** DISCONTINUED ** Received Court Claim Form from Cabot Financial (Capital One)

[sc1571]

I wonder if anyone could help!!
I have recently received this Court Claim Form from Cabot Financial about a credit card debt from Capital One. I don't remember having this debt, so I am really confused. I did apply for a Capital One credit card in 2008 or 9 but they retracted the application after they approved it, so it was never used. Please help. I need to know what to do next?

[Streetwise]

Re: Received Court Claim Form from Cabot Financial (Capital One)

I wonder if anyone could help!!
I have recently received this Court Claim Form from Cabot Financial about a credit card debt from Capital One. I don't remember having this debt, so I am really confused. I did apply for a Capital One credit card in 2008 or 9 but they retracted the application after they approved it, so it was never used. Please help. I need to know what to do next?

Post up the court claim minus your details.

[sc1571]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Thanks Streetwise, here are the details;

COUNTY COURT BUSINESS CENTRE
Issue Date: 19/03/15
Claimant: CABOT FINANCIAL UK LIMITED

Address for sending documents and payments (if different)WEIGHTMANS LLP

Particulars of Claim

1. The Defendant entered into a credit agreement described by the original creditor as
CAPITAL ONE - CREDIT CARD and having accountnumber************************ ('the Account1)
2. The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed bythe original creditor in respect of the Account.
3. The Defendant is indebted to the Claimant in respect of the account in the sum of 320.00
4. The Claimant claims the said sum of 320.00, plus costs.

The Claimant believes that the facts stated in this claimform are true and I am duly authorised by the claimantto sign this statement
signed Mark Burch(Claimant's Solicitor)

Amount claimed 320.00
Court fee 35.00
Solicitor's costs 50.00
Total amount 405.00

[nemesis45]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Hi Welcome to LB
A credit card was never issued or on was issued and withdrawn? No statements received/ no payments made?
Start by sending a CPR31 14 request to Weghtmans you can request on a copy of the agreement
as it is the only document mentioned in the claim. (there is a template in the forum library to use)
Next a CCA Request to Cabot also to get a copy of the agreement ( more chance than CPR) there is a £1 statutory fee for this ( use a cheque or postal order endorsed " For Statutory Fee Only" Cabot has 12 + " working days to comply if Cabot does not comply in time then the debt is unenforceable until the agreement is supplied.
Do you by any chance have any documentation from Capone about the withdrawal of the card?
For the requests use signed for post.

Acknowledge the claim and intention to defend (use Money Claim on Line take careful note of passwords etc.)

nem

[sc1571]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Thank you for the warm welcome.
Yes credit card was issued and then withdrawn during activation. I applied from a mail shot and accepted during a moment of weakness. I wanted to improve my credit worthiness. I actually thought I had a lucky escape!!!

[nemesis45]

Re: Received Court Claim Form from Cabot Financial (Capital One)

You could be right on the lucky escape!!
nem

[FlamingParrot]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Hi Welcome to LB
A credit card was never issued or on was issued and withdrawn? No statements received/ no payments made?
Start by sending a CPR31 14 request to Weghtmans you can request on a copy of the agreement
as it is the only document mentioned in the claim. (there is a template in the forum library to use)

I'd have thought he could also request the assignment papers as that's also mentioned on the PoC. The one thing that doesn't get a mention is 'default'.

1. The Defendant entered into a credit agreement described by the original creditor as
CAPITAL ONE - CREDIT CARD and having accountnumber************************ ('the Account1)
2. The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed bythe original creditor in respect of the Account.
3. The Defendant is indebted to the Claimant in respect of the account in the sum of 320.00
4. The Claimant claims the said sum of 320.00, plus costs.

[sc1571]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Dear All,

Here are the letters I will send out first thing tomorrow, as suggested.

Please take a look and tell me if I missed anything and/or incorrect.

I am so grateful for your input and would not have known where to start if there wasn't a site like this. I'm in such a panic right now!

---

CPR to Solicitors

23 March 2015

CABOT FINANCIAL UK LIMITED
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
KENT ME19 4UA


Dear Sirs,

Claim Number: XXXXXX

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

On xx/xx/xxxx 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 XX XXXX 201X.

1. Agreement / Contract
2. Assignment
3. Statement of Account (should I ask for this? I don’t even know how I am even “indebted”??)

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
Your Name

---

CCA Request to Cabot

23 March 2015

CABOT FINANCIAL UK LIMITED
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
KENT ME19 4UA

Dear Sir/Madam

Re:− Account Number ***************

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a true and legible copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I look forward to hearing from you.


Yours faithfully,

[sc1571]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Thank you FlamingParrot, I've done everything that was suggested and have now received a response from Weightmans!

I'm a little bewildered by their response?? Are they saying that they don't need to produce an "Assignment"??? How would I therefor know that this debt belongs to them?? And why are they taking something to court without any documents??

Please look at attachment below, I do appreciate it!
Weightman letter1.pdf

[nemesis45]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Weightmans are splitting hairs I guess as the POC only states Cabot is the assignee , no mention of a Notice of Assignment, my feeling would be to write back demanding proof of the assignment to Cabot, without which you can confirm the legality of their clients claim.

nem

[sc1571]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Thanks Nemesis45, I will do that now! It makes sense that the only thing they have is a contract because I did apply during that time but I am positive that the account was never activated with Capital One!! I am busy going through my papers looking for proof!!! It is so dodgy of them to apply for a CCJ when they have no documents in their possession, on the off chance that they can get a judgement!

[MIKE770]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Whilst we have requested copies of your credit agreement, together with statement of account and notice of ( assignment ) from the original creditor, it may take a period of time to obtain copies ofthese documents. Once we are in receipt of these documents however, these will be forwarded toyou without delay. Please note that once directions have been provided by the Court to take thismatter to trial, a deadline will then be provided for both parties to disclose all documents on whichthey seek to rely on at trial. As the documents which our client will seek to rely on are likely to include some, if not all, of the documents listed above.


Assignment mentioned in 2nd paragraph???? is this the one in question?/

[nemesis45]

Re: Received Court Claim Form from Cabot Financial (Capital One)

You could at this stage send Capone a CCA request their response could be useful, as debts are sold in portfolio lots with the absolute minimum of data, and certainly not the agreement you may be able to put Cabot on the " back foor".

nem

[sc1571]

Re: Received Court Claim Form from Cabot Financial (Capital One)

Yes, they seem to say that they will not need to produce a "Notice of Assignment", even though they mention Crapbot as the "the assignee and legal owner of all rights previously enjoyed bythe original creditor in respect of the Account".

This is what I have done so far;
1/ I've acknowledge the claim in MCO
2/ I've sent a CCA request to Cabot together with the £1 requirement
3/ I've sent CPR request to weigtman (which I have a had a reply)

This is what I will do next;
1/ Send another CCA request to Cabot, just in case!
2/ Will reply to weigtman's letter.
3/ Start formulating my defence!
4/ Look for anything to say this account was terminated before it even started!!!!

I found it at my credit report. I have never ever made any payment to Capital One!
Credit report - Noddle.pdf

[sc1571]

Re: Received Court Claim Form from Cabot Financial (Capital One)

I am very confused about what I should be requesting?? Please see letter below (taken from ph123uk) and tell me if I require to send it?

---

Dear Sirs,

Claim No: xxxxxxx

Cabot Financial UK LTD v sc1571

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

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

Unfortunately I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt.

If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

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.

I look forward to hearing from you within the next 7 days.

Yours sincerely

sc1571