DISCONTINUED CCJ from Wright Hassall on behalf of Cabot

**nemesis45** · 21st February 2016, 14:54:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

THE PW is on the bottom of the N1.

Be very careful when sending a CCA request to Cabot it's being very obstructive on these,
denying receiving the request and or the £1 fee.
Use a Postal Order Write " For Statutory Fee Only" on both sides, keep a photocopy of the PO
get a receipt for it.

Send by signed for post . check delivery/signed for date.
Make sure PO is made payable to Cabot exactly as the name shown on the claim form.

nem

**Amethyst** · 21st February 2016, 14:58:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Just to check when you say this is the second claim brought against your father by Cabot - is it for the same, or a different, debt ?

Also can you just put a follow up on your other thread so we know what happened with that claim.

**Pos1tive** · 21st February 2016, 15:06:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello [MENTION=6]Amethyst[/MENTION], it is a different claim altogether., as the 1st claim was on behalf of Opus Credit.

**Amethyst** · 21st February 2016, 15:07:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Okay good

Carry on then... sounds like you know the drill xx

**Pos1tive** · 21st February 2016, 15:08:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Thank You [MENTION=55034]nemesis45[/MENTION], I will keep this in mind.

**Amethyst** · 21st February 2016, 15:08:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

On statute barring issue, if the last payment WAS in Feb 2010 then it is unlikely to be statute barred as the cause of action wouldn't be until the first missed payment (as they would be unable to recall the full debt until you breach the agreement ).

**Pos1tive** · 21st February 2016, 15:22:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Can anyone advise when I should file my defence and/or counterclaim, I require inspection of documents the Claimants Solicitor mentions on the CCJ and want to advise them this date.

Important Dates:
CCJ Issue Date: 11th Feb 2016
Received: 13th Feb 2016
Acknowledged: 21st Feb 2016 (Today)

Assuming as I have Acknowledged Service, this would be 33 Days from 11th Feb so being 16th March 2016 - can anyone confirm please - would be apppreicated.

**charitynjw** · 21st February 2016, 15:34:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Deadline

From issue date, 28 days + 5 days to allow for post = 33 days, as you've acknowledged already.

There's a 'check your dates' at the top of this thread.

You don't want to leave it 'til the last minute (in case of Murphy's Law), but it would be good to see what the other party can cough up.

**Pos1tive** · 21st February 2016, 15:45:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Thanks [MENTION=5553]charitynjw[/MENTION], Using the Tool I can see it is 15th March, not 16th March which I counted - Great Tool

**Pos1tive** · 28th February 2016, 15:08:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello [MENTION=55034]nemesis45[/MENTION], [MENTION=5553]charitynjw[/MENTION], [MENTION=6]Amethyst[/MENTION],

Hope all are having a nice weekend.

I have received a reply to my CPR Request from Wright Hassall Solicitors Dated 24th Feb, received 26th Feb.

Typically as expected they write:

"We thank you for your letter dated 19th February 2016.

In relation to your Civil Procedure Rules Part 31.14 request, we note that the value of this claim is less than £10,000.00 and therefore this claim is likely to be allocated to the small claims track. It is therefore likely that CPR r.31.14 will not apply. However, in order to comply with our disclosure obligations as they arise, we have requested copies of the relevant documentation from our client and will forward these documents to you upon receipt. Please note, this can take up to 6-8 weeks if requested from the original vendor which in this case is Capital One Credit Card.

We note from your letter you are in receipt of a Claim Response Pack, issued to you by the County Court Business Centre. Please be aware, whilst we have requested the relevant documentation for you, if a response to the County Court Claim is not received within the time limits specified, we are instructed to obtain Judgement in Default against you."

I am a little confused about the last paragraph. Please can someone advise how to proceed now and what to do next.

To also highlight, I have not received a response to my CCA Request to Cabot.

**nemesis45** · 28th February 2016, 16:19:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Originally posted by Pos1tive View Post

Hello @nemesis45, @charitynjw, @Amethyst,

Hope all are having a nice weekend.

I have received a reply to my CPR Request from Wright Hassall Solicitors Dated 24th Feb, received 26th Feb.

Typically as expected they write:

"We thank you for your letter dated 19th February 2016.

In relation to your Civil Procedure Rules Part 31.14 request, we note that the value of this claim is less than £10,000.00 and therefore this claim is likely to be allocated to the small claims track. It is therefore likely that CPR r.31.14 will not apply. However, in order to comply with our disclosure obligations as they arise, we have requested copies of the relevant documentation from our client and will forward these documents to you upon receipt. Please note, this can take up to 6-8 weeks if requested from the original vendor which in this case is Capital One Credit Card.

