** DISCONTINUED ** Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

[ph123uk]

Received a claim? Yes
Issue Date: 2-2-2015
Amount approx: 260
Claimant: Cabot Financial LTD
Solicitor: Mark Burch - Weightmans LLP
Original Credit: Capital One

Particulars of Claim:
1. The defendant entered into a credit agreement described by the original creditor as Capitla One - CREDIT CARD and having account number 4775969891347339 ('theaccount')

2. The claimant, a UK limited company with company number 3757424 is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

3. The defendant is indebted to the claimant in respect of the account in the sum of 259.29

4. the claimant claims the said sum of 259.29, plus costs

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Im not 100% sure the debt is statute barred or not, I genuinely cannot remember any details in regards to this credit card, although it appears on my credint report (only from Cabot, not from capital one, nothing is on my Equifax in relation to capital one)

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Is this correct to send:

""Dear Sirs,

Claim Number: [ive entered my number]

Request for documents mentioned in a statement of case under CPR 31.14

On 04/02/2015 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 07/03/2015.

1. Credit Agreement

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely""

Thanks in advance guys.

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

I would strongly recommend a check of your credit reference files. Noddle from CallCredit is free online Equifax and Experian have 30 day free trials.

Cheque the entry for data on the start, closure and the default date.
The may under Lowell; Capone or both.

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Thanks for the reply, on my credit report it states:

Start date : 04/02/2006

Default date: 26/04/2010

Date updated : 10/05/2011

which confuses me somewhat

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Thanks for the reply, on my credit report it states:

Start date : 04/02/2006

Default date: 26/04/2010

Date updated : 10/05/2011

which confuses me somewhat

Which is confusing?

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Yes, I don't understand the "Updated" part - I apologise for being naïve, this is the first time I have had to deal with something like this.

I was just looking for clarification if the letter at the top of the page was correct to send (post #2)

Many thanks.

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Yes, I don't understand the "Updated" part - I apologise for being naïve, this is the first time I have had to deal with something like this.

I was just looking for clarification if the letter at the top of the page was correct to send (post #2)

Many thanks.

It's the date at which any party i.e. Capone made any entry to the credit file.
Did you send the CPR to Weightmans?

Did you send A CCA request to Cabot with £1 fee at the same time?

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

This is the first time I have achknowledged the debt when the court papers arrived, I have done the AOS on the MCOL website I have not sent the CPR / CCA yet as I wanted confirmation it was correct at the top of the thread before I sent it.

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Please can someone just confirm the wording in the second post is correct so I can send these letters

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Just to update this thread so I have a timeline if nothing else, I have now sent the two letters CPR / CCA recorded delivery with £1 postal order for the CCA to Cabot - hope they were right.

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Expect daft letters from Carter and Cabot re CPR not being applicable from Carter and a 40 day time scale from Cabot.

nem

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Aye, I have seen that trend in other threads, luckily it kind of lays the path out for me in that respect - as long as this debt goes to being non-enforceable I will be happy - A CCJ is not something I need

[nemesis45]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Cabot and anyone of the many "solicitors for rent" in the murky depths of the debt collection " industry" need careful watching

nem

[Don Quixote]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Expect daft letters from Carter and Cabot re CPR not being applicable from Carter and a 40 day time scale from Cabot.

nem

This one’s with Weightmans, I think. They’re a bit sharper than Carter – but then again, who isn’t?! Hopefully you might – might – get a slightly more professional response. Weightmans tend to actually do some research into the account before replying.

[ph123uk]

Re: Court Claim - Cabot Financial LTD / Capital One - 2-2-2015

Cabot and anyone of the many "solicitors for rent" in the murky depths of the debt collection " industry" need careful watching

nem

Its ok - Im just looking forward to someone saying they need 40 days to get the docs, then me posting it here, then you saying send a copy with covering letter to the FOS