Hi guys, I recently got into financial difficulties my Capital One card balance has been passed onto these guys. I have various other debtors and so I put together a complete financial breakdown and wrote to them all with details of how much I could pay. This company is the only one dragging their heels and have ignored my letter, it was sent recorded and was delivered. My question is, how long should I leave it before writing again, if that is the best tactic? I would appreciate any help, thanks.

I also was in the middle of a dispute and they have sold it to cabot they say. They can't do this!! When are they going to be dealt with? I have refused to deal with cabot. If we all did the same!?? Can they pass an account on during a major complaint? Thanks

Hello everyone , I need some help regarding a small claims court claim from cabot and a old capital one credit card. Cap1 took me to court back in 2011 , but it never went to court in the end as I settled with them the day before by signing a Tomlin Order, I did make two payments in regard to the order however both these payments went missing as I payed by cheque , in each case the cheque was cashed and my bank confirmed they had cashed it !!, I gave up with them and have not heard anything from them since. I did dispute the balance with the original creditor and they agreed to take off all the charges off. I want to dispute this claim in full and would hope some members here could offer some advice, I guess the first step is to do a "acknowledgement of service" with the court and then send a CCA request to cabot Any advice would be helpful , thankyou.

Just checked my credit file today. Original Credit Card debt defaulted with OC December 2010 stopped paying monthly repayment plan last year so not SB. Debt passed to Cabot. Requested CCA - details not provided and unenforceable. Cabot have now entered another default status January 2016 ? Can they do this ? Thanks

Sent out CCA requests, starting arriving back slowly. Mostly original applications from circa 1996. Assume applications are not CCA, confirmation would be good.

Issue Date on claim form 14th Jan, Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Lloyds Bank dated on or about the Jan ** 2002 2.and assigned to the Claimant on Jun ** 2014 in the sum of £11,***.** Particulars a/c no ************** Particulars a/c no ************** What is the value of the claim? £11K+ Is the claim for a current or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? 2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser (Cabot) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Financial difficulties and increasing APR by the OC What was the date of your last payment? Feb 2012 Was there a dispute with the original creditor that remains unresolved? Yes, lack of prescribed terms in the signature document Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I realise that as this is over £10K it may not be small claims track so any advice appreciated. AoS done today, intending to defend all.

We recieved a letter today from cabot which said they had bought our Sky account. There was also a letter dated the day before from Sky enclosed in the letter saying they had sold it to Cabot. Now im currently dealing with Cabot for 3 other matters and one is in court to which the court has told Cabot to get a grip, they are also very over due with the cca for another account. Anyway, back to the Sky 'debt'. We moved almost 5 years ago (May 2011) but we did cancel the sky package as we weren't going to use them in the new area. Cabot are inviting me to contaft them to discuss the matter and support us in managing the account. Now im al ost 100% sure theat Sky was in my name, yet the Cabot letter is address to the hubby. Its almost like they are trying to get hubby anyway they can. So what is the best plan action inshould take on this.

Hi everyone Quick review, received a court claim from Cabot claiming £21,000 plus for a loan I am sure I received a statement showing zero balance. As this was before 2008, not sure I have all the old statements but will be looking for these. I sent a defence form back online to say I disputed the full amount. Timeline below: First letter - xx/9/2015 - from Cabot solicitors - Wright Hassall - about this matter threatening court etc. Claim form - xx/10/2015 - County Court Claim Form from Cabot - the gist of this is: Debts... CCA 1974 agreements. The Claimant is the Assignee of the following debts, notice of the assignment having been given to the Defendant in writing etc. Court response to my defence, acknowledged and served on sols - xx/10/2105 Second letter - xx/10/2015 - from Cabot themselves and because this is the most confusing part, they say: Thank your for your letter (SAR sent to them) We notice your change of name and have updated our records - the change of name was 5 and half years ago Unfortunately we have not been able to provide you with the requested information in the relevant time period. We shall continue to request the information... Your account Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgment or decree against you in Court etc. Third letter - xx/12/2015 - from Cabot solicitors - Wright Hassall - they dispute defence etc. go on to say that they have a payment on record of £1xx.xx They state that the debt was assigned in 2008, I have no record of this. Fourth letter - xx/1/2016 - from Cabot solicitors - Wright Hassall + Directions Questionnaire for Fast Track and Multi-Track filled in and Draft Directions Notice of Transfer of Proceedings to my local court - xx/1/2016 Notice of Allocation to Fast Track - xx/1/2016 and court date in February, and the wording below. There will be a case management conference on xx February .... Phew, sorry it's such a long note but wanted to get everything down and xxd out the dates. I have a couple of questions. 1. If the credit agreement is unenforceable, in their words, why are they pursuing this? 2. What happens if they don't supply the documents in the time stipulated as the judge has ordered? 3. As they say the debt was assigned in 2008, isn't this statute barred under the Limitations Act 1980? 4. What do I need to do for the case management hearing? Very worried about this. Any help very gratefully accepted. Thanks!

