Court Claim - Cabot Financial (UK) LTD / Capital One - 15-12-2017

[Englishknight]

Received a claim? Yes
Issue Date: 15-12-2017
Amount approx: 1979.25
Claimant: Cabot Financial (UK) LTD
Solicitor: Mortimer Clarke Solicitors LTD
Original Credit: Capital One

Particulars of Claim:
By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 08/10/2015 (the Agreement) CAPITAL ONE BANK (EUROPE) PLC 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 CLAIMS 1794.25

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
The card was being used by my son as he was at uni and couldn't get credit as he only just turn 20 at the time and had no credit score of his own as he was still living at home, so being a parent i took the card out and everything went fine for the first year payments was being made then they stopped, any letters i got i sent to him and then we fell out and stopped talking as you do and got left with this mess to clean up.

So i done the Acknowledged of the Claim on the 20/12/2017, Sent a CCA request and Sent a CPR 31.14 request on the 21/12/2017, as for the credit card itself i apply online so no paper work, but did get a letter back from Mortimer Clarke Solicitors saying...

" Thank you for your letter dated 21/12/2017.

We acknowledge your request for documents pursuant to section 77-79 of the consumer credit act 1974 and pursuant under CPR 31.14.

For the avoidance of doubt, this firm acts on its clients instructions. The firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken,"

Have checked with the courts and they had nothing from them to say this, there's a surprise so by my dates i got till the 17/01/2018 till 4 pm to file my defence with the courts, i looked at the template for Defence but at a lost as which bit to leave and which to take out any help would be very grateful guys.

[Englishknight]

Re: Court Claim - Cabot Financial (UK) LTD / Capital One - 15-12-2017

As for the CPR 31.14 i asked for these,

Request for documents mentioned in a statement of case under CPR 31.14

On 15/12/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 17/01/2018.
1. Agreement
2. Termination
3. Notice and Deed of Assignment

At the time i couldn't think what else to put as the particulars of the claim was a bit vague.

[Diana M]

Re: Court Claim - Cabot Financial (UK) LTD / Capital One - 15-12-2017

Cabot Financial (UK) Ltd are unlicensed.

Di

[pt2537]

Re: Court Claim - Cabot Financial (UK) LTD / Capital One - 15-12-2017

Cabot Financial (UK) Ltd are unlicensed.

Di

Which means its an offence to under take debt collecting activity contrary to the Financial Services and MArkets Act 2000 and technically they arent unlicensed they are unauthorised.

It is a point that can be used as part of a defence, and one that while quite complex in terms of the relevant provisions on the law can be quite easily summarised, indeed i have drafted the relevant pleadings and posted them on the forum so ill take a look around and see if i can find

[Englishknight]

Re: Court Claim - Cabot Financial (UK) LTD / Capital One - 15-12-2017

Thank you to the both of you, I am surprised that they even took me to court if they are unauthorised to undertake any sort of debt collecting activity within the UK, I would had thought by now they would had been penalised for such actions by the Financial Services Conduct.

[Englishknight]

Re: Court Claim - Cabot Financial (UK) LTD / Capital One - 15-12-2017

So i was going to put in my defence tomorrow the 16th a day early just in case something happens on the MCOL website and i can't log in and this it, if i need to take something out or missed anything apart from the top bit of the defence where i put my name and the defendants Name please let me know thank you.

1. I, xxxxx, the Defendant, received the claim form, Claim No: xxxxx, from the Northampton County Court Business Centre, Northampton County Court on 15/12/2017.

2. I, as Defendant, deny each and every allegation in the Claimant’s Particulars of Claim unless specifically admitted in this Defence.

3. The Claimant states in the Particulars of Claim that their claim is for an Agreement regulated under the Consumer Credit Act 1974.

4. On 21/12/2017 I sent a request to the Claimant requesting sight in accordance with CPR 31.14 of the following document
i. Agreement between the Defendant and Capital One including Terms thereto.
ii. Notice of Assignment to Cabot Financial (UK) Limited.
iii. Deed of Assignment to Cabot Financial (UK) Limited dated 21/12/2017.

At the date of filing this Defence the Claimant has not sent any of these documents to me.

5. On 21/12/2017 I sent a request to the Claimant, together with the statutory £1.00 fee, for a copy of the original Agreement pursuant to Section 78 of the Consumer Credit Act 1974. At the date of submitting this Defence I have not received this document from the Claimant.

6: The Claimants statement of case states that the account was assigned to themselves from Capital One. I do not recall receiving notice of this assignment. The Claimant is required to evidence that the rights and duties under the alleged agreement have been legally assigned to them.

7. It is denied that Capital One served any Default notice on myself pursuant to S87 of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon me.

8. The Claimant has failed to comply with Section 78 (1) of the Consumer Credit Act 1974 and by virtue of Section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

9. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim

10: Further, The Claimant is not authorised to carry on the activity of Debt Collection or Administration by the Financial Services Authority. Collection of a debt arising from a regulated Consumer Credit agreement constitutes a Regulated Activity within the meaning of the Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 (‘RAO’) (Section 39F) and therefore the Claimant is acting in contravention of Section 19 of the FSMA 2000 and is not entitled to bring this claim.

[Englishknight]

Re: Court Claim - Cabot Financial (UK) LTD / Capital One - 15-12-2017

Hi can someone give this the once over please to make sure it's okay before i submit it later today thank you.

[Amethyst]

Re: Court Claim - Cabot Financial (UK) LTD / Capital One - 15-12-2017

Your defence is fine however I've just made a couple minor changes below; added a couple bits so check the word / character limit is okay when you paste it on to MCOL.

