Court Claim - Cabot Financial / Capital One - 15-12-2017

[Loxley]

Received a claim? Yes
Issue Date: 15-12-2017
Amount approx:
Claimant: Cabot Financial
Solicitor: Mortimer Clarke
Original Credit: Capital One

Particulars of Claim:
By an agreement between CAPITAL ONE BANK (EUR OPE) PLC & the Defendant on or around 28/10/2015 ('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 346.73

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I couldn't afford to pay off the credit card and buried my head in the sand by ignoring all correspondence relating to it. I've had no contact with either Capital One, Cabot financial or Mortimer Clarke. I am going to send a CCA request letter but am unsure what to put in the "Re:− Account Number xxxxxxxxxxxxxxxxxx" part. I don't know the original account or credit card number and as all letters from Cabot and Mortimer Clarke were filed in the bin, I've no reference number from that either. The only reference number I can find is on th "N9" form where there's a box in the "Acknowledgment of service" section which reads "Claimant (Including ref.)" and beside that it says "Cabot Financial" followed by an 11 digit number. Should I use that in place of an account number? Many thanks

[Guest]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

You could use the Claim No. as your reference instead of an account number.

e.g.

County Court Business Centre Claim No.: XYZ123

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Sorry , forgot to say "Hello" to all here!
One more question; What documents other than the "Agreement" should I request on the CPR letter, according to the particulars of claim above?
It looks to me as though I should request the "Agreement" and maybe the "Termination" docs?
Thanks again

[Guest]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

I think Cabot are often vague in their particulars. I’m no expert - their lack of information in the POC could be a sign their paperwork isn’t in order. Do you remember ever being sent a default notice by the original lender?

furthermore, you could ask for:
1. Agreement
2. Notice and Deed of Assignment

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

You could use the Claim No. as your reference instead of an account number.

e.g.

County Court Business Centre Claim No.: XYZ123

Ok, thanks. I'll get it printed off

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Sorry, I don't remember what I received from the original lender (Capital One) and after a cursory glance, each letter was binned.
This morning I received another letter from Cabot regarding a different debt (old Santander bank account I'd forgotten about) so I wonder if they're just fishing with this claim and if I bite, they'll CCJ me for the Santander one too...

[Diana M]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

I’m no expert - their lack of information in the POC could be a sign their paperwork isn’t in order.

Or deliberate to frustrate any Application to the court to force disclosure of documents in relation to CPR 31.14.

Di

[Guest]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Or deliberate to frustrate any Application to the court to force disclosure of documents in relation to CPR 31.14.

Di

sounds just as likely!

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Surely, as it's their requirement to supply me with a copy as per my CCA request, if they fail to do so (thus not fulfilling their statutory obligation), they wouldn't be allowed to submit it at a hearing? I'm no expert and more than a little worried (I'm physically disabled, suffer with bad health and have young children who I have no wish to subject to an invasion by bailiffs).

[Amethyst]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

I'd expect they will be able to provide the CCA quite quickly as this is a 2015 opened account so will have been an online agreement, just depends if Cap One play ball with Cabot and send it over. You can delay a while by making the requests and pushing it through defence towards a hearing, however it is likely that eventually you will need to settle, so if avoiding a CCJ on your credit file is important to you you should look towards settling this in 3/4 months time. Of course if they don't supply all the documents and don't evidence the claim or their right to bring the claim you might get them to discontinue, as it's not a huge amount and the costs likely outweigh the amount they'd gain.

Bailiffs wouldn't be involved until MUCH further along the line - and only if you got a judgment order against you and then failed to keep to instalment payments set by the court.

Did you get much in the way of late payment / over limit charges applied to the account at all before you defaulted ?

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

I'd expect they will be able to provide the CCA quite quickly as this is a 2015 opened account so will have been an online agreement, just depends if Cap One play ball with Cabot and send it over. You can delay a while by making the requests and pushing it through defence towards a hearing, however it is likely that eventually you will need to settle, so if avoiding a CCJ on your credit file is important to you you should look towards settling this in 3/4 months time. Of course if they don't supply all the documents and don't evidence the claim or their right to bring the claim you might get them to discontinue, as it's not a huge amount and the costs likely outweigh the amount they'd gain.

Bailiffs wouldn't be involved until MUCH further along the line - and only if you got a judgment order against you and then failed to keep to instalment payments set by the court.

Did you get much in the way of late payment / over limit charges applied to the account at all before you defaulted ?

Hi, thanks for the response. I really have no idea about amounts added for default by capital one. The card had a £200 limit, which I spent up to. When I realised that I couldn't afford to pay it back, I simply ignored it.

If it goes to hearing and I agree to repay, will the amount go up due to court costs for the hearing? I think I remember reading somewhere about £175 extra for the court costs! If that's the case, I may just fill out the N9 admission form and offer a monthly amount.

[Amethyst]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

If you fill out the admission then you will have a CCJ against you - you'd be better to continue defending on the basis of lack of info and documentation and maybe once you have got yout request for the agreement in have a without prejudice discussion with the claimant about paying by installments under a tomlin order where the claim remains on hold in court, and if you default on the arranged payments they obtain judgment then.

Additional costs would only be if it went to an actual hearing - you already have court fees added to the original debt ?

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

No, I don't have any court costs other than the £35 added for the ccj claim. So for now, I'll send the cca and cpr requests first class signed. I'll probably need some help with composing my defence though, so I'll ask closer to the deadline (14th January). Thank you for the assistance thus far

[Amethyst]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

Perfect - Once you've got those letters off and acknowledged the claim with intent to defend in full you can relax till after Christmas

[Loxley]

Re: Court Claim - Cabot Financial / Capital One - 15-12-2017

I've already acknowledged the claim with intent to defend and I'll post the letters tomorrow when I can get to the post office . Merry Christmas to all here and a happy new year!