Cabot Financial Vs TommyWal

[TommyWal]

Hi. This is my first post and would like some help/advice.

I have had a Claim Form sent to me for a debt from a credit card issued by Capital One.

Issue date - 12/12/2016
Amount Claimed - £1190.79
Court Fee - £70.00
Legal Rep Cost - £80.00
Total - £1340.79

Claimant - Cabot Financial UK LTD

Solicitor- Mortimer Clarke

Original Creditor - Capital One

Particulars of Claim as follows

"By an agreement between Capital One & the Defendant on or around 08/04/2014 ('the Agreement') Capital One agreed to issue the Defendant a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1190.79

Any help and/or advice would be greatly appreciated.

After reading through forum I would add that I have today acknowledged the claim and have posted a CCA request to original Creditor and CPR to their solicitors (Mortimer Clarke)

[charitynjw]

Re: County Court Claim NCCBB

Hi TommyWal

First & foremost, acknowledge the claim asap. (The court claim pack will give full details).
For the moment, defend in full, yes to mediation & if you live in England/Wales, do not contest jurisdiction.
After this, a CCA s78 request & a CPR 31.14 request is the usual way forward.
A SAR is also usually a good idea.
If you need help finding or completing the forum templates, just post on this thread for assistance.

[TommyWal]

Re: County Court Claim NCCBB

Thank you for your reply. I found the information I need (I think) posted on this forum. Could you juat clarify for me me if i have the correct information.

A CCA 78 is a request for the original credit agreement?

A CPR 31.14 is a request for the documents mentioned in the particulars of claim? (So in my case just the credit agreement?)

Could you please tell what an SAR is?

Thank you.

[Kati]

Re: County Court Claim NCCBB

Thank you for your reply. I found the information I need (I think) posted on this forum. Could you juat clarify for me me if i have the correct information.

A CCA 78 is a request for the original credit agreement?

A CPR 31.14 is a request for the documents mentioned in the particulars of claim? (So in my case just the credit agreement?)

Could you please tell what an SAR is?

Thank you.

CCA template - http://legalbeagles.info/forums/show...y-of-Agreement
CPR template - http://legalbeagles.info/forums/show...ic-information
SAR template - http://legalbeagles.info/forums/show...quest-template

:yo:

I'll tag [MENTION=55034]nemesis45[/MENTION] for you too xx

[TommyWal]

Re: Cabot Financial Vs TommyWal

Thank you so much for the links.

[nemesis45]

Re: County Court Claim NCCBB

CCA template - http://legalbeagles.info/forums/show...y-of-Agreement
CPR template - http://legalbeagles.info/forums/show...ic-information
SAR template - http://legalbeagles.info/forums/show...quest-template

:yo:

I'll tag @nemesis45 for you too xx

Thank you [MENTION=49370]Kati[/MENTION]

[TommyWal]

Re: County Court Claim NCCBB

Thanks guys. I'll await the replies to the request for CCA and CPR and see what happens. Thanks again

[nemesis45]

Re: Cabot Financial Vs TommyWal

Thank you so much for the links.

Good afternoon Tommy,
[MENTION=5553]charitynjw[/MENTION] and [MENTION=49370]Kati[/MENTION] have got you on the right track!

Can you please give us some history of the debt?
Does the account appear on your credit reference files? You can check Noddle and Clear Score free online.

When did payments cease?

What is the default date?

Was there any ongoing dispute with Capone?

A DSAR = Data Subject Access Request made under the provisions of the Data Protection Act 1998 requires the recipient to provide all personal data it holds on you the data subject, if you for instance have more than one account with a creditor all data must be provided.

There is a £10 statutory fee to pay and the timescale is 40 calendar days.

nem

[TommyWal]

Re: Cabot Financial Vs TommyWal

The default date is showing as 03/10/2014. I cannot remember or see when I last made paymenr or made contact with Capital One regarding this. There is no history really apart from struggling to keep up payments at the time which has led to this point. Do you recommend I do a DSAR or just go ahead with the CCA and CPR? I think I do have more than one account with Cabot also.

[Diana M]

Re: Cabot Financial Vs TommyWal

Do you recommend I do a DSAR or just go ahead with the CCA and CPR? I think I do have more than one account with Cabot also.

The Subject Access Request goes to the original creditor (Capital One) so you can see the full history of the account including the Transaction Log.

This will become useful if you are sent any reconstituted documents and you need to question if they're 'honest and accurate'. It also helps to establish Statute Barred dates if that becomes an issue. And it can establish whether there was PPI on the account (was there?).

If you have more than one account with Cabot why not make a short post describing them in case it's wise to send a CCA Request to them for those ones too. The week before Christmas is 'peak season' for debt purchasers to issue court claims so it's good to get ahead of the game.

Deal with this claim first and then ask for help on any of the other debts after that

Di

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi Di.

The other Cabot account is owed a fraction of the one in question that I have had a Claim issued against me for. I doubt they will bring that one to court. I really have no idea how to proceed other than to follow the advice had so far. With regards to PPI I do not think that I have it at all.

[nemesis45]

Re: Cabot Financial Vs TommyWal

Hi Di.

The other Cabot account is owed a fraction of the one in question that I have had a Claim issued against me for. I doubt they will bring that one to court. I really have no idea how to proceed other than to follow the advice had so far. With regards to PPI I do not think that I have it at all.

Cabot cannot bring the other alleged debt to the notice of the court so don't worry about that.

Get the CCA and CPR requests sent asap using the forum templates as a guide.

Sort this debt first then we can deal with the lesser one.

nem

There's few free PPI checkers online nay be worth being sure.

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi, could anyone tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

I am worried that they are going to harrass me and try to get me to pay money out.

[MIKE770]

Re: Cabot Financial Vs TommyWal

in writing only

[TommyWal]

Re: Cabot Financial Vs TommyWal

Thanks Mike770. That was my thought. They've been calling everyday. I will continue with advice given.