Attached CCA - Enforceable or Not

[kai]

CapOne CCA Page 1.pdfCapOne CCA Page 2.pdf

Hi All,

I would appreciate some feed back on the attached CCA which was eventually received after issuing Capital One with an SAR in Sept. 2009.
I have erased the name and address of the account holder which was located in the top left side of page 1, which was correct. Also the signature and date, of the account holder, which was located at the bottom left of page 1, also correct.
I look forward to your comments.
Thanks for looking,

kai

[cymruambyth]

Re: Attached CCA - Enforceable or Not

Hi and welcome to AAD. Is there some history for this account? When was it opened, are payments up to date and what would you like to do?

To get an assessment of the agreement, you need to send it with all your details visible to Niddy, the site owner at webmaster@all-about-debt.co.uk. This is totally secure and will only be seen by you and Niddy. Put a link to this thread and put your name in the subject box.

[kai]

Re: Attached CCA - Enforceable or Not

Hi all,
Thanks for the welcome cymruambyth.
This account was opened in 2004 with Capital One.
The account has been in dispute since late Oct 2009.
No contact with them by the account holder since.
Numerous letters sent from them, all ignored.
Cabot Internatioal aquired the account late 2015.
Letters they sent ignored.
County Court Business Centre Claim Form received Dec 2015.
Claim Form ignored.
Account holder sent Cabot letter informing account status Statute Barred early Jan 2016.
No reply from Cabot.
Judgement in default received from CCBC mid Jan 2016.
CCBC Default Notice ignored.
Account holder sent Cabot solicitors a stronger worded second/reminder letter of account status late Jan 2016.
To Date no reply received.
Applied for CCBC Judgement to be set a side early Feb 2016, included apology letter to the Court and explanation of account status and history, with reason to set a side, Defendant has a very good chance of successfully defending the case.
At present awaiting response from anybody and sketching out a bullet proof defence for when the Default Judgement is set a side. 🙏

I would appreciate opinions on the attached CCA to compare my own views on the document.

Thanks for looking,

kai

[Never-In-Doubt]

Re: Attached CCA - Enforceable or Not

So you got a claim, ignored said claim and now want to set aside default judgment based on what - exactly? You knew the claim arrived, yet you chose to ignore it so your set aside should rightly be kicked out and declined. Nothing has changed since claim receipt to today so what grounds do you have for set aside, exactly (in your mind?)

From where I'm sitting you've kinda went about things arse over tit. Your logic makes no sense and I'm utterly confused as to why you think it's SB when it wasn't at time claim issued...? If it was why the hell didn't you say that in a defence instead of "ignoring" the claim which means now YOU need to pay to apply to set aside which as I've said, should be refused based on existing rules.

Weird situation. Very weird.

For clarity, if you get a claim you don't ignore it then write to people. You defend it!!

[kai]

Re: Attached CCA - Enforceable or Not

Hi Niddy, yes very stupid, thought Claim Form was another trick of Cabot/Capital One had up their sleeve. The dispute started in Oct 2009 and I took it for granted that it was SB, hence the SB letter to them. Didn't,t even look into it until the Judgement in Default arrived. After verifying the authenticity of the Court papers, which looked like a made up bad photo copy, the Judgement as well, I realised I was in a pickle.
I rang the court and even they said a lot of the Claim Forms end up in the bin, people thinking there not real and just another attempt at bullying.
Ive informed the Court, in my application to set a side, all about my reasons I did not respond to the Claim Forms. About why I think the account is SB and also lack of CCA, default notices and assignment notices. The so called CCA attached to this thread which they sent me Is a fake. I signed an application which had my hand written personal details on. Looked nothing like the document attached. I never signed any kind of CCA.

Yes, I did fall Arse over tit and even split my head open, still an open wound niggling me. Thanks for reminding me that WHAT YOU KNOW MAY NOT BE SO.
Lesson learnt never to be repeated. All who read this, definitely don't ignore Court papers, even if they look like 'bin fodder'.

I am unemployed at the moment so all court fees due have been waived.

If you have time Niddy, I would appreciate your comments on the attached CCA.

