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

[carlos1867]

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

[MENTION=98117]warwick65[/MENTION] sorry for tagging you in but noticed you've been active the past couple of days. Do you have any thoughts on responding to the letter from MC claiming a payment was made in March 2012? Is it a wise idea to get in to correspondence with them?

[warwick65]

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

Hi
So they haven't supplied an agreement or a default notice yet. Did you SAR capital one, this will tell you when a DN was sent etc.
I would not contact MC about the payment. You could include details of proof in your WS if it gets that far.

See what others say when the forum livens up and the hangovers have gone

[sloane82]

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

Best thing to do is get a subject acess request you will have to pay 10 for this get all information from Capital one and Mortimer Clarke after 6 years the debt will be statute barred. did you make any payments? did you have PPI on the account?

[carlos1867]

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

Hi
So they haven't supplied an agreement or a default notice yet. Did you SAR capital one, this will tell you when a DN was sent etc.
I would not contact MC about the payment. You could include details of proof in your WS if it gets that far.

See what others say when the forum livens up and the hangovers have gone

Nope, no agreement or default notice received. SAR was sent to Cap One, though still within the 40 day period currently (didn't send this off at the same time as the letters to MC and Cabot).

Thanks for comments. Appreciate it's quiet due to time of year. We've still got the new year hangovers to come yet aswell!

- - - Updated - - -

Best thing to do is get a subject acess request you will have to pay 10 for this get all information from Capital one and Mortimer Clarke after 6 years the debt will be statute barred. did you make any payments? did you have PPI on the account?

SAR has been sent to Cap One, awaiting info back. I honestly don't recall making a payment, especially not on the date given. I had 2 differently bank accounts back then, so going to contact them to see if any payment made on that specific date.
Re PPI, I don't think I will have had it, but couldn't say for definite. Guess the SAR will show this too

[warwick65]

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

Best thing to do is get a subject acess request you will have to pay 10 for this get all information from Capital one and Mortimer Clarke after 6 years the debt will be statute barred. did you make any payments? did you have PPI on the account?

Post #1 stated a claim has already been issued so any thoughts about the debt becoming SB are irrelevant
If you took time to read the thread you would see there is some argument around a payment although quite frankly unlikely to make much of a difference to SB

[carlos1867]

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

Post #1 stated a claim has already been issued so any thoughts about the debt becoming SB are irrelevant
If you took time to read the thread you would see there is some argument around a payment although quite frankly unlikely to make much of a difference to SB

Yep, there's no chance of it becoming SB. It either already is or isn't. And the general consensus seems to be that it isn't due to the date of the DN on credit file. However I do find it intriguing that MC state in their correspondence that written acknowledgment or payment in effect reset the clock. No mention of the date of DN....

[warwick65]

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

Hi Carlos
It is probably just a generic template response saying a payment has been made which resets the clock. It constantly amazes me how some of these firms accuse defendants of finding templates on the internet and then roll out templates themselves

[carlos1867]

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

I have noticed that already, from the few letters that I've received from them. Can imagine it being a programme they use with selectable paragraphs to insert in to the letter. Very little individualisation

[Diana M]

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

am thinking of sending a letter to MC today, asking for info on the alleged payment being made (e.g., amount, date, how paid). Maybe a daft question, but if I send this, it won't be detrimental in anyway will it, such as classing as written acknowledgement of the debt?

Have you considered whether sending a Part 18 Request may be helpful to your case?

You can read about this tactic on Page 4 here > https://goughsq.co.uk/wp-content/upl...Disclosure.pdf

Apologies but I've not read back through your thread to know for certain what your next step should be, but a lawyer might say 'don't litigate through correspondence'.

Di

[carlos1867]

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

Have you considered whether sending a Part 18 Request may be helpful to your case?

You can read about this tactic on Page 4 here > https://goughsq.co.uk/wp-content/upl...Disclosure.pdf

Apologies but I've not read back through your thread to know for certain what your next step should be, but a lawyer might say 'don't litigate through correspondence'.

Di

Thanks Di, will have a read around Part 18 Requests

[carlos1867]

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

Hi all, quick update and questions if I may.

So, my defence was submitted during December, as yet nothing received from the court and nothing showing online that MC have taken the next steps. By my calculations the 28 days is up yesterday/today (due to bank hols over Xmas).

My understanding is the case will now become stayed, until MC produce documentation and pay a fee to lift the stay?

Re SB, I understand the time period stops when a claim is made? If the case becomes stayed, does this start the clock going again in relation to 6 year period for it to become SB?
If it does, does this carry on from 15th of November (when the claim was made), or does it start from now? Or is there no chance of it becoming SB now a claim was made?

[warwick65]

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

I would give the court a call to check if it has been stayed. I am sorry to say that the SB clock does not restart on a stayed claim, to me it is unfair as it means claims can be made just before a debt becomes SB and potentially left stayed for years while they get source the documents although I am sure a solicitor could argue that a prolonged stay was unfair.

Hi all, quick update and questions if I may.

So, my defence was submitted during December, as yet nothing received from the court and nothing showing online that MC have taken the next steps. By my calculations the 28 days is up yesterday/today (due to bank hols over Xmas).

My understanding is the case will now become stayed, until MC produce documentation and pay a fee to lift the stay?

Re SB, I understand the time period stops when a claim is made? If the case becomes stayed, does this start the clock going again in relation to 6 year period for it to become SB?
If it does, does this carry on from 15th of November (when the claim was made), or does it start from now? Or is there no chance of it becoming SB now a claim was made?

[carlos1867]

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

I would give the court a call to check if it has been stayed. I am sorry to say that the SB clock does not restart on a stayed claim, to me it is unfair as it means claims can be made just before a debt becomes SB and potentially left stayed for years while they get source the documents although I am sure a solicitor could argue that a prolonged stay was unfair.

Will give them a call tomorrow and double check.

Ah ok, wasn't sure on the position re SB. Like you say, may seem a little unfair, but it is what it is.

Although with this case, there is a little dispute over the SB date, especially with what MC have said re a supposed payment. Do we think it's best to correspond with MC, with the hope/aim of getting it discontinued? Or would they be unlikely to do this now it's been stayed?