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**DISCONTINUED** Today received a court claim **UPDATE**

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  • #46
    Re: Today received a court claim

    **UPDATE FROM CABOT**

    Dear Sir

    Re.. Capital one ...Acc **************** - £***.**

    Thank you for your request for information under sections 77-99 of the consumer credit act 1974 (CCA)

    We currently do not have this information on file. However, we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender
    What happens next
    I can confirm that a CCJ was obtained against you on 13 May 2015, prior to your original CCA request being received. At no point did you raise any dispute to this matter prior to the judgment being obtained; therefore we are fully entitled to enforce the judgment and the duty to supply the requested information no longer applies. I have therefore returned your £1.00 fee

    As noted above, i have contacted Capital One to request the relevant documentation , which i will forward to you upon receipt but this will be for information purpose only. in the meantime I would recommend the you contact Cabot Financial (Marlin) on 0333 123 9999 to discuss your repayment options

    If you have any queries, please don't hesitate to contact me.

    Comment


    • #47
      Re: Today received a court claim

      Originally posted by stu82 View Post
      **UPDATE FROM CABOT**

      Dear Sir

      Re.. Capital one ...Acc **************** - £***.**

      Thank you for your request for information under sections 77-99 of the consumer credit act 1974 (CCA)

      We currently do not have this information on file. However, we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender
      What happens next
      *****************I can confirm that a CCJ was obtained against you on 13 May 2015,********************* prior to your original CCA request being received. At no point did you raise any dispute to this matter prior to the judgment being obtained; therefore we are fully entitled to enforce the judgment and the duty to supply the requested information no longer applies. I have therefore returned your £1.00 fee

      As noted above, i have contacted Capital One to request the relevant documentation , which i will forward to you upon receipt but this will be for information purpose only. in the meantime I would recommend the you contact Cabot Financial (Marlin) on 0333 123 9999 to discuss your repayment options

      If you have any queries, please don't hesitate to contact me.
      *******Have been through all this when a judgement has already been made?***********

      nem
      Last edited by Kati; 25th September 2015, 17:08:PM.

      Comment


      • #48
        Re: Today received a court claim **UPDATE**

        *******Have been through all this when a judgement has already been made?***********

        nem

        Sorry Nem im not sure i fully understand what you're asking

        I have given acknowledgment of service, and sent CCA & CPR and this is the first contact from them..

        Comment


        • #49
          Re: Today received a court claim **UPDATE**

          Originally posted by stu82 View Post
          *******Have been through all this when a judgement has already been made?***********

          nem

          Sorry Nem im not sure i fully understand what you're asking

          I have given acknowledgment of service, and sent CCA & CPR and this is the first contact from them..
          The letter you have quoted " I can confirm A CCJ was obtained against you on 13th May 2015 " was it ?

          nem

          Comment


          • #50
            Re: Today received a court claim **UPDATE**

            Cabot are saying you already have a CCJ on this. i.e. they have obtained judgement in May 2015

            You say you received a 'claim' on 19th Sept 2015 - which suggests a N1 claim form and N9 response pack.

            Both cannot be true, unless there is some HUGE cockup somewhere.

            Comment


            • #51
              Re: Today received a court claim **UPDATE**

              Absolutely not.... i received the ccj papers N1 & n9 ON THE 19TH and i have replied to the AOF, i think they have made a mistake or are trying to scare monger

              I have just checked my credit file, not sure why as i know its not true but there is no CCJ .

              I have in my hands a N1SDT CLIM FORM (04.14) and a N9A (SDT) FORM of admission N9B (SDT) AND SO ON...

              Comment


              • #52
                Re: Today received a court claim **UPDATE**

                Originally posted by stu82 View Post
                Absolutely not....
                So you are saying what Cabot say is not true.

                Not unknown for them to make a huge boo boo like that in a letter, mixing up one case with another.

                Comment


                • #53
                  Re: Today received a court claim **UPDATE**

                  Originally posted by stu82 View Post
                  Absolutely not.... i received the ccj papers N1 & n9 ON THE 19TH and i have replied to the AOF, i think they have made a mistake or are trying to scare monger

                  I have just checked my credit file, not sure why as i know its not true but there is no CCJ .
                  You need to check trustonline the register of judgement there's a small charge for each address checked.

                  nem

                  Comment


                  • #54
                    Re: Today received a court claim **UPDATE**

                    There is no CCJ against me Nothing registered ... so is this just a foul up and does it help in anyway?

