Just to update for future reference. Received two letters this morning First from Weightmans Stating We enclose a notice of discontinuance which we have today filed at Court. And second from the courts stating. Its is ordered that 1. The Claimant must pay the small claim hearing fee of £170 by 4.00pm on the 01 December 2015. So guess that's the end of that. Thanks For your help Guys.

Anyone?

I was going to put this in as a defence please advise if it is sutable to cover all angles The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant's claim was issued on 04/04/2015. 2. Paragraph 1. It is accepted that in the past the defendant had an agreement with Citi Financial to provide credit card services. 3. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. It is also denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 6. On the 8th June 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 7. The Claimant's claim to be entitled to payment of £2353.68 or any other sum, or relief of any kind is denied.

I may have made a payment after lots of hassle from cabot sometime last year (that didn't last long), even then im guessing as that's still over the 6 year period it cannot be enforced?

Hey guys Just realized the date on this, I havn't heard anything off the court or weightmans/cabot, Should I be doing anything?? The issue date of the claim was 04 Jun 2015, The acknowledgment of service was received on 08/06/2015. *edit* I'm guessing I need to submit a Defense by tomorrow 02/07/2015 as that's the 28th day from the issue date. I just have no idea what to put as a defense.

Had this response from Weightmans this morning. 12 June 2015 Further to your correspondence dated 8 June 2015, the documents which have requested at paragraphs two to four of the same are not referenced within the Claimant's particulars of claim and, as suc, cannot be requested pursuant to Civil Procedure Rule ("CPR") 31.14. Furthermore, this claim is likely to be allocated to the small claims track. Under the CPR, you will note that CPR 31 does not apply to the small claims track. As such, should you proceed to make an application on the basis of CRP 31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing. Whilst we have requested copies of your credit agreement, together with statement of account, default notice, termination notice and notice of assignment from the original creditor, it may take a period of time to obtain copies of these documents. Once we are in receipt of these documents however, these will be forwarded to you without delay. Please note that once directions have been provided by the Court to take this matter to trial, a deadline will then be provided for both parties to disclose all documents on which they seek to rely on at trail. As the documents which our client will seek to rely on are likely to include some, if not all, of the documents listed above, you will therefore be in receipt of all required documents in advance of any subsequent trail. In accordance with CPR 15.2, you must file a defence to proceedings, by the deadline specified by the Court, should you wish to defend this claim to trail. In the event that you fail to do so, our client could request a default judgment be entered against you pursuant to CPR 15.3 and CPR 12.3. Please note, in the event you fail to file a defence within the specified time period, resulting in our client obtaining a default judgment against you which you later seek to have set aside, we will draw the contents of this correspondence to the Court's attention both in opposition of your application to have the default judgment set aside and on the issue of costs. We trust that the above clarifies our client's position but should you require any further information, please do not hesitate to contact a member of the Commercial Recoveries team. Weightmans LLP

so what your suggesting is to acknowlege the claim but defend it (dispute it) What do I put as a defence? Send a CCA request to get the orginal agreement? and Sorry not sure what "CPR to the sols" is Also if it makes any difference the card was taken out in a hyphenated surname that has no legal standing.

Sorry Andy its for a Credit card account that hasn't been used since 2005/6

Hi I received a claim form this morning and was looking for advice on the best way to follow this up. Heres the details Claimant Cabot Financial UK Limited Date of issue – 04 June 2015 What is the claim for – 1.Defendant entered into a credit agreement described by the original creditor as CITIFINANCIAL-CREDIT CARD and having account number ********** 2. The claimant, a uk limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3. The defendant is indebted to the claimant in respect of the account in the sum of ***** 4. The Claimant claims the said sum of ****, plus costs. What is the value of the claim? £2500 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? 2001 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? I may have many years ago. Did you receive a Default Notice from the original creditor? Unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Became unemployed in sept 2006 What was the date of your last payment? Unknown 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? Most likely at the time. Sorry I do not have exact details or paperwork this is a very very old debt.

thanks for thats folks gave them a ring they said they would put a chase on it but it may take 2 weeks to come through. i'll give them 5 days then ring again and warn them that if i dont recieve them within 5 days i will issue a non compliance letter and will start court proceeding

First of all i'd like to say hello to everyone and what a great site/ community you have here. Secondly i need some help ... I sent barclays the S.A.R - (Subject Access Request) which they recieved on 07 march. They sent back the cheque and a letter stating that because the request is for dates before 2000 that they do not hold them on computor record therefore it would take a little longer to get the statements out. HOWEVER it WOULD still be within the 40 days. Its now over the 40 days and i still have not recieved any statements:(. Could someone help me in what to do or where to go next. Thanks