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)

[TommyWal]

Re: Cabot Financial Vs TommyWal

Brill. Thanks Kati.

[Kati]

Re: Cabot Financial Vs TommyWal

email them to me (see my signature for details) and I'll pop them up xx

[TommyWal]

Re: Cabot Financial Vs TommyWal

Thanks guys. Ben, do you mean to post photos? If so how do I do it from the mobile site?

[warwick65]

Re: Cabot Financial Vs TommyWal

Hi Tommy
So you have a copy of the agreement and defaulted agreement from Cap 1 and a reconstituted copy of both from Cabot. Are they essentially the same , i.e same name and address, same terms etc. Cap 1 terms and conditions often have a version number at the bottom , something like V#10

Have they sent you anything else you asked for under CPR 31.14

[nemesis45]

Re: Cabot Financial Vs TommyWal

Hi all. I have finally received a letter from Mortimer Clarke. They say : further to your letter and request for docs......

Our client has provided us with the docs and we enclose the following:

1. Reconstituted Credit Card Agreement.
2. Original Ts&Cs
3. Defaulted Ts&Cs
4. Statements from original creditor from 04/05/2014 to 04/02/2017
5. Letter dated 19/10/2015 notifying me that debt has been assigned.
6. Signed statement of account on behalf of claimant.


Now, in the same envelope which was sent 1st class post. They also include an offer if a 15% discount to "avoid the need for further court proceedings".

"If I agree to this proposal we may be instructed to send you s Tomlin Order detailing the settlement agreement"

They also have enclosed income expenditure forms.

I would be grateful if anyone could advise if this is common or whether it means they can win in court or not with the documents they have provided me.

Thanks once again.

Tommy

Good morning Tommy,
A " reconstituted " credit agreement must have the following and must be easily legible in all parts.

1. Your name and address as it was when the account was opened.

2. The original creditors name and address at the time the account was opened.

3. The T's & C's relevant when the account was opened.

4. The T's & C's relevant when the account was closed.

5. Any other documents mentioned in the T's & C's.

You should also receive a signed current statement of the account.

It would help if you could post copies of what you have received after removing personal data.

nem

[TommyWal]

Re: Cabot Financial Vs TommyWal

Cheers. No point in wasting time on it. No doubt they'll write to me! Thanks Mike

[MIKE770]

Re: Cabot Financial Vs TommyWal

never letter tennis with them see what comes next?

[TommyWal]

Re: Cabot Financial Vs TommyWal

That was my thoughts! Not sure whether to ignore or to write back telling them to carry on proceedings?

[MIKE770]

Re: Cabot Financial Vs TommyWal

they are begging you at this stage offering discounts ?/ummmmmmmmmm

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi all. I have finally received a letter from Mortimer Clarke. They say : further to your letter and request for docs......

Our client has provided us with the docs and we enclose the following:

1. Reconstituted Credit Card Agreement.
2. Original Ts&Cs
3. Defaulted Ts&Cs
4. Statements from original creditor from 04/05/2014 to 04/02/2017
5. Letter dated 19/10/2015 notifying me that debt has been assigned.
6. Signed statement of account on behalf of claimant.


Now, in the same envelope which was sent 1st class post. They also include an offer if a 15% discount to "avoid the need for further court proceedings".

"If I agree to this proposal we may be instructed to send you s Tomlin Order detailing the settlement agreement"

They also have enclosed income expenditure forms.

I would be grateful if anyone could advise if this is common or whether it means they can win in court or not with the documents they have provided me.

Thanks once again.

Tommy

[TommyWal]

Re: Cabot Financial Vs TommyWal

Thank you. I will get that in tomorrow's post. And start editing the defence letter.

[charitynjw]

Re: Cabot Financial Vs TommyWal

Ah, I see. I misread your post. I thought you meant send to the claimant. Now I understand.

Send to Mortimer Clarke but address to claimant.
Ok
From memory, the Claimant (Cabot) does not have the same address as Cap1.
Use the Cabot address on the N1 court claim form; also use Mort C address per claim form.
The CCA request should show Cabot's name/address on the letter, but send it via Mort C (Mort C's name/address on envelope).
Enclose a covering letter addressed to Mort C asking them to forward the CCA request to their client, Cabot.

It is really difficult to deal with. I have no idea what the correct procedure is and don't understand the legal lingo in the letters.
Thanks charitynjw!

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[TommyWal]

Re: Cabot Financial Vs TommyWal

Ah, I see. I misread your post. I thought you meant send to the claimant. Now I understand.

Send to Mortimer Clarke but address to claimant.

It is really difficult to deal with. I have no idea what the correct procedure is and don't understand the legal lingo in the letters.
Thanks charitynjw!

[charitynjw]

Re: Cabot Financial Vs TommyWal

OK so the CCA needs to be sent directly to Cabot Financial UK (who have the same address as capital one)
Where do you get this information from?
as they are named as the claimant in the claims form?
Obviously I have no chance or receiving a response to the SAR befor my defence is due (14th Jan)
Doesn't matter.....there's loads of time before a court hearing (if it ever gets that far).

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