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

[Stu]

Hi, today received a claim for a Capital One card from 2009 from a legal representative of Cabot Financial, with advice from NDL I was advised to contact the representatives (Weightmans LLP) to get information on the debt and payments made to their claim but to no avail they refused to give anything, so was further advised from NDL to contact Cabot directly who were happy to give me payments and dates..

If I could give a small insight to the situation, the default was or is due to drop of my credit file this november thus being 6 years old I already believe this debt to be statute barred before the November date and I was going to defend myself with that of what I thought but now after speaking to Cabot they have said there was a payment made after the default was put in place, I'm very dubious about that and if it is true or not, they did say that they will send paperwork out to me with this information but it would take up to 8 weeks... Firstly I HAVE given my acknowledgment of service but what to do now, after reading many posts on here I understand i should send a CCA request and will send it to the address on the CCJ form i have received and also i will send a CPR to the solicitors who have made the claim, but my concern is time scales i believe i have 28 days but what if they the DC & DC solicitors do not send the information in time..?

Should i send the requests recorded?
Should i sign the documents?

Any other information would be greatly appreciated .

[judgemental24]

Re: Today received a court claim

If the default is due to drop off your credit file this november,

When was the last payment made on this account??

You get Cabot to prove when and how this payment was made. It is an old trick a few DCA play. They tried it on me but that was Lowell, not Cabot

If not within the next 28 days we put it in your defence to get them to release any data on this alleged payment.

[Stu]

Re: Today received a court claim

If the default is due to drop off your credit file this november,

When was the last payment made on this account??

You get Cabot to prove when and how this payment was made. It is an old trick a few DCA play. They tried it on me but that was Lowell, not Cabot

If not within the next 28 days we put it in your defence to get them to release any data on this alleged payment.

I believed it to be well before the default date of the 9th of November 2009 but they are saying it is the 18th of December 2009

[judgemental24]

Re: Today received a court claim

This is a trick a few DCA are playing at the moment so do not worry about it with phantom payments. A credit account is normally defaulted three momnths after the last missed contractual payment (Cause of action) That cause of action is missing that contractual payment.

Can you please type out the particulars of claim from Cabot. We can then edit a request under CPR then for copies of documents mentioned in the claim.

[judgemental24]

Re: Today received a court claim

Who are the solicitors for Cabot, who do you address all communications to??

It will be on the claim form

[Stu]

Re: Today received a court claim

This is a trick a few DCA are playing at the moment so do not worry about it with phantom payments. A credit account is normally defaulted three momnths after the last missed contractual payment (Cause of action) That cause of action is missing that contractual payment.

Can you please type out the particulars of claim from Cabot. We can then edit a request under CPR then for copies of documents mentioned in the claim.

As silly as this sounds and forgive me for it It does say on the front of the claim form "Particulars of the claim" is that what you would like to know? I only ask as there is not really that much on there is states :-

1. the defendant entered into a credit agreement with Capital One (Acc No)
2. The claimant, a UK Ltd Company with company Number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account

3.The defendant is indebted to the claimant in respect of the amount in the sum of £***.**

4. the Claimant claims the said sum of £***.** plus costs ..

- - - Updated - - -

It is Weightmans LLP, the plaza, 100 old hall street Liverpool...

[judgemental24]

Re: Today received a court claim

That is fine

Give me a moment

[judgemental24]

Re: Today received a court claim

Claim Number: xxxxxxx
Cabot v. Stu82

Weightmans LLP

I am in receipt of your letter dated xx xx xxxx in which you state I made an alleged payment to a debt originally owed to Capital One. Please note I do not acknowledge any debt to Cabot and refute the claim that any such payment was made by me.
As Cabot has now instigated action through the county court (DATE OF CLAIM) and made a statement that a payment has been made during the previous six years, I now require the following:

1. The method of payment ie.: Cheque, Postal Order, Bank Transfer, Debit/Credit Card Cash.
2. If a cheque payment was made Cabot MUST provide the name of the drawer, the name of the bank on which the cheque was drawn, the sort code of the bank, the cheque number, the account number, nothing less is acceptable.#
3.If a Bank Transfer was made detail as 2. Above must be provided.
4. If a postal order was used Cabot must provide the number of the order, the ID of the post office issuing the order, the signature on the order (if signed) the date the order was cashed.
5.If a debit or credit card payment was made Cabot must provide; The Name on the face of the card, the 16 digit card number, the 3 digit security number, the issuing bank ID, the type of card ie: Visa debit, Visa Credit, Master Card or other issuer.
6. If Cabot allege a cash payment was made to whom was the payment made.

I state formally that the alleged debt is statute barred and I will not be paying at any time.

You are reminded that the onus of unequivocal proof that the alleged debt is not statute barred lies entirely with Cabot, vague claims of alleged payments will not be accepted.

ENCLOSE A COPY OF THE CABOT LETTER TO WEIGHTMANS SAYING IT IS NOT STAUTE BARRED

[judgemental24]

Re: Today received a court claim

Enclose a seperate CPR Request for a copy of the agreement, full statement of account, copies of the assignment notice as well when you send the above to weightmans.

[Stu]

Re: Today received a court claim

Thank you very much, i am currently on the CCA & CPR now do i send the above to both cabot and weightmans and just to clarify send it separately but in the same envelope ?

And again your help is very much appreciated

[judgemental24]

Re: Today received a court claim

You now send everything and anything direct to Weightmans by Recorded delivery.

Send nothing to Cabot

Forget the CCA REQUEST. The CCA request to Cabot will be covered inder the CPR 31.14 request to Weightmans along wth statement of account and assignment notice

[Stu]

Re: Today received a court claim

Do i send the CCA to Weightmans ?

[judgemental24]

Re: Today received a court claim

No, as stated, that is covered under the CPR 31.14 request

A request for the CCA under section 77-79 CCA 1974 is now irrelevant

[Stu]

Re: Today received a court claim

Ok thanks much appreciated

[Stu]

Re: Today received a court claim

Just quickly if i can on the template CPR form when it states vvv what date do i put on ? I am also unsure as what to put for numbers but these are the particulars again 1. the defendant entered into a credit agreement with Capital One (Acc No)
2. The claimant, a UK Ltd Company with company Number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account

3.The defendant is indebted to the claimant in respect of the amount in the sum of £***.**

4. the Claimant claims the said sum of £***.** plus costs ..

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.,