Defence filed and acknowledgment received from the Court. Now we wait. Many thanks for your help and guidance.

I meant relevant to my case. It was very late

Thank you DX. One question please: Is s136 of the Law of Property Act to may case?

Just checking deadlines. The claim letter was dated 25 August. The defence is due 25/08 + 33 = 27 September. Is this correct? Is there a time limit for the day? 16:00? Or is it fine as long as I file the defence with a 27 September date?

Ok. Will do. Thank you.

Can they reconstitute an agreement? I thought that there was a major case involving HSBC a few years back where the judge ruled against the borrowers?

All done. Thank you.

No. Didn't have financial problems before 2011.

No. I made the arrangement in 2011 and then stuck with it until a year ago. I don't remember if the arrangement was originally made with Citicard and then transferred to Cabot. It's such a long time ago.

Questionnaire which court have you received the claim from ? county court business centre, northampton www.moneyclaim.gov.uk name of the claimant ? cabot financial (uk) limited date of issue – 25/08/2022 i acknowledged service yesterday 13/09/2022 Full defence due on 26/09/2022 What is the claim for – 1.”By an agreement between SAV Credit RE Opus & the Defendant on or around 26/09/2003 (‘the Agreement’) SAV Credit RE Opus agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. 3. The Agreement was assigned to the Claimant. 4.THE CLAIMANT THEREFORE CLAIMS 1. 16495.68 2. Costs” There is no agreement number or credit card number in the claim. There was an agreement number in the preceding LBA. What is the total value of the claim? £17,420.46 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a LBA dated 22nd July 2022 giving me 30 days to respond. Unfortunately, I responded after 32 days and was told that a County Court claim had been issued. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? I don’t remember but they’re claiming it was on or around 26/09/2003. Do you recall how you entered into the agreement...On line /In branch/By post ? I don’t remember but it would probably have been by post. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not anymore as the default happened 11 years ago 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. The debt has been assigned. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes. Not sure when. I had been receiving correspondence from Cabot Financial for some time. Did you receive a Default Notice from the original creditor? Probably but I don’t remember as it has been 11 years. Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? I have been receiving Statement of Accounts, the last one dated 30/10/2021 Why did you cease payments? August 2021. Until then, I had been paying a token £1 per month. What was the date of your last payment? 06/08/2021 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? I had a telephone conversation with Cabot Financial about a year ago. I explained that my finances were in such a poor state that I couldn’t afford even £1 per month (I have other debts, including 3 others with Cabot)

Thank you. Yes, I have been a muppet! I stopped paying all for financial reasons. Once I complete the questionnaire, how do I post it? Is it copy and paste?

I received a county court claim form filed by Cabot's solicitors for a credit card debt of £17,420.46 (inc. costs). The card was originally a Citicard. I took the card in 2003 when I was a high earner. I was made redundant in 2010. The card was defaulted in 2011. Given the length of time, my memory is a bit sketchy. I remember that the debt was sold to Opus and then at some point to Cabot. Between 2011 and 2021, I was making a nominal payment of £1 per month. I then stopped payment in August 2021. Their solicitors sent me a LBA on 22nd July 2022 giving 30 days. Due to some personal issues, I only managed to call them on 24th August 2022, when they told me that a County Court Claim had been issued. They refused to discuss the case and advised me to fill in the court forms as and when I receive them. I subsequently received the claim dated 25th August 2022. The claim alleges that my agreement was dated on or around 26/09/2003 with SAV Credit RE Opus. It also cites an agreement number but not a credit card number. I recall my agreement to be with Citicard. Until the debt was sold post-default, I had never heard of SAV Credit RE Opus I just completed the acknowledgment of service on MCOL indicating my intention to defend this claim. Reading from other posts, I believe that the first step is to make a a CPR 31:14 request and a section 78 request. Is this correct? Is the length of time relevant here? Why are they suing me 11 years after the default? Grateful for any help.

Thank you Jotty for the warning. Did the judges agree with the exorbitant interest claimed? In my case, the interest accrued is twice the principal?

Thank you dx100uk. The link you attached (witness statement pdl loan) sent me to the FCA website? Was it the right link?

Apologies for the slow response. Having not heard anything for months, I rang the court to get an update. It appears that they had posted directions in July but I never received them. So they had to post them again to me. The Court hearing is on 15 February 2022 remotely by phone. The Claimant is being asked to pay a trial fee of £115.00 by 18 January 2022. I am being asked to make a written submission no later than 48 hours before the hearing. I would be grateful for your further guidance. Many thanks.