Cabot/Restons for Capital One debt - court timings

[n20998]

Hi,

 

A Capital One debt from 2014. Claimant is Cabot with Restons acting (think that's right).

 

Amount Claimed £XXX.XX

 

Court Fee £XX.00

 

Solicitor Costs £XX.00

 

Issue date 24 June 2016

Defence date 25 July 2016

 

Think I got help with the defence on here or another site.

Can't find the thread.

 

Question is are they too late to do anything now?

What happens with the claim?

 

 

I've have correspondence with Restons where I've offered a settlement figure,

they've accepted but I haven't paid (just don't have the money).

They wanted payment by 9 December 2016.

 

What happens now?

Edited December 13, 2016 by Andyorch
Figures removed

[dx100uk]

hi ya

 

 

can you fill this out please

so we can advise properly

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

 

 

dx

[renegadeimp]

If cabot have it, then its is VERY likely unenforceable and theyre just rubber stamping a claim. Follow dx's link and give as much info as possible.

[dx100uk]

have you checked your credit file to make sure they didn't get a CCJ?

 

if they didn't

why are you now offering payment?

 

you've probably had a few reston willy waving letters?

 

the claim if they didn't progress it

will be well stayed by now.

[Andyorch]

Do nothing...until/if you hear from the court that they have lifted the stay and the claim is proceeding.

 

Merry Xmas.

 

Andy

[n20998]

Hi all

 

Thanks for the responses

 

Name of claimant: Cabot Financial (UK) Limited

Date of issue: 24 June 2016

 

+33 days: 26 July 2016

What is the claim for –

 

 

1.The Claimant claim payment of the overdue balance due from the Defendent(s) under a contract between the Defendent(s) and Capital One dated on or about Jul xx 2014 and assigned to the claimant

 

Particulars a/c no xxxxx

DATE ITEM VALUE

03/12/2015 Default Balance 3xx.xx

Post Refrl Cr Nil

 

TOTAL 3xx.xx

 

Claim is for a credit card.

When did you enter into the original agreement before or after 2007? After. 2014.

 

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? 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 ? Don't think so.

Why did you cease payments? Never made a payment.

 

What was the date of your last payment? N/A

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? Communicated problems but didn't come to a debt management plan.

 

Never made any sort of CCA request.

My defence is below

 

1: I received the claim xxx from the Northampton County

Court on xx xx 2016.

 

2: Each and every allegation in the Claimants statement of case

is denied unless specifically admitted in this Defence.

 

3: This claim appears to be for a Credit Card agreement regulated

under the Consumer Credit Act 1974.

 

4: It is admitted that the Defendant has previously entered into

an agreement with Capital One for provision of credit.

 

5: The Claimants statement of case fails to give adequate

information to enable me to properly assess my position with

regards the claim.

 

6: Capital One were advised of the Defendant’s significant mental

health problems and made it particularly difficult to resolve the

issues, by only accepting correspondence with their specialist

department by letter. A letter sent to this department by the

Defendant was ignored. Cabot and Restons have taken no

appropriate action after being notified of the health issues of

the Defendant.

 

7: It is denied that Capital One served any Default notice on the

Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant

is required to prove that a compliant Default Notice was served

upon the Defendant.

 

8: The Claimant was advised of the Defendant’s change of address,

however, the court claim was sent to the old address. The correct

address is xx xxxx xxxx xxxx xxxx.

 

9: Under Civil Procedure Rule 16.5 (4) Where the claim includes a

money claim, a defendant shall be taken to require that any

allegation relating to the amount of money claimed be proved

unless he expressly admits the allegation. Therefore It is

expected that the Claimant be required to prove the allegation

that the money is owed as claimed.

 

10: I request the court orders the Claimants to provide the

necessary documentation in order for me to fully plead my case

else the Claim should stand struck out.

 

11: In the event that the relevant documents are received from

the Claimants I will then be in a position to amend my defence,

and would ask that the Claimants bear the costs of the amendment.

 

12: It is denied that the Claimant is entitled to the relief as

claimed or at all.

 

 

No change on my credit file.

Checked moneyclaim and the latest document is my defence.

I was offering payment to avoid the CCJ.

What does it mean that the claim is stayed?

What do they need to do to un-stay it?

Or can they just start a new claim and add more charges?

 

Thanks

[n20998]

Is it possible to edit out the exact figures from the original post? I don't seem to have the option

[Andyorch]

Is it possible to edit out the exact figures from the original post? I don't seem to have the option

 

Done

[dx100uk]

so post 5 referes then

the claim is stayed [not going anywhere]

until / unless the claimant coughs up with enforceable agreement etc etc

to date they haven't

and if they do

you'll be sent copies for us to look over.

 

 

bottom line is until the COURT contacts you with a date [that might never happen!]

 

 

you can ignore any reston silly letters etc etc.

 

 

dx

[n20998]

That's great thanks for the responses