cabot/? claimform - old Cap1 card 'debt'

[turtleautos]

Name of the Claimant ? Cabot

 

Date of issue – 11/01/2016

 

What is the value of the claim? 846.37

 

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? 2010

 

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

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? incorectly added ppi

 

What was the date of your last payment? 06/09/2010

 

Was there a dispute with the original creditor that remains unresolved? yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a dm plan? no

 

claim form issued on 11/01/2016

aos done

cpr and cca sent 20/1/2016

 

letter recived stating i should already have documents in my possetion(i didnt so resent letter asking for them again) also giving 28 day extension 25/1/2016

 

got letter saying they didnt have all the information and would put proceedings on hold until they do 27/1/2016

 

6 months later they send the documents as requested

 

question is

is there a time limit between the start of a claim the where the claimant can ask for judgment

 

as i have asked them via email 3 times if they would like me to enter a defence and they bypass the question and keep asking what my defence is

 

sorry for long winded post

 

thanks

[dx100uk]

Can we have the full poc please

[turtleautos]

Can we have the full poc please

 

sorry missed that bit

 

by an agreement between capital one and the defendant on or around 15/07/2010 capital one agreed to issue the defendant with a credit card.

the defendant failed to make the minimum payments due and the agreement was terminated. the agreement was as signed to the claimant, the claiment therefore claims 716.37

[dx100uk]

Thanks so online sign up

So you didn't file any kind of defence?

[turtleautos]

Thanks so online sign up

So you didn't file any kind of defence?

 

 

nope never just the aos, they have never put it to the default stage,as they stated they would hold proccedings, i have asked them 3 times if i need to enter a defence and they have always avoided the subject.

 

cheers

[dx100uk]

What does mcol say?

You don't need to converse with the claimant at all

You should have filed a defence regardless

And not agreed to any extension either

 

Dx

[turtleautos]

What does mcol say?

You don't need to converse with the claimant at all

You should have filed a defence regardless

And not agreed to any extension either

 

Dx

 

all it says on mcol

 

A claim was issued against you on 11/01/2016

 

Your acknowledgment of service was submitted on 20/01/2016 at 18:33:56

 

Your acknowledgment of service was received on 21/01/2016 at 08:02:09

[AndyOrch]

I would enter a defence through MCOL (if the system still allows it) this will block any chance of the claimant requesting default judgment.

 

Regards

 

Andy

[dx100uk]

so credit card holding/no paperwork one then.

use our search

and post something up to check it first

[turtleautos]

six months later they have sent

cca not signed just name printed on there

statements etc

 

but the cca shows that the ppi box was not ticked, and the statments show they were charging ppi, thats when all the problems started as they wouldn't refund it

 

does the claiment have to prove the full amount is owed??

 

cheers

[AndyOrch]

Your defence will put them to strict proof all the above...just submit a defence.

[turtleautos]

hi

 

how should i word it ??

 

cheers

[AndyOrch]

Follow post #9

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

[turtleautos]

post 9 or thread 9 ???

sorry but link just sends to legal successes area not to a thread

 

cheers

[dx100uk]

post 24 here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433834-Claim-Form-Marlin-Mortimer-EGG-Credit-Card-.debt

 

ADAPT IT TO THEIR POC MIND

[mercyblue]

Can you still submit a defence on mcol once the claim is stayed??

[AndyOrch]

Claim is not stayed until a defence is submitted with no response after 33 days ...

.only acknowledgment of service has been done so far

[mercyblue]

Thanks for that Andy, so what is the status of a claim when no defence has been submitted in the correct time frame?

It also begs the question why doesn't the claimant apply for a default judgement.

[AndyOrch]

The claim is just in limbo MB until all parts of the proceedings have been completed...It is of course the claimant's responsibility to trigger judgment...

 

Therefore the Default Judgment would be irregular.

 

Regards

 

Andy

[mercyblue]

But surely Andy that is covered by 12.3(2)a ? so 13.2 is satisfied.

12.3

(2) Judgment in default of defence may be obtained only –

(a) where an acknowledgement of service has been filed but a defence has not been filed;

I must be missing something here Andy

[AndyOrch]

No your not missing anything......my mistake wrong CPR

 

But the poster has confirmed MCOL will still allow a defence to be input so its really the claimant that is not on the ball or MCOL...but once its entered it must be accepted.

 

There could be many reasons for them not requesting judgment..which we are not privy to.

[mercyblue]

That's interesting that MCOL will still allow a defence to be submitted.

[AndyOrch]

Definition of Default Judgment

 

Once a claim has been issued the defendant has 14 days in which to respond. If within that time they file an acknowledgement of service they are entitled to a further 14 days to return their defence. The law states that, if the defendant does not file an acknowledgment of service or defence, the claimant is entitled to ask the court for a default judgment. A default judgment is, therefore, a judgment entered without a trial after the defendant’s failure to defend the claim.

 

Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

The defendant has filed an acknowledgement of service or a defence;

The time for filing the acknowledgement or defence has not yet expired;

The defendant has made an application to strike out the claim or for summary judgment;

The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html

[mercyblue]

And how do they reconcile that with part 12.3. According to that all you need to do is submit an AOS never submit a defence (on purpose) then go for a set aside on the fact that you did not indeed ever submit a defence.

In fact never mind part 12 what about the overriding objective.

 

"The law states that, if the defendant does not file an acknowledgment of service or defence, the claimant is entitled to ask the court for a default judgment"

 

No it doesn't I'll post it again.

 

2) Judgment in default of defence may be obtained only – (a) where an acknowledgement of service has been filed but a defence has not been filed;

 

There is no or in that rule, clearly states an aos has been filed but no defence and a default judgement may be obtained

[martin2006]

Thankfully for LiP's, the CIvil procedure rules arent strictly adhered to in small claims track