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

[Amethyst]

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

I think lead with the Ombudsman decision myself, then the s.77-79 CCA and CPR info, then Stat Barred, then licencing. ( think that's the right order of importance ?)

[FaithForever]

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

Hello Everybody,

I have given the CCA and CPR 31.14 to my partner to post tomorrow.

The account was opened in May 2007.

The Ombudsman Service at first ruled against my partner but as it was a low-level adjudicator, and a silly Decision in the face of documented facts, I asked my MP for assistance. The head of the Ombuds Service became involved. The case was revisited by an actual Ombudsman, who ruled in my partner's favour. When Cap One did not pay, we complained to the Ombud, but did not receive a reply.
Bye for now,
FF

[FaithForever]

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

The two letters have gone off. Now we will wait and see.

FF

[Diana M]

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

May I ask when (what year) was the FOS complaint/investigation/decision on the PPI refund and was that before or after the debt was assigned to the Claimant in September 2015 (according to the POC)?

You say your partner's last payment was in 2010 which is why you believe the debt to be Statute Barred but the last payment isn't necessarily the only cause of action for SB purposes if the debt was acknowledged in writing afterwards.

What was the date of the Capital One Default Notice (if one was issued/served) and what was the remedy Date?

Di

[FaithForever]

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

May I ask when (what year) was the FOS complaint/investigation/decision on the PPI refund and was that before or after the debt was assigned to the Claimant in September 2015 (according to the POC)?

You say your partner's last payment was in 2010 which is why you believe the debt to be Statute Barred but the last payment isn't necessarily the only cause of action for SB purposes if the debt was acknowledged in writing afterwards.

What was the date of the Capital One Default Notice (if one was issued/served) and what was the remedy Date?]

The FOS Complaint Form was completed circa June 2011. The FOS Final Decision was May 2013. My partner received an apology from the FOS about the length of time it had taken for the complaint to be dealt with, and for the way in which it had been dealt with. The apology came after our MP wrote to the FOS.

My partner has always held that he did not owe any debt because Cap One fraudulently added PPI to the account, even though my partner did not tick the 'I want PPI' box on the Credit Agreement. This is a fact that my partner proved to the Ombudsman by producing the documentary evidence. My partner argued that there was no debt because the PPI refund far exceeded the alleged outstanding balance. During the Complaint to the Ombudsman, my partner always maintained that there was no debt. The alleged debt has never been acknowledged to anyone. I was scrupulously careful about that. The last payment on the account was March 2011 (having checked the bank slips). Also sent £1 to Cap One in July 2011 for a CCA request, stating that this was not to be taken as a payment off the account. I believe Cap One returned the £1. Six years from March 2011 = March 2017.

On my partner's credit files (Equifax etc) there are no debts showing. This debt has been removed.

The account was in dispute when Cap One sold it on to another debt collector (not Cabot). Without looking at my records, I believe there have been 4 debt collectors who purchased the 'debt'. I informed them all of the Ombudsman's Decision and they all in turn sold the account on. Cabot is the latest debt collector.

I believe the first actual Default Notice from Cap One was Jan 2009. They only sent several. They sent more letters (the first was Dec 2008) than Default Notices, saying that the monthly payment had bounced. However, the letters did not fulfil the legal requirements to be considered as Default Notices.

Cap One's Default Notices never stated a Remedy Date. Their last one was 11.2009.

Cabot's actions surely also fall under S40 of the Administration of Justice Act and Protection from Harassment Act 1997, C. 40? A criminal offence? Should we not be getting the police involved?

[FaithForever]

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

Hi All,

Actually, should I not just get my partner to do the obvious, and send Drydens/Cabot a Statute Barred letter, advising them,

'There appears to be a deliberate attempt to mislead and misrepresent thecorrect legal position, contrary to FCA Rules. I will be reporting thisdeceptive conduct and will bring it to the attention of the court.
and

'Unless you can provide evidence of payment or written acknowledgement from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

I would also point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8'

?
FF

[FaithForever]

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

Hi All,

Actually, should I not just get my partner to do the obvious, and send Drydens/Cabot a Statute Barred letter, advising them,

'There appears to be a deliberate attempt to mislead and misrepresent thecorrect legal position, contrary to FCA Rules. I will be reporting thisdeceptive conduct and will bring it to the attention of the court.
and

'Unless you can provide evidence of payment or written acknowledgement from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

I would also point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8'

?
FF

Your site has gone a bit weird.

[Diana M]

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

Maybe you need to establish whether your PPI reclaim which concluded in 2013 acknowledged the debt despite the last payment in March 2011.

It's hard to see how you can make a reclaim without acknowledging it but without seeing the correspondence that can't be certain.

You also say the account was still in dispute when it was assigned to the Claimant in 2015 so was there any further correspondence in relation to the account with Capital One after the FOS final Decision in 2013?

Di

[Amethyst]

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

Your site has gone a bit weird.

It's always been a bit weird xxx what's up? your post looks okay.

[FaithForever]

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

Hi,

It froze and made me post it twice.

[FaithForever]

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

So, Clark v In Focus.
“Where a complaint to the FOS relied on the same facts as those founding a cause of action in subsequent court proceedings, and an FOS decision on that complaint had been accepted, the court should dismiss the proceedings.” https://www.blplaw.com/expert-legal-insights/articles/caught-by-the-fos-clark-v-in-focus-asset-management

In other words, because Cap One accepted the Ombudsman’s Decision, this case can never be tried again through a court, because it has the same cause of action, {no double jeopardy}, and the CC Judge should dismiss the proceedings.
Have I understand that correctly?

FF
xx

[warwick65]

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

Hi
Just a thought though
From my reading of the case it was about the same person making the complaint and bringing the claim not you making a complaint and the creditor bringing the claim. If that is the case your argument is flawed

however , if I am wrong,

Wouldn't the COA for bringing a claim be that a payment(s) were missed and the contract breached

[FaithForever]

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

Yes, I thought that as well, but - the outcome of the Ruling is that FOS is a Judge and the CCJ should dismiss the proceedings.

What's COA? If it were a breach of contract then Unfair Relationship would come into it? Yes? No?

- - - Updated - - -

Have just sussed that the clock on the site is one hour out.

[warwick65]

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

COA= cause of action

Why would unfair relationship come into it?

[FaithForever]

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

Might be getting my Acts mixed up. If Cabot are aware that it is SBarred and they are deliberately going to Court to coerce money out of my partner, it is a practice that is considered unfair.

Office of Fair Trading Code of Guidance:
'It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.'

'Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.'

Certainly harassment under S40 of the Administration of Justice Act 1970, criminal offence. Though Cabot's defence could be that my partner says he is not a debtor, LOL.

B4N
FF
xx