We note from your letter you are in receipt of a Claim Response Pack, issued to you by the County Court Business Centre. Please be aware, whilst we have requested the relevant documentation for you, if a response to the County Court Claim is not received within the time limits specified, we are instructed to obtain Judgement in Default against you."

I am a little confused about the last paragraph. Please can someone advise how to proceed now and what to do next.

To also highlight, I have not received a response to my CCA Request to Cabot.

The court processes continue regardless of non compliance of a CCA request or CPR31.14.

So you must have Acknowledged Service of The Claim. ( Intention to defend) And subsequently
must file your defence on time. i.e. within 33 days of date of issue.

nem

**Amethyst** · 29th February 2016, 11:19:AM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Predictable response there

so nothing to worry about. The final paragraph just means to put your defence in before the original deadline. They are not allowing any extension. So you can start putting that together based on http://legalbeagles.info/forums/show...t-Court-Claims ready to send in around 10th March.

**Pos1tive** · 5th March 2016, 21:04:PM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello All,

Yes [MENTION=6]Amethyst[/MENTION], got the typical response from Wright Hassall Solicitors.

I today (Sat 5th March) received a response from Cabot stating:

"We confirm that we do not hold all your information on file, therefore we have requested a copy of the Original Statement and Agreement from the original creditor and will forward to you upon receipt

The account is on hold whilst we await this information"
[MENTION=6]Amethyst[/MENTION], you mention that I should start doing my defence to submit on or around 10th March 2016. But I am a little confused about the dates.

To recap:
1. CCJ Issue Date: 11th Feb 2016
2. Received: 13th Feb 2016
3. Acknowledged: 21st Feb 2016
4. Sent CCA Request to Cabot on 23rd Feb (Signed for), they received on 24th Feb and replied dated 3rd Mar, received 5th Mar
5. Sent: CPR Request to Wright Hassall Solicitors on 23rd Feb (Signed for), they received on 24th Feb and replied dated 24th Feb, received 26th Feb

So would you say based on the above I would have originally prepared my defence for 15h March? Exactly what are Wright Hassall not extending? Is this basically 28 Days rather than 33 Days now?

I have started my defence

Just want to know exactly when to send this.

My rough defence is as follows and would appreciate some feedback considering / with relevance to Particulars of Claim:

Particulars of Claim:
The claimants claim is for debts arising from consumer Credit Card Act 1974 agreements. The Claimant is the assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Capital One. Account XXXXXXXXXXXXXXXX £6XX.XX. Despite demands for payment, the above sums remain due. The Claimant therefore claims the sum of £6XX.XX interest under s.69 County Courts Act 1984 and costs.

1. I, the Defendant have received the claim XXXXXXXX from the Northampton County Court on 13^th February 2016.

2. Each and every allegation in the Claimants Particulars of Claim is denied unless specifically admitted in this Defence. I require the Claimant to prove each and every allegation as pleaded in its Particulars of Claim.

3. This claim appears to be for debts arising from Consumer Credit Act 1974 agreements. It is claimed the claimant is an Assignee OF A DEBT WITH Capital One.

4. It is denied that the Defendant entered into a contract with Capital One. For the avoidance of doubt the Defendant puts the Claimant to strict proof of its allegations and requires the Claimant to produce the aforesaid agreement / contract which the Defendant is alleged to have agreed. The Defendant avers that the Claimants claim as pleaded is incapable of proof.

5. The Claimants Particulars of Claim fail to state when the agreement was entered into.

6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant if an agreement existed.

7. On 23^rd February 2016, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Wright Hassall Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.

8. Wright Hassall Solicitors has not sent any of these documents to the Defendant.

9. On 23^rd February 2016, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with [s 78 (1)] Consumer Credit Act 1974 and by virtue of [s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

11. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim; however they have failed to do so.

12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

Questions:

1. Is Point 11. Valid?
2. Do I need to mention anything with regard to the Particulars of Claim, particularly the statement:
"The Claimant therefore claims the sum of £6XX.XX interest under s.69 County Courts Act 1984 and costs."

Appreciate all the Legal Beagles Community / Forum's Support.

**Pos1tive** · 8th March 2016, 11:44:AM

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45, @charitynjw, @Amethyst,

Can anyone help with my last Post? Is my defence sufficient?

DISCONTINUED CCJ from Wright Hassall on behalf of Cabot