Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

[KjGarly]

Looking for a little help with this matter as its all new to me and I haven't the foggiest how I go about things. Received the attached County Court Business Centre letter shortly after receiving a letter from Mortimer Clarke on behalf of Cabot about an old debt with Capitol One. I have enough on my plate as it is and both myself and my partner struggle as it is financially so basically binned any letters I'd received from both Cabot and Mortimer Clarke without acknowledging the debt until the County Court Business Centre letter found its way to me. I'd always believed the debt to be SB, not 100% sure though and unsure how I'd go about finding out when the last payment was made to Capitol One. I'm still baffled as to how they've found me at my current address..

Issue Date: 15th February

Amount approx: 1819.35 (1634.35 original debt, 105.00 court fee, 80.00 legal fees)

Claimant: Cabot Financial (UK)

Solicitor: Mortimer Clarke Solicitors

Original Creditor: Capitol One

Particulars of Claim: By an agreement between Capitol One & the defendant on or around 21/08/2004 ('the agreement') Capitol 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 as signed to the claimant. THE CLAIMANT THEREFORE CLAIMS 1634.35.

Is the debt Statute Barred? Not entirely sure but I'm fairly certain any last payment to Capitol One was made before 2010. Again, not 100% on that.

List any letters you have sent: None as of yet.

Any Other Info:

[Kati]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

to LB xx

Your first steps are here - http://legalbeagles.info/forums/show...it-Court-Claim
CCA request (step 2) to Cabot, CPR (step 3) to Mortimer Clarke

How long ago was your last payment (or written acknowledgement) on the debt (SB'd is 6 years for England, 5 years for Scotland)??

[nemesis45]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Good afternoon, welcome to LB

Important have acknowledged service of the claim? If not do so asap, you can do this online at Money Claim Online.
Make careful note of the password.

Lets get the prelims out the way first.

1. A CCA request to Cabot this is for a copy of the Capital One agreement, a statutory fee of £1 has to be paid,
Cabot are messing around at the moment with these requests so great care is needed, use a postal order for £1.00
made payable in the name of Cabot exactly as it shows on the claim form

Write " For Statutory Fee Only " on both sides of the Postal order and keep a photocopy for your records.

There is a template for the request in the forum library for this request.
Send this by signed for post, check date delivered and get a copy of the signature.

Cabot has 12 + 2 Working Days to Comply.

2. A Request made under the provisions of Civil Procedure Rule 31.14 (No Fee) this goes to the solicitors
it's for copies of the documents mentioned in the " statement of claim"
i.e. The agreement, notice of assignment and notice of termination.
A nominal 7 days allowed for compliance.
again use signed for post track and check delivery date and signature.

That's all the letters for now.

The status of the debt in regard to the Limitation Act 1980.

Six years with no payments or written acknowledgment of the debt.

Do you know when the last payment/acknowledgment was made?

Do you know the date the account was defaulted and or terminated?

Is the account still showing on your credit files? ( you can check Noddle Free Online).

nem




Again

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Cheers guys, do I also fill out the intention section of the AOS?

I honestly have no idea when a last payment was made to Capitol One and haven't acknowledged the debt so far. I'll sign up for Noddle and see what it says on there.

[Kati]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Cheers guys, do I also fill out the intention section of the AOS?

We usually suggest you tick "intend to defend in full" when you submit the AoS (you get 33 days from the issue date to enter a defence, so it gives you time to send the cca/cpr ) xx

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

OK this is on Noddle under Cabot Financial..

Date of default
09/07/2010

Default balance
£ 1,634

[nemesis45]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

OK this is on Noddle under Cabot Financial..

Date of default
09/07/2010

Default balance
£ 1,634

Ok so not statute barred.

Do you have any points that may be used to defend the claim?

nem

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Ok so not statute barred.

Do you have any points that may be used to defend the claim?

nem

I'm not entirely sure if I do or not as this is all new to me and couldn't have came at a worse time. Genuine question here and probably an easy one to answer to a none thicko like myself but how did they find me at my current address? There's been nothing at previous addresses or even the address it was registered to and its not even addressed to my full name so how can they prove its me? I'm not denying its not my debt just baffled by it all.

[Kati]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

They'll have done a search of the CRA's for you probably ... try not to worry about the defence just yet, now you've done the AoS online and ticked defend you should send off a cca and cpr request asap.