Hi, I received a claim form for Northampton from Mortimer for an old capital one credit card which Cabot are claiming for, Ive sent off the cpr request to Mortimers and asked Cabot for a copy of the credit agreement. Today I receieved a letter from Mortimer saying we are taking our clients instructions in relation to your correspondence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold. They have also attached a without prejudice letter offering me 50% off the debt and no further court action if I pay in monthly instalments. I still need to file a defence and have 2 days to do this, Ive defended claims for catalogues in the past but with this being a Credit Card not sure if its the same. Can anyone help me with what I need to put in my defence statement. Thanks

Have recently received letters fro Cabot finance regarding a debt that they bought from capital One. Have also received a letter from their solicitor threatening to take me to court if I don't get in touch to negotiate. I did send an email a while ago asking for proof that this debt was actually mine, but received no response. I did have a card with Capital One some years ago, but have no paperwork with which I can even match up any account numbers. Advice on how to proceed would be greatly appreciated. Apparently I owe £540. Thanks in advance Nik

Hi, I am looking for some advice on how to proceed with a claimform I have tried my best to complete the CAG template (below). Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – . 13 Jan 2016 What is the claim for – 1. By an agreement between Capital One & the Defendant on or around 13/07/2004 (the Agreement) Capital One agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 6000.00 What is the value of the claim? £6,000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before (2004) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. (Cabot). Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes, September 2010, giving me 28 days to clear arrears, I wrote back saying I couldn’t and sent I&E etc. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, not to my knowledge. I tend to keep all financial documents sent to me and I can’t find anything from either Cap One (other than above) or any DCA. I’ve had a couple of cards with “Confirmed resident” stamped on them in 2012 and 2013. A few months ago, Experian showed the default dates as October 2010. Why did you cease payments? Feb2011 What was the date of your last payment? February 2011 Was there a dispute with the original creditor that remains unresolved? Yes, PPI claim of £1300 from 2004 to 2006. I got nowhere with Cap One, so went to the Ombudsman (FOS) in 2011. In July 2014, they rejected my claim and I registered with the FOS that I disputed their findings as I didn’t feel that they had fully addressed the points raised in my complaint. As their findings were final I have not done anything with it since. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I Wrote to Cap One in October 2010 into early 2011 chasing a response. They eventually wrote back saying that it had been passed to Friedrickson DCA and they were no longer dealing with it. I also wrote to Cap One about the PPI and they rejected it, hence the reason for going to the FOS. I wrote back to Friedrickson telling them I was disputing the amount with the FOS and have heard nothing from them since. Based on previous answers and advice on the forum, I will send the CCA request to Cabot tomorrow, presumably, I'll also need to send the CPR 31.14 request to Mortimer Clarke for further information as well. As far as the County Court forms are concerned, do I just complete the Acknowledgement of service form and leave the everything else blank? Do I tick 1. Intend to defend all of this claim as, depending on what comes back from Cabot/Mortimer Clarke, I don't know whether I have a defence or not? No doubt, I will have more questions further down the line, but I want to get the County Court form completed as soon as possible (certainly well before their deadline of 1 Feb?). I've never been in a court in my life, so this situation is somewhat worrying to say the least. Thank you.

