okay amending that to suit your case xxxx

What 'external debt collection company' are Cabot sending the case to ? or was that a copy of a letter sent by Capital One originally ?

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Thanks for the super fast reply Amethyst. Will get on that link now.

The letter from Cabot may have crossed over with my letters but it's a bit strange to send it with Court Action Pending. It reads:

As we still have not been successful in finding an approprioate solution, we are considering sending your account to an external debt collection company and urge you to contact us within the next 14 days.

Is there anything else we can do to answer your questions or to help with your account?

-If your circumstances allow, we may be able to offer a discount that would allow you to be completely free of this debt.
-If you can't afford to do this then we can look to arrange a suitable monthly repayment plan, over a long er term that suits your situation.

Please contact us as soon as possible as your account could be send to an external debt collection company.

Isn't this bad form considering by the time they sent this letter court action has begun? Date of letter is 26.11.17.

[Amethyst]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Arse/Elbow by the sounds of it - I'd just file it away with your court claim stuff for now - you can bring it up as example of their idiocy later on in Witness Statements, as well as their blatant disregard for pre-action protocols....

for now though get your defence written up

What's your position on this btw - if they did pop up with all the right documents etc will you be able to get it paid off within a month ? ( not worth having a CCJ against you for 6 years for £300 ) or are you going to have to negotiate settlement at £xx a month without a judgment being applied ? ( just so we know how far you want to push it IF they do get their eggs in the right baskets and send you the correct documents )