                    My heart was in my mouth for a moment there....

                    Comment


                    • #55
                      Re: Today received a court claim **UPDATE**

                      Originally posted by stu82 View Post
                      There is no CCJ against me ... so is this just a foul up and does it help in anyway?

                      My heart was in my mouth for a moment there....
                      Is this based on a trust online check?

                      The comment in that letter re a previous CCA request is a puzzle from what you say.

                      My feeling is to e-mail Crapbot on Monday demanding an explanation of the statement.
                      Personally I'd do nothing until you get a response.

                      nem

                      Comment


                      • #56
                        Re: Today received a court claim **UPDATE**

                        It is a fairly safe bet they wouldn't issue a claim on a "debt" they already had a judgement on.

                        The s78 response will be b0llocks. Of course, you do need to check with the muppets.

                        M1

                        Comment


                        • #57
                          Re: Today received a court claim **UPDATE**

                          Originally posted by nemesis45 View Post
                          Is this based on a trust online check?

                          The comment in that letter re a previous CCA request is a puzzle from what you say.

                          My feeling is to e-mail Crapbot on Monday demanding an explanation of the statement.
                          Personally I'd do nothing until you get a response.

                          nem
                          Yes it was from trust online, i am as in the dark as anyone Nem, should i email or call? and then once i have then wait for a response? Thanks Nem

                          Comment


                          • #58
                            Re: Today received a court claim **UPDATE**

                            Originally posted by stu82 View Post
                            Yes it was from trust online, i am as in the dark as anyone Nem, should i email or call? and then once i have then wait for a response? Thanks Nem
                            Keep it either by e-mail or snail mail for a paper trail something is odd about this I agree.

                            nem

                            Comment


                            • #59
                              Re: Today received a court claim **UPDATE**

                              I will email them now asking for an explanation into their untrue account and where their information has come from and based on.. i will keep everything noted and saved, before i send the email maybe someone might like to add anything else i should add..?

                              Comment


                              • #60
                                Re: Today received a court claim **UPDATE**

                                Originally posted by stu82 View Post
                                **UPDATE FROM CABOT**

                                Dear Sir

                                Re.. Capital one ...Acc **************** - £***.**

                                Thank you for your request for information under sections 77-99 of the consumer credit act 1974 (CCA)

                                We currently do not have this information on file. However, we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender
                                What happens next
                                I can confirm that a CCJ was obtained against you on 13 May 2015, prior to your original CCA request being received
                                . At no point did you raise any dispute to this matter prior to the judgment being obtained; therefore we are fully entitled to enforce the judgment and the duty to supply the requested information no longer applies. I have therefore returned your £1.00 fee

                                As noted above, i have contacted Capital One to request the relevant documentation , which i will forward to you upon receipt but this will be for information purpose only. in the meantime I would recommend the you contact Cabot Financial (Marlin) on 0333 123 9999 to discuss your repayment options

                                If you have any queries, please don't hesitate to contact me.
                                The two statements just don't add up, why would they request the documents from the original lender when they have obtained a judgment and no longer have a duty to respond in the first place? :confused2: :noidea:

                                Originally posted by Nibbler View Post
                                Cabot are saying you already have a CCJ on this. i.e. they have obtained judgement in May 2015

                                You say you received a 'claim' on 19th Sept 2015 - which suggests a N1 claim form and N9 response pack.

                                Both cannot be true, unless there is some HUGE cockup somewhere.
                                Originally posted by stu82 View Post
                                Absolutely not.... i received the ccj papers N1 & n9 ON THE 19TH and i have replied to the AOF, i think they have made a mistake or are trying to scare monger

                                I have just checked my credit file, not sure why as i know its not true but there is no CCJ .

                                I have in my hands a N1SDT CLIM FORM (04.14) and a N9A (SDT) FORM of admission N9B (SDT) AND SO ON...
                                It does sound like an almighty cockup! Could it be that Crapbot got their accounts mixed up and pulled up the wrong one from their database, one that's subject to a judgment?

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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