Hi all, I have a old capital one debt that had been passed to shoosmiths from cabot, I have just received court claim forms from county court business centre. I won't go into the personal issues that led to this etc but i owe the money. Is it to late now to avoid a ccj by arranging a payment plan with shoosmiths or cabot? Is the only option now to accept the ccj? Thanks

My son has received a County Court claim relating to a debt he had whilst a student in 2009, only a relative small amount but one that Restons seem keen to secure. He sent back a very quick defence that as it was 6yrs old it was statute barred as he cant remember who are what the debt related to and has no default notices or statements from them to go back on. They have responded to the defence saying that he has not provided any details of when last payment was made or when the limitation date came from. To be fair its all from memory as a hell of a lot has happened since then. The response goes on in a rather wishy washy way to claim that their clients, whoever they are, terminated the around on or about 2nd April 2010, which is fortunate for them as it brings it back within the 6yrs. They have given him 14 days to respond, what they mean is admit, or they may ask for the defence to be struck out. Any ideas folks please on what I can tell him to do, surely we need a bit more detail and some actual documentation before we hand over a couple of hundred quid to these sharks. Thanks

Halifax are trying a different angle with me it seems. Name of the Claimant: Cabot Financial Ltd Name of Solicitors: Restons Solicitors Ltd Date of issue – 28/9/15 Defence due - 31/10/15 What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about Jan 13 2006 and assigned to the claimant on Jun 27 2014 What is the value of the claim? £4594.12 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before I believe Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim - Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Dont remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Lost Job etc What was the date of your last payment? Not sure Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt Management plan? Yes Am I right in thinking that I now need to send a CCA request and a CPR31.14 request as per your previous help. Much Thanks

Hi, I am sad to say that I have a second county court claim issued against me. The first one is sorted. This new one is just as scary and any help will be appreciated. Name of the Claimant ? CABOT Date of issue – . 08 JAN 2016 What is the claim for – 1. By an agreement between CAPITAL ONE & the defendant on or around 03/11/2010 (‘the Agreement’) CAPITAL ONE agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. 2.THE CLAIMANT THEREFORE RE CLAIMS 650.00. What is the value of the claim? 780 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? AFTER Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. CABOT Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? MY HUSBAND BECAME SERIOUSLY ILL AND HE WENT ONTO DLA – I BECAME HIS CARER AND OUR INCOME REDUCED DRAMATICALLY What was the date of your last payment? I AM NOT CERTAIN (AROUND JUNE 2011) Was there a dispute with the original creditor that remains unresolved? NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

Hi I am new to this forum , although did originally have some excellent help at the end of 2009 , from the original Penalty charges forum on other debt matters , so Im desperately hoping I can gain some help now in dealing with this final matter that is still ongoing since then and has now escalated to a CC claim being issued . Firstly I sincerely apologise for the length of this thread , Im just now desperate to know best action to take and so wanted to try and included all details that would be required. Im in a position of not knowing whether there are any grounds for this CCA is unenforceable or whether I need to try and quickly reach a settlement agreement with Cabot who have issued the CC claim as now the legal owners of this debt. I have already registered on MCOL the “acknowledgement of service” on the 20/3/15 , having received the CC claim issue date of the 4/3/2010. Im simply cannot deal with a CCJ being issued , as I have recently been suffering from health issues because of Stress & anxiety , consequently off long term sick from work and having to have medication for the stress and depression. I have managed over the last 5 years to try and start to rebuild my life and dealt with all other debts and cannot face another 6 years because of a CCJ ! Im afraid Id just reached the point & desperation with this Cap 1 account , as I managed to sort other debts out however it all become to much for me to deal with as I was getting nowhere reaching a similar settlement figure with this as I had with other creditors. Im afraid I suffered ill health most of last year and just wasnt in the mental health to deal with it any further , so it got ignored ! Very Stupid I know but as I say I simply was not well enough to focus on this any more at the time. Any help and advise would be very much appreciated , I really dont want this matter to send me over the edge again . Thank You Details I believe you will need are detailed below : (any other details required please ask & i'll try to post up asap ) Name of the Claimant ? Cabot Financial UK Limited Date of issue : 4th march 2015 What is the claim for – the reason they have issued the claim? 1.The Defendant entered into a credit agreement described by the original creditor as CAPITAL ONE – CREDIT CARD and having account number XXXXXXXXXXXXXXXX (‘the Account’) 2.The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3.The Defendant is indebted to the claimant in respect of the account in the sum of 16919.87 4.The claimant claims the said sum of 16919.87 , plus costs. What is the value of the claim? 16919.87 credit card When did you enter into the original agreement before or after 2007? 22/7/2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Letter from Cap 1 on 4/5/11 advising they have sold the account to Cabot Financial UK Ltd on the 29/3/2011. Cabot Financial UK Ltd will start reporting against your credit file within 30 days of you receiving this letter Did you receive a Default Notice from the original creditor? Yes on the 7/5/2010 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes debt has been passed from Cap 1 , then FPC debt collection services (on behalf of cap 1 ) , Then Fredrickson International Ltd , then passed back to Cap 1 on 15/12/10 , then sold to Cabot on 29/03/2011. Sent series of e mails to cabot through 2012 stating they had failed to provide the required details and a valid true copy of CCA to me. Why did you cease payments? Redundancy / marriage breakdown & costly divorce / returned to live with parents & they offered some limited financial support to try and resolve & clear my financial crisis out ! Made offer to Cap 1 along with all other creditors on a pro rata basis as I was advised to . Capital 1 was the only one that failed to accept. What was the date of your last payment? Last payment on 3/1/2010 , then could no longer afford to so missed payments from Feb 2010 onwards Was there a dispute with the original creditor that remains unresolved? I disputed the amount as at the time I originally contacted Cap 1 and advised of severe financial difficulties the amount was £15613.65 less £748 charges so £14865.65 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes made a offer of £6237 to cap 1 , as full & final settlement on acc as represented circa 42% of the debt at the time . the same % basis that I made to all other creditors that accepted the settlements on a pro rata basis. Offer made on 25.01.10 , details attached . Later offer made to Fredricksons International Ltd as DCA on 22.11.2010 of £7500 as circa 46% of the debt. Response from Fredrickson on 30/1/2010 indicating offer would be accepted but need me to call to discuss matter. Letter from Cap 1 on 15/12/2010 advising matter no longer with DCA (Fredickson Int Ltd ) but been returned to Cap 1

