Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

[johnpb39]

Received a claim? Yes
Issue Date: 20-1-2016
Amount approx: 4689.56
Claimant: cabot financial(uk) ltd
Solicitor: mortimer clarke solicitors
Original Credit: capital one

Particulars of Claim:
by an agreement between CAPITAL ONE & the defendant on or around 26/7/1996 ('the agreement') CAPITAL ONE 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 4424.56

Stat Barred? No

Have sent:

Other Info:
I had a capital one card many years ago but my partner was in control of paying the households- but unknown to me (my own fault i hadn't noticed and the debts are all in my name only but I had put my trust in her!)she had stoppped paying all the bills as she had developed a gambling problem (addiction) and had been throwing all the money away on gambling websites.
That started as far as I can tell in 2010/2011 although i did not discover it until 2013 when it all came tumbling down and i almost had my house reposssed.
I have since sorted/cleared all priority debts such as mortgage, council tax, a ccj that water company obtained, gas&electric and am on top of all current payments for those.

But last year i suffered a heart attack and was fitted with a pacemaker (and i believe it was down to the stress all this had caused me)so never got round to getting on top of the rest of the debts like credit cards, payday loans ect.

I have not had a statement bill or letter from capital one for at least a year now so to be honest it had completly gone out of my mind until i received this summons in the post (although from the looks of it cap one have sold the debt to cabot?!)

The last payment that was made to cap one was in march 2011(i checked an old credit report to confirm although my noddle report doesnt show cap one now but has cabot on it since oct last year) so i assume it is not statue barred.

PLease can anyone give me some help on where to start!!!

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Please can anyone help me - I don't have a clue where to statrt
Thanks in advance to anyone who can help!!

[charitynjw]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Hi

If the last acknowledgment by you was March 2011, sadly it's not statute-barred.

However, that's not necessarily the end of your possible defense.

First things first - you have to acknowledge the court claim - you can do that online - asap.

Then send a CCA s78 letter to the claimant, with a postal order for £1. Get proof of posting.

Also send a CPR 31.14 letter to the solicitor (no payment needed), also proof of posting.

All the necessary details are in the green bar at the top of this thread.

[Debt Camel]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

@charitynjw has said what to do about this court claim.

so never got round to getting on top of the rest of the debts like credit cards, payday loans ect.

You are likely to start getting more hassle for these and possibly claim forms. If you haven't tried to reclaim PPI, this would be a good point to do it - even if you don't think you ever had any or you wanted the PPI, it may still have been mis-sold.

This could give you a pot of money you could use for full & final settlements on the other outstanding debts. Don't use a claims form, you can do it yourself, see http://www.moneysavingexpert.com/rec...loan-insurance.!

Also look into whether you could get a refund of interest or the balance written off for any payday loans, see http://debtcamel.co.uk/payday-refunds-faqs/.

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

hi and thanks for your help and I have followed your advice. i acknowled the claim(issued on the 20th jan) on the 26th jan stating my intentention to defend.
I sent both letters(and the £1 postal order) off by 1st class mail on the 27th jan and both were delivered/signed for the following morning (28th) but as yet I have had no response from either cabot or mortimer clarke.
Can someone please help me with confirming the applicable deadline dates in my case and what I should do next please??!!

just to clarify the dates/steps taken so far:
claim was issued 20/1/16
claim acknowledged 26/1/16
cpr 31.14 to mortimer clarke sent on 27/1/16 (delivered 28/1/16)
cca s17 +£1postal order to cabot sent 27/1/16 (delivered 28/1/16)
no reponse to either as of this morning 3/2/16

so just wondering what the dates are for
1)my defence to be submitted
2)when i should have received reply from solicitor
3)when i should have received reply from cabot

(I have rough idea on the timescales but just a bit confused about whether you include weekends and is the when is "day 1" so if claim issued on 20th is that day one or is it the 21st)

once i again i'd like to give my thanks for help given and for any that anyone can give in the future- your time and effort really is very very much appreciated!!!!!

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Hi

If the last acknowledgment by you was March 2011, sadly it's not statute-barred.

However, that's not necessarily the end of your possible defense.

First things first - you have to acknowledge the court claim - you can do that online - asap.

Then send a CCA s78 letter to the claimant, with a postal order for £1. Get proof of posting.

Also send a CPR 31.14 letter to the solicitor (no payment needed), also proof of posting.

