Cabot/Hassell claimform - CITI/Associates Credit Card Debt***Claim Discontinued by Consent***

[superman007]

Hi,

 

I recently received a Northampton County Court Claim Form.

 

I have started reading here but as time is short i urgently need help to save myself from getting CCJ.

 

Now,

the claimant is Cabot Financial and Solicitor is Wright Hassall LLP.

 

The original lender is CitiFinancial.

 

Back in 2009 i made a CCA request to CitiFinancial but they didn't provide proper copy of signed agreement

(they sent their standard terms etc) and therefore i have not made any payments for nearly five years now.

 

The Claim Form Issue Date is 15 January 2014.

 

I understand 15+5 plus 14 days for acknowledgement to court and a further 14 days to file defence.

 

So i need to file my defence latest by 17th January 2014.

 

I have already acknowledged to court and have sent a cpr31.14 to solicitor acting for cabot

and have received reply within a week.

I will post the reply here shortly.

 

I really need help as to the best way to reply back to the solicitor and help in writing up my defence to court.

 

I have also sent a CCA request to solicitor with £1 postal order two days ago.

 

I will post the poc here and the reply to cpr31.14 that i got.

 

Please put your input.

Edited February 5, 2014 by superman007

[superman007]

poc:

 

The Claimant is an Assignee of the following debts, notice of assignment having been given to Defendent in writing:

 

CitiFinancial 4,197.32

Account no. XXXXXXXXXX

 

Despite demands for payment, the above sums remain due.

 

The Claimant therefore claims the sum of 4,197.32, interest under s.69 County Courts Act 1984 and costs.

[superman007]

Reply to cpr31.14 received from Solicitor:

 

We continue to act for the Claimant in the matter referred to above and write further to your letter, the contents of which we have noted.

 

We have requested documents relating to our client's claim from our client. Please note that as our client is an assignee of your debt it may take a number of weeks to produce the requested documentation from the original vendor, CitiFinancial.

 

We would also refer to the fact that a CPR Part 31.14 request is for documents reffered to in a Particulars of Claim - you have made explicit reference to this in your letter so we trust you understand this. You will note that our client's Particulars of Claim do not refer to all documents you requested and therefore you are technically unable to request them using CPR 31.14.

 

You will note that we make no reference to a Default Notice in our Particulars of Claim at any point. Our claim is not for the amount you are in default , merely the outstanding balance.

 

However, we want to resolve this matter without the need for protracted legal proceedings and so will still endeavour to provide you with the information you seek. Once we provide you with sufficient information relating to our claim which shows we have a valid claim against you we trust that you will be agreeable to entering into negotiations to replay this debt.

 

If, in the meantime you would like to make an offer of settlement in relation to the outstanding balance of £4197.32 then we would be happy to refer this to our client for consideration.

 

Your Sincerely

 

Signature

 

Wright Hassall LLP

Edited February 5, 2014 by superman007

[AndyOrch]

You have 33 days in total from the date on the claim (5 +14+14) their response is fair to your CPR request...they only need to disclose any document referred to...being the Notice of Assignment.

 

They must respond to your CCA request though.

 

Thier particulars are really inadequate vague and generic in nature and fail to comply with CPR 16.

 

Regards

 

Andy

[superman007]

I have received a reply to CCA request from the solicitor which in short says:

 

'as previously stated, we have requested the information you require from our client, Cabot Financial, and will return to you once this has been received. You file has been held while we await this information.'

 

Enclosed with this letter i received 'Deed of Assignment' between CitiFinancial and CabotFinancial.

 

At this stage, i really do not know what to do. Can someone please tell me how i should go about. I need to also write my defence to court very soon and again i need help on how to write this.

 

As the solicitor is saying my file is on hold, how should i write this in my defence to the court. Is there a template?

 

Can someone please enlight me

Edited February 9, 2014 by superman007

[AndyOrch]

Responding to your PM sm...

 

But firstly you will have to convert your uploads to Pdfs....jpg is far too small to read.

 

Regards

 

Andy

[superman007]

This is the pdf format received from solicitor in reply to my CCA request

[AndyOrch]

Is their offer of any interest to you? How badly do you wish to avoid a CCJ?

 

 

Regards

 

Andy

[superman007]

Even with their offer it would be very difficult for me. Their offer is for the original outstanding balance without the £1500 interest that was added.

 

Yes i really really need to avoid a CCJ.

