**DISCONTINUED!!** Forgotten debt

[Diana M]

Re: Forgotten debt

I have a CC claim which I have acknowledged etc. But not found anything from their solicitor advising court action.

Can you post up details of this claim. Ideally that would be a copy of the first page of the summons (N1) with your personal details blanked out.

What is the Claim Issue Date (I see you have filed the AOS) and how much is the claim?

Di

[oddball]

Re: Forgotten debt

sorry its easier for me to type

CCBC issue date 7 Nov 2016
Claimant Cabot Financial
solicitors Mortimer Clarke
Particulars: By an agreement between HALIFAX & the Defendant on or around 19/01/1999 ('The Agreement') HALIFAX 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 £4775.76

[MIKE770]

Re: Forgotten debt

Ah! You have actually received and acknowledged a N1 county court form - that makes it clearer now:- as post 16 above

[oddball]

Re: Forgotten debt

Oh missed the bit adding on court fees etc Total £5040.76

[Diana M]

Re: Forgotten debt

sorry its easier for me to type

CCBC issue date 7 Nov 2016
Claimant Cabot Financial
solicitors Mortimer Clarke
Particulars: By an agreement between HALIFAX & the Defendant on or around 19/01/1999 ('The Agreement') HALIFAX 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 £4775.76

Thank you

It's easy to get carried away debating the legal issues when the issue really is what have they claimed and why do they think they're entitled to claim it.

The onus of proving the claim is with the Claimant.

So your starting point will be to send a s78 CCA Request to the Claimant (Cabot) and a CPR 31.14 Request to the solicitors (Mortimer Clarke). This forum has template letters for both.

Your Defence must be filed no later than 33 days after the Claim Issue Date.

Di

[Diana M]

Re: Forgotten debt

think the name of the original lender was Bank One credit card. I have my old Halifax card start date was 2002........... lol

The Particulars of Claim say it was a Halifax credit card account opened in 1999. Is that possible?

I'm not aware of the Halifax purchasing debts so I'd be surprised if this was your Bank One account.

If you think it might be Halifax then send a Subject Access Request to them so you've got the file history. That way you'll be able to cross check any documents disclosed by the Claimant such as the DN and NOA etc.

Di

[MIKE770]

Re: Forgotten debt

| CCA Request || CPR 31.14 Request

[oddball]

Re: Forgotten debt

Hi, just googled it (lol). 22 June 2000 The Guardian published that Halifax bought up the British credit card business of struggling US bank only 18 months after it entered the British market adding 200,000 Bank One customers to Halifax's 1.2m cardholders - link here https://www.theguardian.com/money/20...news.business1

So, the "Agreement" date according to Cabot was with Bank One (ie before 2000). Unsure if that helps??

[oddball]

Re: Forgotten debt

Hi, could you please just clarify - the CPR 31.14 template has the Claimants name & address on it but should it not be the solicitors name & address?

[MIKE770]

Re: Forgotten debt

well could be disastrous for Cabot if Halifax did not receive agreements from them on take over, and if they did that it complied with pre 2007 regulations, so get the letters off post haste Recorded Delivery, and the postal order written on reverse For Statuary purposes only

[Diana M]

Re: Forgotten debt

Hi, just googled it (lol). 22 June 2000 The Guardian published that Halifax bought up the British credit card business of struggling US bank

You said in your post # 10 that your Halifax account was opened in 2002.

Di

[oddball]

Re: Forgotten debt

Not so sure, apparently they took over their offices based in Cardiff (I just read the rest of the article). Mike did you see my question at no. 24?? Thanks

[MIKE770]

Re: Forgotten debt

getting confused here - need clarity of facts as Di has indicated different times/dates being mentioned = need facts so slow down with responses and please try to give factual account, saves time and effort and some mistakes in process can be fatal!

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Hi, could you please just clarify - the CPR 31.14 template has the Claimants name & address on it but should it not be the solicitors name & address?

No the solicitors are acting for claimant, but the CPR 31.14 goes to solicitor - no fee

[oddball]

Re: Forgotten debt

Sorry for confusing everyone, I opened the account with Bank One sometime prior to 2000 - they sold out to Halifax in 2000 who sent me a new card in 2002 but my original agreement would have been with Bank One. Halifax just took everything over and I do not recall them sending out new agreements although they would have notified everyone that they had taken over the accounts.

Thanks for your reply Mike but the template shows £1 should be paid with the CPR 31.14 ???

[MIKE770]

Re: Forgotten debt

no £1.00 relates to CCA1974 request only, CPR31.14 free

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You will find that Diana M is a very good source within this area as are many others