Court claim from Cabot Financial please help with how to proceed

[eire13]

Hi Everyone,

I have just received a County Court Claim in the post from Cabot Financial. The claim is dated 7th December. I have not acknowledged the claim yet. The Solicitors are Mortimer Clarke Solicitors.

This is for a credit card I had with Capital One. Below are the particulars of claim:

By an agreement between Capital One Bank (EUR OPE) PLC & the defendant on or around 13/10/2014 (the agreement) Capital One Bank (EUR OPE) 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 £193x.xx.

The total amount with fees is 2xxxx.00.
I do recognise the debt. I have just received the claim today and am confused as to what to do. I cannot afford to pay back this debt as I am not working and have health problems.
Please could someone help me in a very easy to understand way. I know I need to acknowledge the claim.
Could someone please guide me to the other draft letters I need to send.
Cabot had been writing to me but I was just ignoring it as I am already struggling financially. I will be very grateful for help with this please. When I acknowledge the claim online will it be easy to know what to do. I also have no idea what any defence might be.
Thank you.

[nemesis45]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Everyone,

I have just received a County Court Claim in the post from Cabot Financial. The claim is dated 7th December. I have not acknowledged the claim yet. The Solicitors are Mortimer Clarke Solicitors.

This is for a credit card I had with Capital One. Below are the particulars of claim:

By an agreement between Capital One Bank (EUR OPE) PLC & the defendant on or around 13/10/2014 (the agreement) Capital One Bank (EUR OPE) 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 £193x.xx.

The total amount with fees is 2120.00.
I do recognise the debt. I have just received the claim today and am confused as to what to do. I cannot afford to pay back this debt as I am not working and have health problems.
Please could someone help me in a very easy to understand way. I know I need to acknowledge the claim.
Could someone please guide me to the other draft letters I need to send.
Cabot had been writing to me but I was just ignoring it as I am already struggling financially. I will be very grateful for help with this please. When I acknowledge the claim online will it be easy to know what to do. I also have no idea what any defence might be.
Thank you.

Hi welcome.

What forms have you received please, post redacted copies here if you can, if you have a problem with this I'm sure [MENTION=49370]Kati[/MENTION] will be able to help.

You need to send Cabot a request for a copy of the credit card agreement + £1 statutory fee (use a postal order marked for " statutory fee only" us signed for post.

See " First Steps" in the Short Cuts at the top of the page.

nem

[Amethyst]

Re: Court claim from Cabot Financial please help with how to proceed

That's quick service for Money Claim Online. You do have 14 days from service to acknowledge but it is best to get it out of the way now.. Acknowledge a Claim should give you some guidance but feel free to ask anything you aren't sure of.

Then have a look at the First Steps post and get your CCA and CPR letters sent off which are linked to from that post. Of course, again ask any questions for anything you aren't sure of.

The aim at this point is really to put the claimant on notice that you won't be walked over and will ensure they have the right to bring this claim against you.

Just looking atthe particulars of claim they have made it a little difficult for the CPR 31.14 request, but I reckon you should still ask for the Agreement, the Default Notice and the Notice of Assignment - although they say terminated and don't mention specific documents it is worth having a request on record to help with your defence.


Sorry crossed with Nemesis xxx

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Nemesis and Amethyst,

Many thanks to both of you for your great replies. I have only received the county court claim forms with those particulars of claim on them. I havn't received any other paperwork. I don't have anything from the original Capital One credit card like statements or anything. So far I have done like you said and done the acknowledgement of service online.

I will get those letters done over the weekend and get them posted off on Monday. Should they both be signed for would you advice. Hopefully the letters will be pretty straightforward. I will put in the CPR request all you said Amethyst.

Thank you so much for all your help so far.

[nemesis45]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Nemesis and Amethyst,

Many thanks to both of you for your great replies. I have only received the county court claim forms with those particulars of claim on them. I havn't received any other paperwork. I don't have anything from the original Capital One credit card like statements or anything. So far I have done like you said and done the acknowledgement of service online.

I will get those letters done over the weekend and get them posted off on Monday. Should they both be signed for would you advice. Hopefully the letters will be pretty straightforward. I will put in the CPR request all you said Amethyst.

Thank you so much for all your help so far.

Yes use signed for post so you can track delivery especially at this time of year when post is heavy.

nem

[warwick65]

Re: Court claim from Cabot Financial please help with how to proceed

Those POC are incredibly vague and I suspect MCS will refuse to supply the default notice or the deed of assignment.

If you read some other threads you will get some ideas as how to defend this.

You could send a SAR to capital one, from my personal experience they are not that easy to decipher but could give some invaluable extra bits for a defence.
[MENTION=87380]Diana M[/MENTION] may be able to offer some more insight.

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi,

I am doing the letters today and will get them in the post tomorrow. I will use the signed for delivery, I will read some other threads about the defence too. Thank you so much for all your help.

[Diana M]

Re: Court claim from Cabot Financial please help with how to proceed

I have just received a County Court Claim in the post from Cabot Financial.

Is the Claimant named as Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd which is unlicensed?

Di

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

[QUOTE=Diana M;767053]Is the Claimant named as Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd which is unlicensed?

Hi Diana,

Thanks for your reply. The claim is from Cabot Financial (UK) Ltd. Do I still send the letters as suggested. I have not gone to the Post office yet. Also is a postal order better than a cheque to send with the CCA request.

Thank you for all your help.

[nemesis45]

Re: Court claim from Cabot Financial please help with how to proceed

[QUOTE=eire13;767169]

Is the Claimant named as Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd which is unlicensed?

Hi Diana,

Thanks for your reply. The claim is from Cabot Financial (UK) Ltd. Do I still send the letters as suggested. I have not gone to the Post office yet. Also is a postal order better than a cheque to send with the CCA request.

Thank you for all your help.

PO is best mark it " For Statutory Fee Only" ad use signed for post.##

nem

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Nemesis,

Thank you I have done the postal order like you said now. I'm just back from the post office and have posted both letters one to Cabot and the other one to Mortimer Clarke Solicitors. I'm just wondering about dates around Christmas now. I'm a bit confused about when the defence will be due in as are some days over Christmas not counted. Should I be doing anything else now.

Thank you for all the great advice so far.

[warwick65]

Re: Court claim from Cabot Financial please help with how to proceed

Hi
Acknowledgment is due by 26th or the first working day after however there is no harm in acknowledging early.

The cca request is due within 12 working days from receipt but long before your defence is due.

[Diana M]

Re: Court claim from Cabot Financial please help with how to proceed

I'm a bit confused about when the defence will be due in as are some days over Christmas not counted.

The Defence deadline is 33 calendar days from the Claim Issue date (top right of the claim form).

If that falls on a weekend or Bank Holiday the deadline becomes 4 pm on the next working day.

Di

[Diana M]

Re: Court claim from Cabot Financial please help with how to proceed

Hi Diana,

Thanks for your reply. The claim is from Cabot Financial (UK) Ltd.

That's useful to know.

Di

[eire13]

Re: Court claim from Cabot Financial please help with how to proceed

Hi All,

Thanks everyone for all your replies above. So am I now just waiting for the cca request and other paperwork to come back. I wouldn't want to miss out on anything else I should be doing. If someone could guide me to how to do the defence that would be great or do I need to wait now.

Thanks for all your help.