Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

[Unregistered]

Received a claim? Yes
Issue Date: 15-9-2017
Amount approx:
Claimant: CABOT FINANCIAL (UK)
Solicitor: DRYSDENS LIMITED
Original Credit: CAPITAL ONE

Particulars of Claim:


Stat Barred?

Have sent:

Other Info:
The Ombudsman gave his Decision that Cap1 owed PPI to the Defendant and should reconstruct the account to repay the Defendant. Cap1 did not comply with the Decision. Last payment on the account was made in 2010. The only contact is a letter to Drydens pointing out that there is no debt due to O's Decision. See below. The account was sold on when it was in dispute. The Defendant is my partner. I believe I should submit a defence of 'In the First Instance this is statute barred under the LA 80 and In the Alternative', and then state that the Ombudsman's Decision has never been complied with. I deconstructed the account and the amount owed to my partner is far greater than any alleged and not acknowledged amount owed by him.

[Diana M]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

I've read your post and will add that the fact that the Claimant is Cabot Financial (UK) Ltd may add fuel to your fire

Di

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Received a claim? Yes
Issue Date: 15-9-2017
Amount approx:
Claimant: CABOT FINANCIAL (UK)
Solicitor: DRYSDENS LIMITED
Original Credit: CAPITAL ONE

Particulars of Claim: For £500 under an agreement regulated by CCA 74 bet Defendant and Cap1 and assigned to the Claimant in Sept 2015, notice of which has been provided to the Defendant. Def has failed to make payment in accordance with the terms of the agreement despite requests for such payment. Claimant claims £500 plus costs.


Stat Barred? Yes

Have sent: Acknowledgement - 28 days running.

Other Info:
The Ombudsman gave his Decision that Cap1 owed PPI to the Defendant and should reconstruct the account to repay the Defendant. Cap1 did not comply with the Decision. Last payment on the account was made in 2010. The only contact is a letter to Drydens pointing out that there is no debt due to O's Decision. See below. The account was sold on when it was in dispute. The Defendant is my partner. I believe I should submit a defence of 'In the First Instance this is statute barred under the LA 80 and In the Alternative', and then state that the Ombudsman's Decision has never been complied with. I deconstructed the account and the amount owed to my partner is far greater than any alleged and not acknowledged amount owed by him.

I have registered today, so I am not a guest. Perhaps it needs time to recognise me.

I understand that a debt is Statute Barred provided 6 years have passed from the date of the last payment and that there has been no acknowledgment of the debt (there has not). The Ombudsman Decided in my partner's favour. Cap1 sold on the account to another collector, who my partner wrote to asking for the money owed. They sold it onto yet another collector, who my partner wrote to again. They sold it to Cabot, who were chasing him so he wrote to Cap1 asking them to comply and deconstruct and reconstruct the account. In late 2015 Cap1 wrote to my partner saying they no longer had anything to do with the account. Cabot wrote to my partner early 2016 spewing out the same rubbish. As my partner has never and does not acknowledge the debt I believe I need to press Cabot to prove that this is not Statute Barred. I also believe that Cabot must provide a breakdown of the amount owed, (capital, interest, late charges, etc).

I would welcome guidance please.
Thank you.

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Hi,

When my partner sends off his letters, should he sign them?
thanks
FF

[pt2537]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

I have registered today, so I am not a guest. Perhaps it needs time to recognise me.

I understand that a debt is Statute Barred provided 6 years have passed from the date of the last payment and that there has been no acknowledgment of the debt (there has not). The Ombudsman Decided in my partner's favour. Cap1 sold on the account to another collector, who my partner wrote to asking for the money owed. They sold it onto yet another collector, who my partner wrote to again. They sold it to Cabot, who were chasing him so he wrote to Cap1 asking them to comply and deconstruct and reconstruct the account. In late 2015 Cap1 wrote to my partner saying they no longer had anything to do with the account. Cabot wrote to my partner early 2016 spewing out the same rubbish. As my partner has never and does not acknowledge the debt I believe I need to press Cabot to prove that this is not Statute Barred. I also believe that Cabot must provide a breakdown of the amount owed, (capital, interest, late charges, etc).

I would welcome guidance please.
Thank you.

Quick question, the ombudsman ruling did cap one settle up what they were told to pay? you say never complied with but i wanted to check if you accpeted the ombudsmans ruling?

If accepted then this would present cap one and Cabot with a massive headache, as they would be bound by the ombudsmans ruling per Clark v Infocus.

