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Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

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  • Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

    Received a claim? Yes
    Issue Date: 6-3-2015
    Amount approx: £4391.60
    Claimant: Cabot Financial
    Solicitor: Restons
    Original Credit: Bank of Scotland (Aqua Card)

    Particulars of Claim:
    The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Bank of Scotland (Aqua Card) dated on or about Jun 01 2005 and assigned to the Claimant on Jul 25 2011

    Particulars a/c no xxxxxxxxxxxxxx

    DATE ITEM VALUE
    09/02/2015 Default Balance 4391.60
    Post Refrl Cr NIL

    TOTAL 4391.60


    Stat Barred? Yes

    Have sent:

    Other Info:
    I sent a letter to Restons asking to prove the debt belongs to me by requesting a signed copy of the agreement. I didn't sign the letter as advised on MSE and they replied in a letter dated 4th March 2015 saying they would not continue communicating with me without a signed letter.

    Before even getting a chance to respond 2 days later they filed a claim with the court.
    Tags: None

  • #2
    Re: Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

    So for clarity, did you ever have an Aqua card?

    Comment


    • #3
      Re: Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

      Originally posted by SBF79 View Post
      Received a claim? Yes
      Issue Date: 6-3-2015
      Amount approx: £4391.60
      Claimant: Cabot Financial
      Solicitor: Restons
      Original Credit: Bank of Scotland (Aqua Card)

      Particulars of Claim:
      The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Bank of Scotland (Aqua Card) dated on or about Jun 01 2005 and assigned to the Claimant on Jul 25 2011

      Particulars a/c no xxxxxxxxxxxxxx

      DATE ITEM VALUE
      09/02/2015 Default Balance 4391.60
      Post Refrl Cr NIL

      TOTAL 4391.60


      Stat Barred? Yes

      Have sent:

      Other Info:
      I sent a letter to Restons asking to prove the debt belongs to me by requesting a signed copy of the agreement. I didn't sign the letter as advised on MSE and they replied in a letter dated 4th March 2015 saying they would not continue communicating with me without a signed letter.

      Before even getting a chance to respond 2 days later they filed a claim with the court.
      If you are sure its SB defend in full,SB is a full defense.

      Comment


      • #4
        Re: Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

        I'm currently completing the Acknowledgement of Service online form and want to know what do I check on 'Contest Jurisdiction' You can choose to contest jurisdiction of the claim made against you. Do I tick it or leave it?

        Comment


        • #5
          Re: Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

          leave it
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

            Update

            I sent off the postal order to Cabot and sent off a letter to Restons after receiving the claim. I haven't heard from Restons since the claim was issued. Cabot responded within the 12 days stating it would take up to 40 days to send me the signed agreement.

            I received that this weekend. A copy of the agreement with my signature and the statement of the credit card from Aqua. It actually turns out I was wrong. I can hold my hands up to it and it actually wasn't statute barred as I thought. My last payment was 5 years ago and not 6 like I had thought. So it's not SB.

            I have 14 days to contact Cabot to work out a payment plan with Cabot before they go the CCJ route. My concern is the payment plan as I'm a single unemployed mother on income support and can't afford to pay much at all. I'm just concerned it's going to go into a back n forth with them refusing anything I offer to pay.

            I'm guessing they'll want to see and income/expenditures from me which I have no problem in providing. I just want to know the correct way to handle this next step. BTW I won't be calling Cabot I will be doing all of my correspondence with them in writing.

            Comment


            • #7
              Re: Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

              Can anyone help with my last post please?

              Comment


              • #8
                Re: Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

                Originally posted by SBF79 View Post
                Update

                I sent off the postal order to Cabot and sent off a letter to Restons after receiving the claim. I haven't heard from Restons since the claim was issued. Cabot responded within the 12 days stating it would take up to 40 days to send me the signed agreement.

                I received that this weekend. A copy of the agreement with my signature and the statement of the credit card from Aqua. It actually turns out I was wrong. I can hold my hands up to it and it actually wasn't statute barred as I thought. My last payment was 5 years ago and not 6 like I had thought. So it's not SB.

                I have 14 days to contact Cabot to work out a payment plan with Cabot before they go the CCJ route. My concern is the payment plan as I'm a single unemployed mother on income support and can't afford to pay much at all. I'm just concerned it's going to go into a back n forth with them refusing anything I offer to pay.

                I'm guessing they'll want to see and income/expenditures from me which I have no problem in providing. I just want to know the correct way to handle this next step. BTW I won't be calling Cabot I will be doing all of my correspondence with them in writing.
                Any chance that you live in Scotland.????

                Comment


                • #9
                  Re: Court Claim - Cabot Financial / Bank of Scotland (Aqua Card) - 6-3-2015

                  No I live in London.

                  Comment

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                  SHORTCUTS


                  First Steps
                  Check dates
                  Income/Expenditure
                  Acknowledge Claim
                  CCA Request
                  CPR 31.14 Request
                  Subject Access Request Letter
                  Example Defence
                  Set Aside Application
                  Directions Questionnaire



                  If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                  NOTE: If you receive a court claim note these dates in your calendar ...
                  Acknowledge Claim - within 14 days from Service

                  Defend Claim - within 28 days from Service (IF you acknowledged in time)

                  If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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