All the necessary details are in the green bar at the top of this thread.

hi and thanks for your help and I have followed your advice. i acknowled the claim(issued on the 20th jan) on the 26th jan stating my intentention to defend.
I sent both letters(and the £1 postal order) off by 1st class mail on the 27th jan and both were delivered/signed for the following morning (28th) but as yet I have had no response from either cabot or mortimer clarke.
Can someone please help me with confirming the applicable deadline dates in my case and what I should do next please??!!

just to clarify the dates/steps taken so far:
claim was issued 20/1/16
claim acknowledged 26/1/16
cpr 31.14 to mortimer clarke sent on 27/1/16 (delivered 28/1/16)
cca s17 +£1postal order to cabot sent 27/1/16 (delivered 28/1/16)
no reponse to either as of this morning 3/2/16

so just wondering what the dates are for
1)my defence to be submitted
2)when i should have received reply from solicitor
3)when i should have received reply from cabot

(I have rough idea on the timescales but just a bit confused about whether you include weekends and is the when is "day 1" so if claim issued on 20th is that day one or is it the 21st)

once i again i'd like to give my thanks for help given and for any that anyone can give in the future- your time and effort really is very very much appreciated!!!!!

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

please please please can someone help me again - I'm at a loss as to what my next steps are, should I chase up a reply to either of the first letters (as still had no response from either) and also desparatly trying to figure out what date is the deadline for my defence to be submitted (and is it best to wait until the last minute to submit or should I get it in earlier ???) I'd greatly appreciate any and all advice anyone is willing/able to give as really really startiing to panic now!!

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

please please please can someone help me again - I'm at a loss as to what my next steps are, should I chase up a reply to either of the first letters (as still had no response from either) and also desparatly trying to figure out what date is the deadline for my defence to be submitted (and is it best to wait until the last minute to submit or should I get it in earlier ???) I'd greatly appreciate any and all advice anyone is willing/able to give as really really startiing to panic now!!

:help::help::help::scared::clock:ray2:ray2:
Is there no-one who can help please please please please

[Kandis]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Hi
definitely don't chase up the CCA, the onus is on them to provide agreement, if they can't, then unenforceable.
Date for defence is date of issue on your claim (20th Jan) - 33 days from then.

Kandis

[Joanna C]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

You have until the 22 February before 4pm to file your defence so I would suggest you start to work on it.

I would suggest sending a chaser letter to Mortimer Clarke regarding the CPR 31.14 request only. The claimant is now in default of the s.78 CCA request which is good for your defence - don't chase them up on this!

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

:tinysmile_kiss_t4: thank you so much for answering me - you have no idea how relieved i am to recieve some advice on this!!
ok so now i've got it clear in my head that up to this moment in time i have to have a defence all done dusted and submitted by the 22nd feb by 4pm.
however.........
in the meantime.....
I have received a letter, from their solicitor in reply to my letter sent 27/1/16 with cpr31.14( they must have decided to follow their own timeframe in which to respond but nevermind!)
I had included a request for an extension of time for filing my defence at the same time as asking for documents mentioned in particulars, although to be honest I didn't think they'd agree to it - but to my suprise they have agreed to a 28day extension!
But still have not complied with the request for documents and have gave no date/timeframe as to when or if they will.

so now I'm stuck what to do yet again!!!
I think I have managed to upload a copy of their letter (minus any personal info) so was hoping someone could take a look and tell me what they make of it and how best to proceed from here,

and to update on cca request - i have had no contact whatso ever from cabot!!

[nemesis45]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

:tinysmile_kiss_t4: thank you so much for answering me - you have no idea how relieved i am to recieve some advice on this!!
ok so now i've got it clear in my head that up to this moment in time i have to have a defence all done dusted and submitted by the 22nd feb by 4pm.
however.........
in the meantime.....
I have received a letter, from their solicitor in reply to my letter sent 27/1/16 with cpr31.14( they must have decided to follow their own timeframe in which to respond but nevermind!)
I had included a request for an extension of time for filing my defence at the same time as asking for documents mentioned in particulars, although to be honest I didn't think they'd agree to it - but to my suprise they have agreed to a 28day extension!
But still have not complied with the request for documents and have gave no date/timeframe as to when or if they will.

so now I'm stuck what to do yet again!!!
I think I have managed to upload a copy of their letter (minus any personal info) so was hoping someone could take a look and tell me what they make of it and how best to proceed from here,

and to update on cca request - i have had no contact whatso ever from cabot!!