I just wanted to double check before going further on this point

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Hi there,
The Ombudsman ruled that Cap One should repay all PPI premiums and all charges such as for admin and late payment (each £12), added to the account as a result of the PPI being wrongly put on the account. Cap One and my partner both accepted the Decision. Cap One calculated the PPI payments by listing each monthly PPI payment and coming to a total, but they did not strip the account back to the beginning, and rebuild it after taking off all the charges & the PPI. Nor did it ever pay 8% on any positive balance that resulted from the adjustments. (The 8% was also in the O's Decision.) Nor did Cap One pay 8% on the repaid PPI premiums. Cap One only paid the £500 sum that was purely PPI payments.

I am faced with the job now of reconstructing the account again just to make sure my figures are right. But the main thing is that I know Cap One's figures are incorrect and not in compliance with the O's Decision.

Were you ever a member of another forum? 'pt2537' seems familiar

[Diana M]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

When did your partner open the Capital One credit card account and have they ever sent a s 78 CCA Request to either Capital One or Cabot?

I can only reiterate that Cabot Financial (UK) are unlicensed.

Can you type up the Particulars of Claim (removing anything which could identify you) so it's clear what the Claimant is claiming and why they think they have the right to claim it.

Have you yet been advised to send a CPR 31.14 Request to Drydens solicitors ? Now would be a good time to do that if it's not yet been suggested

Di

[Amethyst]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Quick question, the ombudsman ruling did cap one settle up what they were told to pay? you say never complied with but i wanted to check if you accpeted the ombudsmans ruling?

If accepted then this would present cap one and Cabot with a massive headache, as they would be bound by the ombudsmans ruling per Clark v Infocus.

For ref -> http://legalbeagles.info/no-second-b...r-fos-redress/
(I'm not sure it applies as the claim is for debt owing to the credit card and the ombudmsan ruling was about a refund of PPI so possibly different cause of action - was the card in default before the PPI claim was made through the FOS ? )

Do you have a copy of the Ombudsman's ruling?

Do you believe after Capital One complied fully with the ruling there would be any debt left owing on the debt ?

Also did you get the CCA and CPR requests sent off after you acknowledged the claim ?

[pt2537]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

For ref -> http://legalbeagles.info/no-second-b...r-fos-redress/
(I'm not sure it applies as the claim is for debt owing to the credit card and the ombudmsan ruling was about a refund of PPI so possibly different cause of action - was the card in default before the PPI claim was made through the FOS ? )

Do you have a copy of the Ombudsman's ruling?

Do you believe after Capital One complied fully with the ruling there would be any debt left owing on the debt ?

Also did you get the CCA and CPR requests sent off after you acknowledged the claim ?

Haha well now were talking trade secrets :P

Anyway, my point is simply this, if the FOS has ruled that the PPi was missold then the creditor has to provide a refund of those monies, it is clearly binding on the creditor pursuant to the FSMA.

Second, the refusal to comply with an ombudsmans ruling arguably gives rise to an unfair relationship under s140A

Third, they would have to reconstruct the account and give credit for the payments recieved during the PPI misselling period thus the capital balance would be lower, and the interest reduced too, it all has a knock on effect

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Haha well now were talking trade secrets :P Alliteration is everything, AA

Anyway, my point is simply this, if the FOS has ruled that the PPi was missold then the creditor has to provide a refund of those monies, it is clearly binding on the creditor pursuant to the FSMA.

Second, the refusal to comply with an ombudsmans ruling arguably gives rise to an unfair relationship under s140A

Third, they would have to reconstruct the account and give credit for the payments recieved during the PPI misselling period thus the capital balance would be lower, and the interest reduced too, it all has a knock on effect

Hello all, I wrote their particulars of claim above. "Particulars of Claim: For £500 under an agreement regulated by CCA 74 bet Defendant and Cap1 and assigned to the Claimant in Sept 2015, notice of which has been provided to the Defendant. Def has failed to make payment in accordance with the terms of the agreement despite requests for such payment. Claimant claims £500 plus costs."

I have been poorly. I will send the CCA and CPR off, but does my partner have to sign them? Not sure about giving them his current signature.

The PPI was refunded because my partner did not tick the box asking for PPI. We have the Ombudsman's Decision. Cap One only refunded an amount for the total of PPI payments. They did not calculate and refund any sum for £12 late fees, non payment fees, admin fees, monthly interest or 8% interest. If Cap One had complied fully with the Decision my partner would have had a cheque from them.

