Claim Form received Mortimer Clarke/Cabot/Citi Financial (Credit Card)

[definition]

Name of the Claimant ?

Cabot Financial (UK) Limited

 

Date of issue – 12th August 2014

 

Date of issue 12.08.14 + 19 days ( 5 day for service + 14 days to acknowledge) = 30.08.14 + 14 days to submit defence = 13.09.14 (33 days in total) -

 

What is the claim for – the reason they have issued the claim?

 

By an agreement between CitiFinancial ("CFE") & the Defendant on or around 24/02/2005 ("the Agreement") CFE agreed to issue the Defendant with a credit card upon the terms and conditions set out therin. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant on 02/09/2010. THE CLAIMANT THEREFORE CLAIMS 70XX.XX

 

What is the value of the claim? £70xx.xx (~£7,000, exact figures disguised for forum post)

 

Is the claim for a current or credit/loan account or mobile phone account?

 

Credit Card

 

When did you enter into the original agreement before or after 2007?

 

24/02/2005

 

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.

 

Assigned to Cabot and issued by them. However, Mortimer Clarke have signed as the Claimant (not sure if this matters?).

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I do not have a notice of assignment. I have kept a few letters from Cabot, one dated 13/10/2010 asking for £6,4XX and advising of a home visit which didn't happen, follow up letter 17/12/2010 asking me to call them and 07/06/2012 advising me they had passed the account to Robinson Way with a letter attached from Robinson Way requesting payment. Nothing received from Mortimer Clarke prior to the Claim Form.

 

Did you receive a Default Notice from the original creditor? No.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

 

Why did you cease payments:- Was made redundant October 2008 and couldn't afford payments. Remained unemployed until September 2009 when I became a full time student for 3 years. Stupidly, I ignored all correspondence and buried my head!

 

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? No.

 

 

I have checked my credit report this morning (Noodle) and the account is listed under defaults. Lender- Cabot Financial (UK) Limited {Note: no mention of Citi Financial Limited} Opening balance £64XX.XX (Default balance the same). Current balance £70XX.XX with a default date of 31/07/2009.

 

I do not have history of my last payment made to Citi Financial, although due to the timeline of my redundancy I believe my last payment would have been towards the end of 2008.

 

 

I will now log on to Moneyclaim to acknowledge receipt and request the full 28 days to prepare a defence. In the meantime, I would really welcome some help.

 

1. Should I now send a CCA1974 request to Cabot Financial Limited?

2. And a CPR31.14 request 1 (credit card/loans) to Mortimer Clarke?

3. Should I send anything to Citi Financial Limited?

 

Thanks for reading.

 

[theoldrouge]

Hi definition and welcome to CAG

 

CCA request to Cabot

 

CPR31.14 to MC

 

Any PPI/charges on the ac? If so send SAR to Citi

 

The most important thing to bear in mind having acknowledged is your date

By which you must submit your defence regardless of any replies you do

Or do not receive

[definition]

Thanks for the speedy reply theoldrouge, really appreciate it having never encountered this before.

 

There appear to be charges on the account as the original default amount has increased by just over £300 without explanation, although this appears to be during Cabot's 'ownership' and added sometime between December 2010 and June 2012.

 

I don't think I had PPI on the original credit card but I'm sure Citi would have applied charges for late payment etc. so I will send an SAR off to them. Is it wise to send a cheque or should I be getting a Postal Order?

[theoldrouge]

Postal order and all requests by recorded or special delivery

[definition]

Would anybody be kind enough to help me or link me to help in drafting a defence where the claimant has no paperwork.

 

CCA request from Caboot says they have no agreement and are referring to the original lender (communication received 12 days after my request)

CPR31.14 From Mortimer Clarke say they have no paperwork and advising an additional 28 days to file defence whilst they look for it (communication received 10 days after request)

 

I'm ignoring Mortimer Clarke's reference to an extra 28 days and need to file online tomorrow. Citi Finance returned my postal order yesterday with a request for copies of ID as may address is different to what they have on file.

[theoldrouge]

plenty of examples of no paperwork defences in recent threads in financial legal issues definition,

 

adapt one to suit, and post it on here for andyorch to check/advise prior to submission

[definition]

Having huge issues with the MCOL site, can't log on.

Got my user ID but had to reset my password. Have the 2 parts of the password but they are not working on the website.

 

I calculated my last date for defence to be 13th September. If I use the paper form, date it today and post it tomorrow special delivery would it be accepted???

[definition]

Ignore the above, have finally managed to log on and submit my defence. Thanks for all the advice thus far. I will respond when I hear anything further.

 

I used the following no paperwork defence adjusted to include my section 78 and CPR 31.14 requests:

 

The defendant contends that the particulars of the 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. Paragraph 1. It is accepted that in the past the defendant had*

an agreement with Citi Financial to provide credit card services.

 

2. Paragraph 2 is denied. The defendant has no receipt of a notice*

of assignment from the claimant. Furthermore, the claimant has*

failed to issue any default notices, notice of sums in arrears or*

statements since the alleged assignment and is therefore prevented*

from seeking relief pursuant to the CCA 2006 amendments.

 

Therefore, the claimant is to put strict proof to:

a) Show how the defendant has entered into an agreement with the*

claimant and;

b)Show how the defendant has reached the amount claimed and;

c) Show any evidence of the service of notice of sums in arrears*

and;

d) Show how the claimant has the legal right, either under statute*

or equity to issue a claim.

 

3. As per the civil procedure Rule 16.5(4), it is expected that*

the claimant prove the allegation that money is owed.

 

4. On the alternative, if the claimant is an assignee of a debt,*

it is denied that the claimant has the right to lay a claim due to*

contravention a of Section 136 of the Law of Property Act and*

Section 82A of the Consumer Credit Act 1974.

 

5. On the 17th August 2014 the defendant made a legal request by*

way of Section 78 to the claimant. The claimant responded on 26th*

August 2014 stating that they do not hold the information on file.*

The claimant has therefore failed to comply with the Section 78*

request and are unable to claim relief until compliance. The*

defendant also made a CPR 31.14 request on 17th August 2014 to the*

claimants solicitor to obtain information pertaining to the claim.*

The claimants solicitor responded on 27th August 2014 stating*

they, "were taking their clients instructions in relation to your*

request and would come back to you as soon as we can". The*

claimant has failed to address this request and forward any detail*

or proof on which to base a defence.

 

6. By reason of the facts above it is denied that the claimant is*

entitled to the relief claimed, or any relief.

 

(Ignore the * it's the ways it's cut and paste).

[saintorsinner]

how did this end up . did you win in the end?

[definition]

Yes, the court gave the claimant the usual 28 days to respond to my defence. They were unable to provide any of the requested paperwork so the claim was stayed.

 

Received a letter shortly after from Caboot to state that although the debt was unenforceable through the court they still expected payment. Ignored their daft logic and not heard anything from them since.

 

Huge thank you for the support and advice from anyone that helped and apologies for not posting the outcome sooner!

[saintorsinner]

thats fantastic , I am going through something very same company so am doing my research at the moment