northampton claims court.... please help

[melvinator]

ok firstly yes i owe the debt but they refused a offer of £10 a month and since then its progressed to court letter. im looking for someone to offer advice and if time step by step guide how to sort this.
the creditor was capital one and i cant be sure but i think original debt was between £500 and £1000 now on court paper total is £1345.
i tried sorting out capital one a long time ago offering £10 a month but they refused saying it doesnt cover it. now were a family with 3 kids and we work but benefits is a main income. both my partner and i struggle with anxiety so actually going to court in person would be a challenge hopefully we can avoid this.
ok today i receive a claim form from cabot financial, solicitors are mortimer clarke.

the particulars is:
by an agreement between capital one bank and the defendant on or around 25/06/2014 issued with credit card and failed to make the minimum payments..

firstly surely they should know specific date ? anyway i need defend this i know i need reply asap but i want see original agreement and i feel its unfair as i had offered a payment plan when capital one had the debt in which they refused and failed to send contract agreement. i should of recorded post the letter but i never so my word against theirs no doubt. i have ignored all solicitors letters if im honest which is why i got this today.
so whats best plan of action last thing i need is ccjs

please help and your time is appreciated i never been through this before

[Kati]

Re: northampton claims court.... please help

to LB [MENTION=111880]melvinator[/MENTION] ... here's a link to your first steps - https://legalbeagles.info/library/gu...y-court-claim/

go through that; acknowledge the claim, cca and cpr requests (links on the first steps page).

I'm sure you'll get help with everything from the knowledgeable Beagles xx

[melvinator]

Re: northampton claims court.... please help

thank you im looking into everything any idea on percentage how often they still fight after you reply with defend in full

ok im going defend in full send of for requests of agreement etc. should they be able to deliver the agreement what is my best step and on other hand if they dont again what should i do. i just want to be prepared for it. so i can try keep one step ahead so to speak

[Debt Camel]

Re: northampton claims court.... please help

This is a recent debt. The chance of the creditor giving up because you reply you want to defend it in full is about zero.

It is also likely they will be able to produce the CCA agreement. Which leaves you trying to argue there is something wrong with the assignment documentation. Not an easy defence for anyone, especially if you think going to court will be a challenge.

Do you have other debts as well as this one?

[melvinator]

Re: northampton claims court.... please help

i do yes but none have taken me to court before. i was just about to post for help filling in form i believe i done once to claimant correctly but the one to solicitors im a bit unsure on



Dear Sirs,

Claim Number: XXXXXX
Request for documents mentioned in a statement of case under CPR 31.14

On 6^th January 2018 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full. 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/xx/xxxx.

1. The Credit Agreement between Capital One Bank (Europe) PLC and myself xxxxx xxxxx
2. The Default Notice
3. The Agreement between Capital One Bank (Europe) PLC and Cabot Financial (UK) Limited as the debt was passed or sold to them without any written acknowledgement to myself
4.I would also like a copy of formal demand.



In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective. You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court. For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 08/01/2018. I look forward to hearing from you.
Yours sincerely
xxxx xxxxx

anything else i need to include ?

[melvinator]

Re: northampton claims court.... please help

ive looked upon before it gets to this stage i can offer token payments to creditors ie £1 a month then they sell on the debt or give up is this correct? last thing i want is ccj i love be debt free again

if i contact the claimant offering £10 a month which is what i offered capital one do you think they will accept. end of day i owe the money yes but what i dont have they cant have.

[Diana M]

Re: northampton claims court.... please help

Is the Claimant named as Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd which is unlicensed.

It matters.

Di

[melvinator]

Re: northampton claims court.... please help

Cabot Finacial (uk) Limited
1 Kings Hill
West Malling

[Diana M]

Re: northampton claims court.... please help

Cabot Finacial (uk) Limited

Which is unlicensed.

Di

[melvinator]

Re: northampton claims court.... please help

so what is my next step
di
i just double checked the fca and it comes up with lasped and i read elsewhere that there is legislation that prevents firms using their sister/group companies is this correct if so surely they have no leg to stand on ?
others commented elsewhere saying they can still operate under europe but others saying that cabot uk can not operate at all and is a criminal offence in which to do so they shouldnt even be able to pass the debt on as they have no legal right in collecting or managing debts. this is all new to me but the more i dig the more i find this interesting. all these corporations are full of it these days not just debt collectors.

im also trying to ask for all relavant documents but in the particulars it says agreement not contract and does NOT state anywhere default notice just that the defendant failed to make minimum payments or is that the same as default notice

[melvinator]

Re: northampton claims court.... please help

anyone give me any more infor or advice?

[melvinator]

Re: northampton claims court.... please help

still reading loads of posts from this site and many others. it seems cabot uk are operating under cabot europe as an appointed person/persons which looks like they can do unless you all know something i dont know
Why does the FCA website say your permissions have lapsed? Doesn’t this mean you aren’t authorised?

The FCA register shows our permission as lapsed because we have been made an appointed representative of Cabot Credit Management Group Limited. Thousands of firms conduct regulated activity on this basis in the banking and insurance sector. This does not mean we are not authorised, it means we are exempt from authorisation.



What is an appointed representative?

An appointed representative is a firm or a person who is exempt from being authorised by the Financial Conduct Authority but carries out regulated activities and acts as an agent for a firm who is authorised by the Financial Conduct Authority. The firm that is authorised is known as a ‘principal’ firm and takes full responsibility for the activities of the appointed representative.
Cabot Credit Management Group Limited acts as principal regulated firm and has appointed Hillesden Securities Limited t/a dlc as appointed representative to perform debt-collecting or debt administration activities.
im guessing be same for cabot financial (uk) limited ?

[Kati]

Re: northampton claims court.... please help

so ... you've acknowledged the claim and sent off cca/cpr requests?

Your defence isn't due until 33 days from the date of issue on the claim form, so you should have a bit of time yet to get things sorted out.

I'm unsure what Cabot being unlicensed actually means (in regards to their collections activities etc...) so hopefully [MENTION=87380]Diana M[/MENTION] will be able to clear that up for you soon

[melvinator]

Re: northampton claims court.... please help

cheers kati no im going be sending them of monday or tuesday i just need someone to look over them prior to sending to ensure theyre ok to send. i got wait till monday so i can enclose the £1 postal order but want the letters ready so can send recorded at same time

[Kati]

Re: northampton claims court.... please help

cheers kati no im going be sending them of monday or tuesday i just need someone to look over them prior to sending to ensure theyre ok to send. i got wait till monday so i can enclose the £1 postal order but want the letters ready so can send recorded at same time

can you type out the particulars?