Thanks for looking,

kai

[Never-In-Doubt]

Re: Attached CCA - Enforceable or Not

Hi Niddy, yes very stupid, thought Claim Form was another trick of Cabot/Capital One had up their sleeve. The dispute started in Oct 2009 and I took it for granted that it was SB, hence the SB letter to them. Didn't,t even look into it until the Judgement in Default arrived. After verifying the authenticity of the Court papers, which looked like a made up bad photo copy, the Judgement as well, I realised I was in a pickle.

What was the dispute? A legitimate dispute would be the account is not yours, wrong charges, something materially wrong with the account and/or service? A missing CCA is NOT a dispute.

I rang the court and even they said a lot of the Claim Forms end up in the bin, people thinking there not real and just another attempt at bullying.

That's usually a nobody at the court, an usher/admin at best, so don't take too much notice of their comments.

Ive informed the Court, in my application to set a side, all about my reasons I did not respond to the Claim Forms. About why I think the account is SB and also lack of CCA, default notices and assignment notices. The so called CCA attached to this thread which they sent me Is a fake. I signed an application which had my hand written personal details on. Looked nothing like the document attached. I never signed any kind of CCA.

So you've completed N244 and had the fee waived and the court have now issued instructions? Or not? What is the current state of play - you'll have a hearing to apply for set-aside and then defend the original claim all in one hearing if they've accepted the N244 application.

Yes, I did fall Arse over tit and even split my head open, still an open wound niggling me. Thanks for reminding me that WHAT YOU KNOW MAY NOT BE SO.

I wasn't having a go - I was asking why you ignored the original claim.... it would be quite unlawful to fake a claim so lenders / creditors wouldn't falsify them ordinarily.

Lesson learnt never to be repeated. All who read this, definitely don't ignore Court papers, even if they look like 'bin fodder'.

I am unemployed at the moment so all court fees due have been waived.

Excellent

If you have time Niddy, I would appreciate your comments on the attached CCA.

If you can email an unedited version then I'll check it for you...

webmaster@all-about-debt.co.uk

[Never-In-Doubt]

Re: Attached CCA - Enforceable or Not

p.s - it's UE - you said so yourself

ill reply to your email shortly

[Never-In-Doubt]

Re: Attached CCA - Enforceable or Not

Kai - just sent you a reminder email

[PlanB]

Re: Attached CCA - Enforceable or Not

Hi Niddy, yes very stupid, thought Claim Form was another trick of Cabot/Capital One had up their sleeve. The dispute started in Oct 2009 and I took it for granted that it was SB, hence the SB letter to them. Didn't,t even look into it until the Judgement in Default arrived. After verifying the authenticity of the Court papers, which looked like a made up bad photo copy, the Judgement as well, I realised I was in a pickle.
I rang the court and even they said a lot of the Claim Forms end up in the bin, people thinking there not real and just another attempt at bullying.
Ive informed the Court, in my application to set a side, all about my reasons I did not respond to the Claim Forms. About why I think the account is SB and also lack of CCA, default notices and assignment notice

Yes, I did fall Arse over tit and even split my head open, still an open wound niggling me. Thanks for reminding me that WHAT YOU KNOW MAY NOT BE SO.
Lesson learnt never to be repeated.

Wowza. Your email to me tonight makes my day

Cabot have consented to your CCJ set-aside application without the need to go to court. Yay!

This debt is both SB and unenforceable.

You fought back and you won. Well Done You

Plan B x

[cymruambyth]

Re: Attached CCA - Enforceable or Not

That's great news, congratulations that everything worked out despite your best efforts

[nanna58]

Re: Attached CCA - Enforceable or Not

Fabulous well done xxx

[Never-In-Doubt]

Re: Attached CCA - Enforceable or Not

Awesome

[oscar]

Re: Attached CCA - Enforceable or Not

Excellent

[PlanB]

Re: Attached CCA - Enforceable or Not

Even better news is the Claimant has asked the court "respectfully" to dismiss their claim.

Normally when a CCJ or SJ is set-aside the whole thing goes back to square one like it never happened so you get the opportunity to file a Defence etc. and the legal proceedings carry on as usual.

In this case once the court agrees to the Consent Order the matter is done and dusted for ever.

Cabot obviously realized that they hadn't got a hope in hell of winning on a SB debt so didn't even bother to try.

Plan B x