About a month ago I had to have a credit check for a job I applied for and now I have had a phone call from Cabot Financial, but don't know what it's about. The phone conversation started off "can I speak to Miss C***?", I replied "speaking". They said "can you confirm your date of birth for Data Protection?" At this point I said "who am I speaking to, I am not obliged to give you personal information over the phone when you contacted me and I don't even know who you are". They then told me that they were Cabot Financial. I told them I had never heard of them and they told me they would send me a letter. Now I am worried about what it will be about since reading up on the Internet it seems they are not a nice company and tend to buy old debt. There are a couple of things I would like to ask to anybody that could possibly help. (1) Have I now acknowledged that I am the person they are looking for by answering the phone to them? (2) I was given the job I applied for, but told by manager that I have to have a credit check once a year so does this mean that I may lose my job if Cabot took me to court? I have yet to wait to hear from them, but if I hadn't have had to have a credit check for employment purposes, I would be living in peace now. Can anybody please help? Many thanks in anticipation.

Hi all, i have been getting letter from cabots for the last 12 weeks (oct/nov 2015) now i have one from restons solicitors seeking immediate payment because cabot have now acquired the rights to the account on the 28th sep 15 (£900 cc) etc, this has to be paid by the 1st feb 16 or they have instruction from cabots to issue a county court claim. So the next thing i check is my credit record with noddle this is what i found: Name Mr bla bla Address bla Date of birth bla Account type Credit Card Account number ****10500000000000 Account start date 20/08/2004 Opening balance £ 1,105 Repayment frequency Monthly Date of default 08/02/2010 Default balance £ 1,105 i have 3 defaults oct,nov and dec 2015 all from cabot. After digging a bit i found that the last payment to capital one out of my bank account was 16 sep 2009 and i am sure that was the LAST now does this tally with the default on noddle @ 08/02/2010. Any help would be fantastic as i stopped working again in 2009 from a form of motor neurone disease ive had since i was 16 and i really thought my inlaws had paid all my debt off for me in 2009, so this was a real shock for me, just as a side note i moved in 2011 and never has a letter untill oct 2015. Many thank al.

