Cabot court case for capital one

[The Fonzy Quiff]

Hi, first time ive used this so thank you in advance for any help i get.

I received a claim form with the following:-
The claimants claim is for the sum of £420 under an agreement regulated by the Consumer Credit Act 1974, between the defendant and Capital One account number XXXXXXXXX and assigned to claimant on 23/09/2015, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment and the claimsnt claims the sum of £505 together with costs.

Now i have no recollection of this debt so i ignored their letters. Checked experian and cannot see this account number anywhere stating it had defaulted. No account number.

Ive read a few threads on here already which say i should send a SAR and reply to the court that i am to defend the claim, is this the right steps do you think? Thanks

[NWHC]

Re: Cabot court case for capital one

Whatever you do , do not ignore
here is a link for 1st steps

http://legalbeagles.info/forums/show...it-Court-Claim


Send a CCA request to Cabot and enclose the fee of £1 , I would cross it but leave the payee blank - send by signed for post

Send a CPR request to the solicitors but all you can ask for is what has been mentioned in the particulars of claim which are the agreement and notice of assignment

Personally I would also send a letter to Cabot saying that you know nothing of the debt and that you will defend this , in order to save time and costs you suggest they discontinue immediately

[The Fonzy Quiff]

Re: Cabot court case for capital one

Ok thanks for the quick response, whst does contest jurisdiction mean? I have ticked i want to defend all of this claim but im unsure on this

[NWHC]

Re: Cabot court case for capital one

I believe that would only apply if you live in a different part of Great Britain such as Scotland or Northern Island

I will tag [MENTION=6]Amethyst[/MENTION] to see if I am correct

I doubt you will need to do anything

[Amethyst]

Re: Cabot court case for capital one

No, no need to contest jurisdiction - just the intend to defend in full box needs ticking NWHC is correct ( its also whether the calim has been brought in the right kind of court but as it has there's no need to worry about it)

[The Fonzy Quiff]

Re: Cabot court case for capital one

Thanks for reply

Im a novice when it comes to all this lark but how would i find out if a card is status barred? Would my credit file show me?
Thanks

[NWHC]

Re: Cabot court case for capital one

Statute barred is very complicated particularly if its a current account
However
Its basically 6 years from the cause of action or the last payment or written acknowledgement whichever is the later
The cause of action is the point at which the claimant could first demand payment which is where the problem comes [MENTION=29921]nemesis[/MENTION] [MENTION=48934]Debt Camel[/MENTION] might be able to help

[charitynjw]

Re: Cabot court case for capital one

Hi, first time ive used this so thank you in advance for any help i get.

I received a claim form with the following:-
The claimants claim is for the sum of £420 under an agreement regulated by the Consumer Credit Act 1974, between the defendant and Capital One account number XXXXXXXXX and assigned to claimant on 23/09/2015, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment and the claimsnt claims the sum of £505 together with costs.

Now i have no recollection of this debt so i ignored their letters. Checked experian and cannot see this account number anywhere stating it had defaulted. No account number.

Ive read a few threads on here already which say i should send a SAR and reply to the court that i am to defend the claim, is this the right steps do you think? Thanks

Statute barred is very complicated particularly if its a current account
However
Its basically 6 years from the cause of action or the last payment or written acknowledgement whichever is the later
The cause of action is the point at which the claimant could first demand payment which is where the problem comes @nemesis @Debt Camel might be able to help

cccc

[nemesis45]

Re: Cabot court case for capital one

Some debt purchasers will ague that " the date an account fell into default " starts the clock, by that they mean the date a default was registered and reported to credit reference agencies.
Reality (in my opinion) it is the date the bank can/ does Demand Immediate Payment In Full/ Final Demand For Payment. which can be some considerable time earlier that the date a default is recorded on CRA's
As seen with Barclays and Lloyds accounts In particular.

nem

[NWHC]

Re: Cabot court case for capital one

Some debt purchasers will ague that " the date an account fell into default " starts the clock, by that they mean the date a default was registered and reported to credit reference agencies.
Reality (in my opinion) it is the date the bank can/ does Demand Immediate Payment In Full/ Final Demand For Payment. which can be some considerable time earlier that the date a default is recorded on CRA's
As seen with Barclays and Lloyds accounts In particular.

nem

Surely that is utter rubbish and no judge would agree because we all know that default date on a credit file is not necessarily related to the actual default date
After reading a couple of court cases both regarding Link it seems that
If the agreement allows for i,t the contract can be terminated at any time with notice , often 30 days OR a S87(1) default notice has to be served and not complied with before termination. I would guess that it would be 18 days after the date of the DN ( That is being generous and allowing 4 days for service and the statutory 14 days for remedy.

[The Fonzy Quiff]

Re: Cabot court case for capital one

Ok ive sent the cca to cabot and the cpr to solictors now its wait for the reply if any! Then build my defence.
Is there any other site i can look at all credit files on me? Will they bevdifferent to the info experian have on me?

[NWHC]

Re: Cabot court case for capital one

There are two free sites , Noddle is one . You can also sign up to one of the free trials that equifax and experian do however it takes a few days. If you do just remember to cancel the trial

[nemesis45]

Re: Cabot court case for capital one

Surely that is utter rubbish and no judge would agree because we all know that default date on a credit file is not necessarily related to the actual default date
After reading a couple of court cases both regarding Link it seems that
If the agreement allows for i,t the contract can be terminated at any time with notice , often 30 days OR a S87(1) default notice has to be served and not complied with before termination. I would guess that it would be 18 days after the date of the DN ( That is being generous and allowing 4 days for service and the statutory 14 days for remedy.

The phrase fell in to default, is also interpreted as the date a creditor is able to demand immediate payment in full of an outstanding balance on an account.
The reality is that the actual time scale for defaulting an account i.e. the vague " should be " placed within six months far to long.

With many creditors now leaving the default process until just before a portfolio of debts is to be sold on make the scenario even more vague and difficult to challenge.

Setting a time scale of 18 days cannot be relied upon every case will vary.

nem

[The Fonzy Quiff]

Re: Cabot court case for capital one

Thanks, so i joined noddle. I found a card linked to cabot from 2005 defaulted in aug 2010 which might be the debt they are pursuing but the account numbers are different?? Am i right in saying that aug 2016 is when the account reaches its 6 years defaulted which will mean its statute barred?
Also where do i stand if their account number info is wrong in the court claim form?

[nemesis45]

Re: Cabot court case for capital one

Thanks, so i joined noddle. I found a card linked to cabot from 2005 defaulted in aug 2010 which might be the debt they are pursuing but the account numbers are different?? Am i right in saying that aug 2016 is when the account reaches its 6 years defaulted which will mean its statute barred?
Also where do i stand if their account number info is wrong in the court claim form?

Hello Fonzy,

Unfortunately no the debt will not be statute barred as the court claim stopped the 6 year " clock" on the date it was issued.

Many debt purchasers substitute there own account numbers for the original creditors when the acquire a debt.

There is a point in checking when the last contractual payment / acknowledgment of the debt was made, as
Capone agreements have usually have a clause that states they can default after any missed payment.

nem