Your defence will be due 19th March (33 days from date of issue) - http://www.timeanddate.com/date/date...aw=&ad=33&rec= xx

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

They'll have done a search of the CRA's for you probably ... try not to worry about the defence just yet, now you've done the AoS online and ticked defend you should send off a cca and cpr request asap.

Your defence will be due 19th March (33 days from date of issue) - http://www.timeanddate.com/date/date...aw=&ad=33&rec= xx

Thanks again! Totally clueless with this. Last question about the CCA, the template requires an account number. Which would that be for? The only letter with any details I have is the County Court one so would I put the claim number there? Or would I put the Cabot ref number that's on there? Once I know that I can get it wrote out ready to send Monday (Best to send recorded?)

[NWHC]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

PUt the Cabot reference No on the letter
Yes best to send signed for (no need for the expense of special delivery)

As the account was opened prior to 2007 there is a reasonable chance that the agreement will be improperly executed which means that it is unenforeceable but that is something to look at when they send you the agreement

Just to warn you
Cabot , like most debt purchasers will not have the agreement and will have to ask capital one for it , this will take some time and they may say that the account is on hold. DO NOT BELIEVE THEM . You must follow the court timetable even if that means entering a defence before you see the agreement .
Any alterations can be sorted out later

[Garlok]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Let us be absolutely clear! There is potentially erroneous information being given on this thread. There is absolutely no connection whatsoever between the date a default is entered on to a credit reference agency file and the provisions of the Limitations Act 1980. The ONLY grey area due to poor information being given out is the exact point of cause of action. It is usual that it is on the following working day after a failure to meet a contractual obligation. For example with a credit card the day after the first failure to make the monthly payment. The grey area may only be at the date ofthe service of the formal default notice under CCA on the alleged debtor. A regulated debt may NOT be defaulted more than once and the date of entry on a CRA file is IRRELEVANT! Please note well IRRELEVANT!

[charitynjw]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Let us be absolutely clear! There is potentially erroneous information being given on this thread. There is absolutely no connection whatsoever between the date a default is entered on to a credit reference agency file and the provisions of the Limitations Act 1980. The ONLY grey area due to poor information being given out is the exact point of cause of action. It is usual that it is on the following working day after a failure to meet a contractual obligation. For example with a credit card the day after the first failure to make the monthly payment. The grey area may only be at the date ofthe service of the formal default notice under CCA on the alleged debtor. A regulated debt may NOT be defaulted more than once and the date of entry on a CRA file is IRRELEVANT! Please note well IRRELEVANT!

I second this as the trigger date.

But I believe that a *Default Notice re CCA 1974 can't be sent out until at least 2 payments have been missed.

*As distinguished from a default notification on a credit file, which is an altogether entirely different animal!

[NWHC]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

I second this as the trigger date.

But I believe that a *Default Notice re CCA 1974 can't be sent out until at least 2 payments have been missed.

*As distinguished from a default notification on a credit file, which is an altogether entirely different animal!

From what i have read it depends on the contract , I think Capital 1 send you a letter and give you 30 days to catch up, others may send a DN as soon as you have missed a payment, particularly if you are frequently late.

Again from what I have read the cause of action takes some interpretting
I think it is the date that they could first issue a claim but others say differently

If it is the date I think, is it the theoretical date or is it the actual date after they have issued the necessary demands terminations or whatever

[charitynjw]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

From what i have read it depends on the contract , I think Capital 1 send you a letter and give you 30 days to catch up, others may send a DN as soon as you have missed a payment, particularly if you are frequently late.

Again from what I have read the cause of action takes some interpretting
I think it is the date that they could first issue a claim but others say differently

If it is the date I think, is it the theoretical date or is it the actual date after they have issued the necessary demands terminations or whatever

I believe they cannot send a CCA Default Notice out until at least 2 payments have been missed, but the date the cause of action accrued is the day after the first missed payment.

CCA 1974 (as amended}

[F186CNotice of sums in arrears under running-account credit agreements

(1)

This section applies where at any time the following conditions are satisfied—

(a)

that the debtor under an applicable agreement is required to have made at least two payments under the agreement before that time;

(b)

that the last two payments which he is required to have made before that time have not been made;