To add to my woes I find that I have had 38 calls from various Capital One numbers in the last week - I have asked them to WRITE to me and to remove my numbers - they wont - advice please?

received nothing from Capital one for 4years except two letters stating balance, received letter today dated 14th October 2015 stating that on 23rd September 2015 account was sold to Cabot Management and within 30days of 23rd September they would start reporting on my credit file which doesn't leave me much time to try and rectify, I am trying to rebuild my credit file after years of financial problems which included my wife going bankrupt in 2013 and she has not been able to get a job since. I have other defaults on my account which are due to disappear within the next month or so, I do not want another default registered as this will hamper my chances of getting a mortgage or moving we lost our last house and are renting at the moment but have to leave early next year. I have two credit cards which I have been paying back on time and settling each month to rebuild my credit file, I understand from reading forums that the balance would have been sold for a stupid amount, should I offer a settlement figure on the understanding that they mark credit final as settled without a default or what should I do?

Hi folks Just before Christmas I had a MCOL claim from Cabot via Restons Solicitors (for an old credit card - claim value approximately £1600 formerly with Cap 1). I filed an acknowledgement of service and sent the appropriate s78 CCA and CPR 31.14 notices. I had a smiliar claim against me from another creditor about 2 years ago and was able to submit the defence in good time. The s78 and CPR letters were sent by me unsigned. Yesterday Restons returned my letter saying that whilst it purportedly came from me, without a signature they are not able to do anything further. Any advice much appreciated. Cheers NC

Hi Guys, A friend has received a letter, which I suspect is a fishing one, from the above. The debt is for £1700ish and it was a Sainsbury's credit card, taken out in the middle of 2004. The default date is January 2009. The correspondence they've sent contains lots of if's, maybe's etc. and that if it goes to court, ''our client will request that the Courts grant a Judgement in default by instalments of £50 per month''. It then goes on to state the consequences of a CCJ and also enclosed is an Income and Expenditure form, as well as a rather convenient Direct Debit form. My friend is certain, but not 100% that she stopped paying around 2009 due to her own circumstances back then. How can she find out when she made the last payment without going through Mortimer Clarke or Cabot?? Going by what she says, this is Statute Barred, but how can she find out for definite? Regards, Buncrana

Hi there, posting on behalf of a friend whom I could kick up the back side for not confiding in me earlier. Friend is in his late 50's surviving on small amount of ESA and two private pensions, last recalls having credit cards 15 years ago where he got in to debt with them, had been receiving letters but after opening them he has ignored replying or paying anything until July 2015 when he received post from Mortimer Clarke advising him they had obtained two CCJ's for the clients Cabot for two different debts of which he is unsure as to which Credit Cards they relate to at this stage he panicked and contacted MC and offered payment of £20 on one debt and £10 on the other and repayments started in August 2015. Have checked on Noddle and his report is completely clear other than the CCJ's showing and nothing in closed accounts. I asked him if he received a claim pack and he advises me he did not and having been through his letters received in the past which he has kept I can find no claim form. He has lived at his current address for the past 20+ years. I don't know if anything can be done but thought I would ask Regards to all

My friend had a loan with HFC, Marble loans in 2004. A few years ago she sent a CCA request to them but never heard anymore from them. They have been selling the debt on to various DCA over the years now they have got heavy and Restons are involved. They have said they are going to apply a Charging Order to her property. She does not have the original paperwork of the original cca request. They sent a letter before Christmas saying she had until the 22nd December to reply to their request and then they will take her to court. Not sure if things have changed now and you can still request cca or if I need proof of original letter? Should she send a SAR to HFC or Marbles Loan with a hope there is a copy of the original cca request or maybe send a new cca request?

hi group i hope this is the correct forum for posting this inquiry On christmas eve i received a letter from northampton county court regarding a debt i once owed to capital one. the debt agency acting on there behalf is cabot finance. now im going to dispute this claim and will send the papers back to the court stating this is my intent for the following reasons: i last made a payment on this account around late 2008/very early 2009 i have made no contact with capital one or cabot or any other debt agencies from then and still not up to this present time so i think its statue barred and they are chancing the fact i will ignore the court papers to get a ccj. the reason i went into default was i had some issues back then and was homeless and living rough until early 2010. now ive just done a noodle report and yes this is on there as a default starting in oct 2015 though? no other dates on there when it should be defaulted for many years. so what letters should i send to cabot finance should it be denying the debt exists through staue of limitations or should i be sending one asking for proof of the debt what payments have been made ect. any help would be much appreciated many thatnks