Cabot/Hassall claimform - old 2005 Citi card 'debt'

[annoyedagain]

I have a credit card debt which i sec 78 in dec 2009,

 

I had never signed an agreement with the company and they never supplied a valid agreement from the sec 78

(I have a my original agreement which came with the card in 2005 but had no signature box to sign)

 

They sold the debt on to cabot and cabot issued court proceedings in dec 2014 which is 6 years from the last payment (5y 9m from default)

 

I have disputed the claim as no agreement was signed and sent in my court defence

 

they have since written to me and said I have now acknowledged the debt in my defence

and have written again asking me to sign an agreement to ask the court for more time to gather evidence for the case

 

I will not sign and return the form as i think they just want a copy of my signature to create something,

 

What would be my best course of action now with this?

 

If i go to court and the judge says it is unenforceable it would then sit on my credit file for another 6 years

as i have acknowledged the account in my defence

 

Could I argue that it was statute barred when they started proceedings (it was within days of the 6 years from last payment)

 

Would I be better trying for the best full and final I can get from them?

[dx100uk]

who was the original creditor please?

 

can we see you defence please too

 

 

when was your last payment?

 

and fill this out as well and paste the results here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

I would not be giving them more time to magic up any paperwork.

 

dx

[annoyedagain]

Original creditor was citi

 

Last payment was 14 / 11/ 2008

Card last used 12/12/2008

 

 

Defence

 

At the end of 2008 we were hit with a recession and being in the building trade I was hit hard and needed to get my finances in order.

 

My credit card was near its maximum and I was struggling to make the monthly payments,

I was advised to get a copy of my agreement and to see if I had any un-lawful charges or ppi insurance on my account

as many of the credit card companies had been adding these.

 

I said I had never signed an agreement and was told that if I had not signed an agreement then there is no agreement.

 

I wrote to citi in November 2008 and asked for a copy of this alleged agreement.

 

17th January 2009

They replied they do not have to supply me with one and sent me a copy of the current terms not the terms set out originally, contrary to section 78

 

I then had the interest rate raised on the account from 23.9% to 29.9% which I was fuming at as I was struggling to pay as it was

 

I wrote to citi to state the account was in dispute until I received the alleged agreement I had asked for

 

I was harassed and bullied on the phone several times a day each time calling from different numbers so I could not ignore the calls

 

I was shouted at and threatened and my reply was that I will continue to pay the account down when I receive a copy of the alleged agreement

, many calls ended in them telling me that they would send one but it was never received.

 

This harassment has continued with calls and letters but still I have not received a copy of the alleged agreement .

 

When this account went into dispute the balance was £3216.46 and should have been frozen but it is now £4551.16

 

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Cabot financial

 

Date of issue – 24th nov 2014

 

What is the claim for –

 

What is the value of the claim? 4551.16 + costs = 4816.16

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? 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. debt purchaser

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

 

Did you receive a Default Notice from the original creditor? yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure but i think so

Why did you cease payments? account in dispute

 

What was the date of your last payment? 14/11/2008

Was there a dispute with the original creditor that remains unresolved? yes

[dx100uk]

did you send a new CCA request to cabot after you received the claimform

 

 

regardless to this 'stayed'? claim

 

 

the debt if defaulted? will didappear from the file on the defaults 6th birthday.

 

 

is that where you are at ..the claim is stay?

[annoyedagain]

did you send a new CCA request to cabot after you received the claimform

 

No I replied to the court stating I had not signed an agreement - I still have my original agreement so I know I never signed it

 

 

regardless to this 'stayed'? claim

 

I don't know what "stay" means but the court date was set for May but caboot have asked for a 1 month extension to gather evidence as documents they have requested are taking longer than they thought, they have asked me to sign a form agreeing to this but i have not signed it

 

 

the debt if defaulted? will didappear from the file on the defaults 6th birthday.

 

 

is that where you are at ..the claim is stay?

 

---------

[theoldrouge]

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

[dx100uk]

get a new CCA request off to cabot

 

 

blank £1PO don't sign anything.

 

 

they'll never get a compliant agreement nor the correct T&C's for a CITI card debt anyway

even if you did sign one

go read a few CITI claim threads

 

 

dx

[dx100uk]

can we see the exact defence you filled

and as asked the exact POC from the claimform

[annoyedagain]

POC

The Claimant's claim is for debt(s) arising from consumer credit act 1974 agreements(s)

 

The claimant is an assignee of the following debts,

notice of the assignment having been given to the defendant in writing.

 

Citifinancial credit card acc no xxxxxxxxxxxx

 

Despite demands for payment the above sums remain due

 

The claimant therefore claims the sum of #4551.16 interest under s.69 county court act 1984 and costs

 

My initial defence was

 

A regulated agreement is not properly executed unless—

 

(a)a document in the prescribed form itself containing all the prescribed terms

and conforming to regulations under section 60(1) is signed in the prescribed manner

both by the debtor or hirer and by or on behalf of the creditor or owner.

 

No Agreement has ever been signed.

Then I filled a witness statement as below

 

I believe the facts in this witness statement are true

 

At the end of 2008 we were hit with a recession and being in the building trade I was hit hard and needed to get my finances in order.

 

My credit card was near its maximum and I was struggling to make the monthly payments,

I was advised to get a copy of my agreement and to see if I had any un-lawful charges or ppi insurance on my account

as many of the credit card companies had been adding these.

 

I said I had never signed an agreement and was told that if I had not signed an agreement then there is no agreement.

 

I wrote to citi in November 2008 and asked for a copy of this alleged agreement.

 

17th January 2009

They replied they do not have to supply me with one and sent me a copy of the current terms not the terms set out originally, contrary to section 78

 

I then had the interest rate raised on the account from 23.9% to 29.9% which I was fuming at as I was struggling to pay as it was

I wrote to citi to state the account was in dispute until I received the alleged agreement I had asked for

I was harassed and bullied on the phone several times a day each time calling from different numbers so I could not ignore the calls

I was shouted at and threatened and my reply was that I will continue to pay the account down when I receive a copy of the alleged agreement, many calls ended in them telling me that they would send one but it was never received.

This harassment has continued with calls and letters but still I have not received a copy of the alleged agreement .

When this account went into dispute the balance was £3216.46 and should have been frozen but it is now £4551.16

 

Consumer Credit Act 1974

Signing of agreement.

(1)

A regulated agreement is not properly executed unless—

(a)

a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner,

 

 

 

 

I have not signed an agreement therefore I do not acknowledge that there is an agreement .

[annoyedagain]

Wright Hassall Solicitors are acting on behalf of cabot

 

They wrote to me after i filled my witness statement stating that case law has evolved to include modern methods of signing

including ticking the i accept box on an online application form

 

We are currently awaiting a copy of your agreement from our client

 

yet at this stage must inform you that your agreement remains to be enforceable,

 

we intend to proceed to trial on the basis that you freely admit ownership of this debt in your witness statement.

[dx100uk]

willy waving

 

 

unless you signed up online

they will need the signed agreement.

[annoyedagain]

I did apply online but this was 2005

After my application I received a letter off citi saying

 

"Thank you for your application which has been accepted and you will receive your citi card at 23.6% interest" - and it goes on

 

Now I may have ticked a box online but until they had agreed the application I had no way of knowing what the terms would be

 

Then when I received the card it was stuck to the credit agreement which had no signature box on it to sign and return

 

I still have these

[dx100uk]

sticky ground then.

 

 

I'd get a new CCA request off to cabot

ignore/forget what they sent or said in the passed.

 

 

dx