Good morning John, responding to your PM.

1. Have you informed the court about the extension, if not you will need to confirm it in writing ( e-mail + attach copy of the letter.
Otherwise the court process will continue as normal.

2. The CCA Request: Non compliance renders the debt unenforceable UNTIL the agreement is produced so don't chase that.

3. You can chase up the CPR31.14 and mention their non compliance will be brought to the attention of the court.

4. I suggest now that you take a look at other threads and defences so you get an idea of content and format, then make
a draft on the basis of the non compliance with CCA request. We can then go through it with you.

nem

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

hi nem


thank you so much for responding to me about this - you're a life saver!!!
ok so in regards to informing the courts I have sent email 3 days ago with the letter attatched to it to the email addresses
ccbcdefendants@hmcts.gsi.gov.uk
mcol@hmcts.gsi.gov.uk

have I sent it to right email?

i got a standard response about thank you for contacting us but it also says can take 5-10days to reply!!! as yet I have heard nothing more so does this mean if I dont get a reply today or monday that i will still need to submit a defence by 4pm monday?

If thats the case I'm not going to have enough time to write and post letter chasing cpr31.14 so do you think it would be ok to do it by email instead or does it need to be a physical letter?

thanks again for helping

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Good morning John, responding to your PM.

1. Have you informed the court about the extension, if not you will need to confirm it in writing ( e-mail + attach copy of the letter.
Otherwise the court process will continue as normal.

2. The CCA Request: Non compliance renders the debt unenforceable UNTIL the agreement is produced so don't chase that.

3. You can chase up the CPR31.14 and mention their non compliance will be brought to the attention of the court.

4. I suggest now that you take a look at other threads and defences so you get an idea of content and format, then make
a draft on the basis of the non compliance with CCA request. We can then go through it with you.

nem

hi nem


thank you so much for responding to me about this - you're a life saver!!!
ok so in regards to informing the courts I have sent email 3 days ago with the letter attatched to it to the email addresses
ccbcdefendants@hmcts.gsi.gov.uk
mcol@hmcts.gsi.gov.uk

have I sent it to right email?

i got a standard response about thank you for contacting us but it also says can take 5-10days to reply!!! as yet I have heard nothing more so does this mean if I dont get a reply today or monday that i will still need to submit a defence by 4pm monday?

If thats the case I'm not going to have enough time to write and post letter chasing cpr31.14 so do you think it would be ok to do it by email instead or does it need to be a physical letter?

thanks again for helping

[johnpb39]

Re: Court Claim - cabot financial(uk) ltd / capital one - 20-1-2016

Good morning John, responding to your PM.

1. Have you informed the court about the extension, if not you will need to confirm it in writing ( e-mail + attach copy of the letter.
Otherwise the court process will continue as normal.

2. The CCA Request: Non compliance renders the debt unenforceable UNTIL the agreement is produced so don't chase that.

3. You can chase up the CPR31.14 and mention their non compliance will be brought to the attention of the court.

4. I suggest now that you take a look at other threads and defences so you get an idea of content and format, then make
a draft on the basis of the non compliance with CCA request. We can then go through it with you.

nem

hi again nem

I'm in an awful panic now!!!!
i had already done what you advised and emailed the court and included an attachment of the letter from mortimer clarke agreeing to 28day extension.
I had emailed that on the16th and received an email in response on the 19th saying thank you for email and this had been noted on the court file, so I assumed that meant that everything was in order in regards to the agreement of a 28day extension.

I had thought this would mean if my defence was originally due by the 22/2/16 i would now have until the 21/3/16 due to the agreement from both parties and the court being informed and provided with written agreement from thye claimant

however I then received this emailo this morning

"Good morning,


Thank you for your email. The court deadline to file your defence was the 22^nd February 2016; and from the 23^rd February 2016 the claimant has had the facility to enter a Judgment against you in default as there is no response logged. The important point here is that nothing happens if the claimant doesn’t take that action so if an extension is agreed for filing a defence out of court then extra time can be granted by the claimant – that extension is not enforceable by the court so I would recommend that you contact the claimant and get clarity on the date to which they have granted you the extension in writing."

Regards,

Matthew
Administrative Officer

The County Court Business Centre
St Katherine's House
21-27 St Katherine's Street
Northampton
NN12LH

so I'm totally confused as i havent submitted a defence and this email sound as though i have missed the deadline to do so!
please can you tell me what you think????