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Hi All
Firstly I am so grateful for these forums - been so much help so far so am hoping someone with experience can provide some advice.
Background:
Received a County Court Business Centre Claim form with Cabot as Claimant, Restons as solicitors, dated 1st June 2017 and the POC are as follows:
The C claims payment of the overdue balance due from the D under a contract between D and Capital One dated on or about Oct 12 2012 and assigned to C on September 20 2016,
It then gives the account number and states that the default balance is £554.62
As a result of a messy divorce with some fairly complicated finances it may well be that this is my debt. The problem is I cant recall it. I don't have a Capital One card or loan and have searched my bank statements for details of payments to them and nothing there - frankly I am not sure if it is even mine.
I suspect this is something my ex husband is responsible for as has been proven the case in other matters but right now I just do not know.
So - I Acknowledged service and said I would be filing a defence.
I sent a CPR letter to Restons on 12th June and a CCA letter to Cabot the same date. The Cabot letter had the £1 postal order and both sent recorded.
I have not had a response from Cabot.
On 26 June Restons sent me a snotty "we have a letter that purports to come from you but isn't signed etc". I replied on 27 June by recorded delivery again, essentially reminding them of the FCA rules, informing them that as per Hall v Cognos an electronic signature is acceptable and that I fully intended to defend the claim.
I filed the defence online with advice from here and have today received a letter from Restons, which in summary states the following ( my comments in red)
This has caused me so much stress. I would frankly rather just go to court now. Do I even need to reply to this at all?
If so how would you advise I reply?
xx
Firstly I am so grateful for these forums - been so much help so far so am hoping someone with experience can provide some advice.
Background:
Received a County Court Business Centre Claim form with Cabot as Claimant, Restons as solicitors, dated 1st June 2017 and the POC are as follows:
The C claims payment of the overdue balance due from the D under a contract between D and Capital One dated on or about Oct 12 2012 and assigned to C on September 20 2016,
It then gives the account number and states that the default balance is £554.62
As a result of a messy divorce with some fairly complicated finances it may well be that this is my debt. The problem is I cant recall it. I don't have a Capital One card or loan and have searched my bank statements for details of payments to them and nothing there - frankly I am not sure if it is even mine.
I suspect this is something my ex husband is responsible for as has been proven the case in other matters but right now I just do not know.
So - I Acknowledged service and said I would be filing a defence.
I sent a CPR letter to Restons on 12th June and a CCA letter to Cabot the same date. The Cabot letter had the £1 postal order and both sent recorded.
I have not had a response from Cabot.
On 26 June Restons sent me a snotty "we have a letter that purports to come from you but isn't signed etc". I replied on 27 June by recorded delivery again, essentially reminding them of the FCA rules, informing them that as per Hall v Cognos an electronic signature is acceptable and that I fully intended to defend the claim.
I filed the defence online with advice from here and have today received a letter from Restons, which in summary states the following ( my comments in red)
- The POC has enough information for me to understand the claim - yes it does but I don't think this debt is mine!
- Statements of account would have been sent to me on a monthly basis - not necessarily if internet account
- The credit agreement was dated 10/10/2012-The creditor had a right of assignment and that was exercised and I should have received a letter to notify me - well I didn't?
- Restons sent me a letter before action - they did I took no notice I must admit as I had no idea what they were on about and I didn't want to call them
- taking all that into account we respectfully request you check your own records as all the information you need has been provided to me in the lifetime of the account - I cant have records of something I know nothing about?
- It is their understanding a default notice was served so any argument about a non valid default notice will not assist me - I have not received anything like this that I can remember but they haven't confirmed when it was sent just that it is "their understanding"
- They are not aware of any s77/78 request to Capquest and want evidence of that - am I obliged to send them proof. I can do of course if needed
- My defence has no prospect of success and they will recommend to the client that application for strike out and costs is made if I don't want this then I must fill in the N9A admission form within 14 days. I cant admit to owing something I know nothing about!
This has caused me so much stress. I would frankly rather just go to court now. Do I even need to reply to this at all?
If so how would you advise I reply?
xx