POC for ref

By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 08/10/2015 (the Agreement) CAPITAL ONE BANK (EUROPE) PLC 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 CLAIMS 1794.25

1. I, xxxxx, the Defendant, received the claim form, Claim No: xxxxx, from the Northampton County Court Business Centre, Northampton County Court on 15/12/2017.

2. I, as Defendant, deny each and every allegation in the Claimant’s Particulars of Claim unless specifically admitted in this Defence.

3. The Claimant states in the Particulars of Claim that their claim is based upon an Agreement, regulated under the Consumer Credit Act 1974, for a credit card account with Capital One Bank (Europe) Plc, dated 08/10/2015.

4. On 21/12/2017 I sent a request to the Claimant requesting sight in accordance with CPR 31.14 of the following documents;
i. The Agreement between the Defendant and Capital One Bank (Europe) Plc including Terms thereto.
ii. Notice of Assignment to Cabot Financial (UK) Limited.
iii. Deed of Assignment to Cabot Financial (UK) Limited dated 21/12/2017.

At the date of filing this Defence the Claimant has not sent any of these documents to me.

5. On 21/12/2017 I sent a request to the Claimant, together with the statutory £1.00 fee, for a copy of the original Agreement pursuant to Section 78 of the Consumer Credit Act 1974. At the date of submitting this Defence I have not received this document from the Claimant.

6. The Claimant has failed to comply with Section 78 (1) of the Consumer Credit Act 1974 and by virtue of Section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

7. It is denied that Capital One Bank (Europe) Plc served any Default notice on myself pursuant to S87 of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon me.

8: It is denied that I have received any notice of Termination. The Claimant fails to state the date of Termination.

9. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. There is no detail of how the amount claimed has arisen or been calculated.

10: The Claimants statement of case states that the account was assigned to themselves from Capital One Bank (Europe) Plc however fails to give a date of such assignment. I do not recall receiving notice of this assignment. The Claimant is required to evidence that the rights and duties under the alleged agreement have been legally assigned to them and they have the right to the sums claimed.

11: Further, the Claimant is not authorised to carry on the activity of Debt Collection or Administration by the Financial Services Authority. Collection of a debt arising from a regulated Consumer Credit agreement constitutes a Regulated Activity within the meaning of the Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 (‘RAO’) (Section 39F) and therefore the Claimant is acting in contravention of Section 19 of the FSMA 2000 and is not entitled to bring this claim.

12. 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.

13.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.


14.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.


15.It is denied that the Claimant is entitled to the relief as claimed or at all.

[Englishknight]

Re: Court Claim - Cabot Financial (UK) LTD / Capital One - 15-12-2017

Thank you Amethyst for your help i will keep you updated as soon as i hear back

[Englishknight]

well i had a letter this morning from there solicitors this is word to word and don't they proof check before sending out?,

We confirm receipt of your defense.

We can confirm that we acknowledged your request for documentation pursuant to civil
Procedure part 31.14 and consumer credit act 1974, in the letter you sent to you on the 28/12/2017 (copy enclosed)

In response to your assertion that our client is not authorised by the Financial
Conduct Authority ('FCA'), the FCA register shows Cabot Financial (Europe)
Limited permission as lapsed because, with the permission of the FCA, it has been made an appointed representative of Cabot Credit Management Group Limited.

Cabot Credit Management Group Limited is a principal regulated firm and with the permission of the FCA, has .appointed its operational company, Cabot Financial (Europe) Limited, as appointed representative to perform debt recovery and/or debt administration activities on its behalf.

Please find enclosed a copy of the Notice of Assignment and Statement of Account for your records. Our client's position is the documents provided evidences how the balance accrued and how a balance remained outstanding when the Agreement was assigned to our client.

In response to your request for a copy of the Deed of Assignment, our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with its statutory obligations by sending you the Notice of Assignment in accordance with section
136 of the law of Property Act 1925.

Furthermore, the Deed of Assignment is a confidential document client and the original creditor. We are instructed that the Deed of does not contain any personal details relating to you and is not disclosure.

We can confirm that the remainder of your defense has been referred to your client for its instruction and we will contact you with a response as soon as possible. In the meantime, the
Matter has been placed on hold.



As you can see they are on about Cabot Financial (Europe) Limited, and not Cabot Financial (UK) LTD, also no Deed of assignment all they sent was the letter from capital one saying that they sold the account to cabot credit management group, and the letter Cabot sent to say they now own my account from Capital One and 3 pages of payments made to Capital one.

So what should be my next move? to me it seems they don't have the paper work to back there claim or am i wrong.

[Englishknight]

I not heard anything else yet or if a court date has been set is there anything else i can do while i wait till hear from the courts, do i need to ask about the Deed of Assignment? any help would be greatly appreciated.

[Englishknight]

Well guys i still not heard anything back as of yet so there deadline has way past unless they going to pay to get it active again, also i had no letters from Cabot or Mortimer Clarke so what should my next move be? can i still apply for the CPR 7 Notice? or not poke the bear as they say?

[Amethyst]

Some posts have been moved to a discussion thread in the Lamppost so as not to detract from the OP's thread issue xxx Thank you.

@EnglishKnight - you could give the court at Northampton a call and check the status with them - likely be stayed and they will have to apply to proceed.

[sloane82]

Ok so how much are Cabot saying that you owe them and Mortimer clarke you say that you have not heard anything back how long has this been?

[Amethyst]

Issue Date: 15-12-2017
Amount approx: 1979.25
Claimant: Cabot Financial (UK) LTD

Sent a CCA request and Sent a CPR 31.14 request on the 21/12/2017,

from the first post Sloane.