Cabot say £500 is owing to them but I calculated that a far larger sum is owing to my partner. This would be much larger now as it has continued to accrue.

Regarding the same Cause of Action - it would be the same because the account fell into arrears because of the PPI payments, and went progressively further into arrears because my partner said he would only pay a nominal amount until the PPI claim was resolved. At that time he did a Subject Access Request.

Account was opened in early 2007.

Unfair relationship point is worth further investigation, thank you.

I am clearing my desk in a week or so, so I can put this to bed.

If Cabot are unlicensed, do they have the right to bring an action?
Bye for now,
FF

[Diana M]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

If Cabot are unlicensed, do they have the right to bring an action?

Good question

Di

[Amethyst]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Hello all, I wrote their particulars of claim above. "Particulars of Claim: For £500 under an agreement regulated by CCA 74 bet Defendant and Cap1 and assigned to the Claimant in Sept 2015, notice of which has been provided to the Defendant. Def has failed to make payment in accordance with the terms of the agreement despite requests for such payment. Claimant claims £500 plus costs."

I have been poorly. I will send the CCA and CPR off, but does my partner have to sign them? Not sure about giving them his current signature.

The PPI was refunded because my partner did not tick the box asking for PPI. We have the Ombudsman's Decision. Cap One only refunded an amount for the total of PPI payments. They did not calculate and refund any sum for £12 late fees, non payment fees, admin fees, monthly interest or 8% interest. If Cap One had complied fully with the Decision my partner would have had a cheque from them.

Cabot say £500 is owing to them but I calculated that a far larger sum is owing to my partner. This would be much larger now as it has continued to accrue.

Regarding the same Cause of Action - it would be the same because the account fell into arrears because of the PPI payments, and went progressively further into arrears because my partner said he would only pay a nominal amount until the PPI claim was resolved. At that time he did a Subject Access Request.

Account was opened in early 2007.

Unfair relationship point is worth further investigation, thank you.

I am clearing my desk in a week or so, so I can put this to bed.

If Cabot are unlicensed, do they have the right to bring an action?
Bye for now,
FF

Yes your partner needs to sign the documents. If you have concerns you could make an additional mark by the signature so you can identify it ( it is extremely unlikely - ie. it doesn't happen - that they would try attempting fraud in that way )

The ombudsman's decision should be used in your Defence of course, if you can post a copy of it it might assist, or if you post up your defence draft - there isn't a great deal of knowledge in the courts about enforcing a FOS decision so it needs spelling out that it is akin to a judgment and that this is litigating on an already judgmented case.

Did they send you a breakdown of their calculations and have you gone back to the Ombudsman to complain that Cap One have failed to comply?

When was the adjudication originally ? ( some time ago I guess if its been round the DCA houses since ) So re Statute Barring - it doesn't sound like there was a break between making the complaint on PPI, making nominal payments, defaulting during the complaint, and the ombudsman adjudication being made - so really cause of action would be the adjudication.

Re the licencing - Cabot Financial UK do not have a licence with the FCA for debt collecting which is a 'specified activity' and are, therefore, potentially committing a criminal offence and not entitled to bring the claim ( exercise rights under a consumer credit agreement) . I say potentially because other parts of the Cabot empire are authorised ... so it isn't an easy argument to make and I don't know what they argue in response to it being pleaded in a defence.

[pt2537]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

If Cabot are unlicensed, do they have the right to bring an action?

The Court cannot allow a criminal offence to be commited, if the Claimant is not authorised, and requires authorisation, then no it seems they cannot

[pt2537]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Were you ever a member of another forum? 'pt2537' seems familiar

haha, yes a few actually, my username is my old university username so i use it everywhere

[FaithForever]

Re: Court Claim - CABOT FINANCIAL (UK) / CAPITAL ONE - 15-9-2017

Thanks Amethyst, I have looked at Cabot and it would appear that they are not covered by another Cabot clone. I have yet to write the Defence. It will be, 'In the first my Defence will be that this is Statute Barred (etc .....), and in the first alternative, should the first Defence fail, that Cabot are unlicensed, (etc .....) and in the second alternative, should the other two Defences fail, the Ombudsman's Decision (etc ....) including a calculation of the account; Counterclaim; for the amount shown by the reconstructed account, etc.

Will reply to your questions later. thanks pt and Diana.