[theoldrouge]

so cabot are offering a discount of £1500 for their interest they have added.

 

 

Did the original t&cs allow cabot to add the int in the first place?

 

 

Ha I very much doubt it.

 

 

It was an old associates card?

 

 

To the best of my knowledge Citi only hold details of these on experian auto score,

 

 

which provides enough info to provide a recon but I doubt you will ever see the original agreement.

 

 

Any ppi?

Edited February 9, 2014 by theoldrouge
mistype

[theoldrouge]

and they have sent you a copy of the actual Deed of Assignment (account sale agreement)? well that should make for interesting reading!

[superman007]

theoldrouge,

 

I dont have the original agreement so i don't know if it allows to add the interest or not. There is no PPI.

 

There isn't much to read on The Account Sale Agreement because 95% is blacked out. There is 11 pages (22 sides) altogether. The definitions on the first few pages can be read and almost everything else is blacked out except the last signature page.

[superman007]

I have little time left for filing my defence. How do i write my defence based on the information from solicitors that my file is on hold until they get all required documents from their client - Cabot Finaincial. Can someone please guide me on a defence template.

[superman007]

As mentioned above i have received Deed of Assignment (Account Sale Agreement) from the Claimant's Solicitors. Now, i want to ask if anybody knows if this fulfills the claimant's (Solicitors) duty under the cpr31.14 request.

 

What's the difference between 'Notice of Assignment' and 'Account Sale Agreement'?

 

Just to refresh again, this Account Sale Agreement that i received is 95% blacked out. It doesn't even have any dates written on it.

[theoldrouge]

yes,that is the only doc mentioned in the poc, probably because they dont have any other docs anyway. NOA is really just a letter telling you citi have sold your ac to cabot, sale agreement contains very sensitive data eg the price paid for your ac, just make sure you dont miss your defence deadline

[AndyOrch]

Deed of Assignment is of absolute no use to the defendant...only the Notice of Assignment is of any use to a defence.

[theoldrouge]

Deed of Assignment is of absolute no use to the defendant...only the Notice of Assignment is of any use to a defence.

yes indeed, must correct myself and get new glasses:-) (I get very wound up over citi/cabot combo)only doc mentioned in poc was the NOA, so as Andy says they have supplied nothing in response to 31.14,apologies

[superman007]

Update,

 

I have filed defence last month and after that i have received correspondences from the claimants solicitors.

 

First letter says that 'Cabot' is unable to comply with my CCA request at this time and therefore returned the postal order.

 

Second letter is where i need help. its says their client 'cabot' proposes that this claim be dismissed upon consent of both parties with no order as to costs. An 'Consent Order' form is enclosed for me to sign and return to them.

 

The consent order form says:

 

UPON THE PARTIES having agreed terms in full and final settlement of the claim

AND BY CONSENT

IT IS ORDERED that:

 

1 The claim be hereby dismissed.

2 There be no order as to costs including that any outstanding orders for costs in favour of either party shall not be enforced.

 

Dated this day of 2014

 

 

...................................................................................

Solicitors for Claimant & Defendent

 

Now, my question is why do they need this consent order form, can't they just write to court saying claimant want to dismiss without me signing? Or do i have to sign this form in order to get the the claim dismissed?

[AndyOrch]

Well done superman another one bites the dust:-)

 

The reason behind the consent is to avoid any wasted costs claim from you the defendant.Have you agreed a F&FS ?

 

Regards

 

Andy

[superman007]

No, i have not agreed anything with cabot. I am just waiting for my CPR request as they said it will take a number of weeks to furnish. I don't understand what F & FS they are talking about. Im not sure if i should sign the consent order form?

[AndyOrch]

Okay well F&FS settlement of any further claims arising from the claim is what it means.Sign it ..it dismisses the claim ...make sure you keep a copy.

 

Once it has been sealed by the court bump your thread and we will alter your thread title to claim discontinued.

 

 

Regards

 

Andy

[superman007]

ok Andyorch, i will do. Thanks alot

[letsgetitsorted]

how did this end up Superman 007, interested as just received a letter from wright hassall threatening court

 

cheers

Lets

[superman007]

Hi everyone,

 

Firstly sorry for the delay in updating,

 

Good News! the claim has been sealed of by the court and discontinued shortly after i sent the consent order form.

 

I want to thank Andyorch and everybody else who have helped me here.

[AndyOrch]

Delighted that this has been resolved for you super....many thanks for the update.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy