Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

[carlos1867]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

SAR they have 40 days to supply info, send Recorded delivery £10 fee

Thanks, so that's letter to Cabot and Mortimer. & Clarke (as per templates above), and SAR to Capital One. Will draft those tonight.

[carlos1867]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

Well Capital One could have registered the default late (January 2012) so that doesn't clarify when the Default Notice was issued/served or the remedy date required, and it doesn't give any clues as to when the last payment was made. See what information comes back in your SAR before losing heart in the SB argument.

It's early days and you haven't yet sent them a s 77-79 CCA Request which they'll have to comply with in order to be able to enforce the debt in court so I expect you'll be able to file a Defence by the deadline (33 days from the claim Issue Date).

If they decide to continue with the proceedings and inform the court of their intention within 28 days of receiving your Defence, then you'll be sent a Directions Questionnaire giving you the opportunity to tick the box for free telephone Mediation if you want to settle (and if they're happy to mediate too).

I would wait to see how events unfold in the next couple of weeks before deciding what's the best way forward for you.

One thing I am curious about is if the account was defaulted in January 2012 but not assigned to Cabot until September 2015, what was going on for those four years? Did you ever enter a DMP or could the account have been assigned to someone else before Cabot? Or was the account just left languishing for all that time?

Have you received an annual Notice of Sums in Arrears (s86) since the account defaulted?

Di

I assume there's no need to do anything with the defence until just before the 33 days have elapsed (18th Dec?).

No DMP ever entered in to and am not aware of any other company involved (though that is possible).

Again, not received an annual notice that I'm aware of. Although something similar to this has been sent with the letter before action.

[MIKE770]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

defence suggest the day before due just in case MCOL site down?

[carlos1867]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

defence suggest the day before due just in case MCOL site down?

Good point. Without getting ahead of myself, the Asian of the defence will depend on what info is received over the next 2 weeks?
Worst case scenario, case is defended and lost, the amount claimed for has to be paid - no additional amount can be added on?

[MIKE770]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

up to a judge but if lost attendance for the day cost to other side comes to mind .?

[carlos1867]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

up to a judge but if lost attendance for the day cost to other side comes to mind .?

Cheers. Know am prob getting too far ahead of myself. Will see what the next couple of weeks brings and what info is received

[carlos1867]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

Hi all, thanks for the guidance so far.

Have returned home from work today to a letter from Mortimer Clarke (will attempt to upload later, posting this from my phone and not sure how to!).

'We acknowledge your request for documentation pursuant to CPR 31.14.
CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.
We believe that you may have already 'inspected' the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.
We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.
We acknowledge your request for documents pursuant to Section 77-79 of the Consumer Credit Act 1974.
For the avoidance of doubt, this firm acts on its clients instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.
In the meantime, the matter has been placed on hold and no further action will be taken.
Yours faithfully'


Thiughts on the letter and any response? Do I have to tell them what documents I have (very little is the answer!), or would it be wise to answer?
Defence has to be filed by the 18th (if my dates are correct)

[warwick65]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

It is, Imo a ploy by them to get you to disclose which you don't have to do.

One option is ignore, the request is still valid, the other is to respond saying the request is valid snd any documents which may, or may not have been sent is in invalid.
[MENTION=87380]Diana M[/MENTION] any ideas

[carlos1867]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

It is, Imo a ploy by them to get you to disclose which you don't have to do.

One option is ignore, the request is still valid, the other is to respond saying the request is valid snd any documents which may, or may not have been sent is in invalid.
@Diana M any ideas

I must admit, I did wonder whether it was a ploy to get me to show my hand and trying it on a little.
My initial thought was to ignore it, and submit my defence in due course, but didn't know whether this may look bad on my part by not communicating with them.

[warwick65]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

Lets just hang fire a bit and see what others say

Tactics are everything but most certainly you are under no compulsion to tell them what dos you may or may not have

It is up to them to demonstrate you did receive compliant documents and to do this they need to show what you would have received

Lets face it, if you were in criminal court charged with a crime you would not say haha actually I did this that and the other as well - well at least not without getting legal advice

[MIKE770]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

the old one - you should have these documents bla bla, they know they have to conform if not now later in proceedings.

[Diana M]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

My initial thought was to ignore it, and submit my defence in due course, but didn't know whether this may look bad on my part by not communicating with them.

I think your initial thought is right.

You are not obliged to reply to every letter sent. You are not obliged to disclose any documents in your possession unless ordered to do so by the court which is unlikely in this case (£800 so not going to be allocated to the Fast Track).

Be pleased that they’ve sent you a letter acknowledging your CCA and CPR 31.14 Requests and admitting that they don’t have the documents they need to prove their claim in their possession.

File and serve your Defence on time regardless of their “on hold” Statement.

Di

[carlos1867]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

I think your initial thought is right.

You are not obliged to reply to every letter sent. You are not obliged to disclose any documents in your possession unless ordered to do so by the court which is unlikely in this case (£800 so not going to be allocated to the Fast Track).

Be pleased that they’ve sent you a letter acknowledging your CCA and CPR 31.14 Requests and admitting that they don’t have the documents they need to prove their claim in their possession.

File and serve your Defence on time regardless of their “on hold” Statement.

Di

Thanks for the comments and guidance everyone. Guess I'll sit tight and see what the next 10 days or so brings before filing defence.

As an aside, loving the site! Does paying to become a VIP member contribute towards the running of the site?

[MIKE770]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

donations run the site

[carlos1867]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017

Update - response received from Cabot saying they don't have the documents requested and have requested from original creditor. Aim to get these to me within 40 days.

So, I'll prepare my defence over the next few days. Probably a daft question, but I can use Statute Barred as a defence, alongside not having the documentation? (I.e. That wouldn't lead to a question being asked of how I can claim SB without knowing the details of the alleged debt?).