cabot/hassel claimform - old Cap1 card 'debt'

[tomtom013]

Hi,

 

I am looking for some help/advice regarding a court claim for an historic credit card debt with Capitol.

 

I put in a defence to their claim and just had a notice of allocation. It needs sending tomorrow as it need to be served by the 28th of this month. It seems that their solicitor as written to the court and asked them to progress this to an hearing which seems to have been granted.

[renegadeimp]

Can you post up more details please. Including your defence. Cabot rarely deal with legit debts, so looks like theyve tried to get a sly one in.

[AndyOrch]

Simple to complete ...tick yes to mediation ...yes to small claims track (if the claim is less than 10K) the rest are just self explanatory tick boxes.

 

File a copy with the court and send a copy to the Claimants Sols.

 

Cant really advise any further as we dont know anything about your claim.

 

Regards

 

Andy

[tomtom013]

my defence is below which was filed on 08/03

 

DEFENCE

 

1. It is neither admitted nor denied with regards to the

Defendant entering in to an Agreement referred to in the

Particulars of Claim ('the Agreement') the Claimant has yet to

disclose any Agreement.

 

2. It is noted with regards to termination of the alleged credit

Agreement, the Defendant has no knowledge, therefore the Claimant

is placed to strict proof there of.

 

3. It is denied with regards to the Defendant owing any monies to

the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the

Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due

to contraventions of Section 136 of the Law of Property Act and

Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

 

I have since recieved an N180 form and a letter from Wright Hassal Solicitors.

 

We do not accept your defence and we have written to the court to inform them that we require this matter progress to a final hearing. The debt is for £800 and it seems like the solicitor is looking for it to be struck out

[renegadeimp]

Ahh so they gave you their standard reply. Of course they wont accept it. They wouldnt make any money. They dont have the agreement, and they know it so are hoping youll buckle.

[tomtom013]

My Apologies to Andy fro not posting more INFO.

 

1) How do I attach a PDF of the solicitors letter

 

2) Should I ring the Solicitor

 

3) Should I do as Andy advises?

 

Thanks tomtom

[dx100uk]

My Apologies to Andy fro not posting more INFO.

 

1) How do I attach a PDF of the solicitors letter - don't need to see it.

2) Should I ring the Solicitor- no why?

3) Should I do as Andy advises? - yes

Thanks tomtom

 

 

can you fill this out please too

 

 

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

 

 

shame you filed a very old embarrassed defence

holding/no paperwork would have been better.

[tomtom013]

Hi Dx100uk

 

I use the old 'embarrassed' defense is because as you probably already know I used the same defense against Cabot just over a year ago for my partner. Sorry to have offended you!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?435002-Restons-cabot-claimform-old-Vanquis-debt&p=4633026#post4633026.

[dx100uk]

not in the least.

 

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

[tomtom013]

Date Issued: 11/02

 

 

What is the value of the claim? £807

 

POC; The claimants claim is for debts arising from consumer credit act 1974 agreements. The claimant is an assignee of the following debts. notice of assignment have been given to the defendant in writing. Account no.......... £677.40. Despite demands for payment, the above sums remain due. The claimant therefore claims the sum of £677.40. Interest under s.69 County Courts Act 1984 and Costs

 

Date Issued: 11/02

 

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? 2009

 

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. I assume assigned to Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure but have moved house from where I opened the account

 

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 ? Not Sure

 

Why did you cease payments? Financial difficulty

 

What was the date of your last payment? 2011

 

Was there a dispute with the original creditor that remains unresolved? Original debt has been stacked with penalty charges

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[dx100uk]

thank you

I assume she has sent a CCA request to the claimant since receiving the claim?

[tomtom013]

It's just over a year ago but as I recall, yes! The claim has not progressed any further, to date

 

Thanks for your help

[dx100uk]

well it has

as you've got the notice of allocation

 

but when mediation takes place

simply tell them the claimant has not supplied any paperwork.

 

have you got all the statements?

if not an sar to cap1 might be useful

as they [cabot] could get away with a recon CCA as its post APR 2007 take out?

 

and as you say its well above any credit limit?

the balance may well be all charges/PPI?

 

dx

[tomtom013]

Thanks again dx. I will send of allocation tomoorow as previously suggested and send sar to cabot.

 

Thanks again

[dx100uk]

send sar to cabot.

 

Thanks again

 

 

no read my post properly

 

 

dx

[tomtom013]

Hi all,

 

Just to update.

 

My case went to mediation and I managed to secure a 20% discount as full and final settlement with a payment plan agreed. This a a legally binding agreement that I am happy with.

 

Thanks for your help all Caggers.

[renegadeimp]

You could have got away with not paying a single penny. But if youre happy, thats good enough. No paperwork means they cant touch you. At all. And you never have to pay unless they provide the correct paperwork. WHich theyve never done.

[dx100uk]

why did mediation take please when the claimant supplied no paperwork?

 

 

oh well..

i'd get the sar running to cap1 and get reclaiming too.

 

 

dx