cabot/mortimer claimform - cap1 card debt

[aksl]

I have been sent a letter from mortimer clarke on behalf of Cabot financial (uk) limited.

 

This is a capital one credit card account from 2008 that defaulted in March 2010.

 

They claim that they are starting proceedings for a ccj against me.

 

The debt amount is 2323.76.

 

From my noddle credit report it appears they bought the debt in Oct 2015 as that is when they appear on my credit report.

 

There are no records on my credit file for the original debt / account with capital one.

 

What is the best way to proceed?

[mikeymack2002]

Welcome to CAG

 

 

1st stop would be a CCA request to whom ever is chasing... Then wait to see what it brings up...

[dx100uk]

a DCA is NOT A BAILIFF

they have

NO SUCH LEGAL POWERS.

 

if you read the letter PROPERLY it does not say WILL anywhere...

 

..if/but/might/could/instructed...not WILL.

 

when was your last payment or use of the card??

if this was outside of 6yrs from the date on their letter

the debt is STATUTE BARRED..end of the problem.

 

when a debt is sold by the original creditor to a debt buyer [cabot]

their name replaces that of the OC.

 

I would also suspect that the debt is littered with PENALTY charges for this and that

and most probably PPI too

all are reclaimable against the OC.

 

don't get spoofed!!

 

dx

[aksl]

Thanks for the advice re getting spoofed.

 

However, as per the letter stating they have been instructed to start proceedings,

 

I have now received court papers regarding a ccj.

 

how do I go about a cca request if it has been progressed to court?

[Bazooka Boo]

Left the CCA a bit late, should have done it after you asked for advice two weeks ago.

 

Not to worry, can you type up the POC (particulars of claim) verbatim please, then others will be able to advise accordingly.

 

Have you acknowledged the claim yet?

[dx100uk]

can you fill this out please.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

dx

[aksl]

Left the CCA a bit late, should have done it after you asked for advice two weeks ago.

 

Not to worry, can you type up the POC (particulars of claim) verbatim please, then others will be able to advise accordingly.

 

Have you acknowledged the claim yet?

 

No I haven't acknowledged yet. I received the court papers on Saturday.

 

POC:

By an agreement between Capital One & the Defendant on or around 06/08/2008 ('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. THE CLAIMANT THEREFORE RE CLAIMS 2323.76

 

Do I need to send the cca request to mortimer clarke or the court?

[dx100uk]

claimant

 

 

can we have that link filled in please and posted back here [all the Q&A's please]

 

 

dx