Cabot/weightmans claimform - Old Citi Card Debt***Claim Discontinued***

[rctmarsh]

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.

[Andyorch]

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

 

NO

 

What is it for then ?

 

Andy

[dx100uk]

pigs might fly if they get a CCA

and the correct T&C's:lol:

 

ack the claim

defend all

CCA request £1PO leave it blank don't sign anything to Cabot

CPR to the sols.

[rctmarsh]

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

[rctmarsh]

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.

Edited June 6, 2015 by rctmarsh

[dx100uk]

 

 

so what your suggesting is to acknowlege the claim but defend it (dispute it) - no defend all

 

 

What do I put as a defence? nothing yet that's not due till day 33

 

Send a CCA request to get the orginal agreement? to cabot yes - no CCA - no claim cabot - go away

 

and Sorry not sure what "CPR to the sols" is - library tab, green one top left, legal section, credit card one

Also if it makes any difference the card was taken out in a hyphenated surname that has no legal standing.

 

 

makes no odds.

 

 

dx

[rctmarsh]

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

[Andyorch]

" 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."

 

The above is the only meaningful paragraph from their standard response...meanwhile clocks ticking.....

 

Andy

[panther12]

Why did you cease payments? Became unemployed in sept 2006

What was the date of your last payment? Unknown

If ceased payments in sep 2006 then any chance it is stat barred if you've not made a payment or acknowledged in 6 years?

[dx100uk]

hey that's good news RCT

 

 

so prove it

 

 

why not ring the Canadian square number

they have CITI stuff now I think

or look on noddle

 

 

dx

[rctmarsh]

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.

Edited July 1, 2015 by rctmarsh

[rctmarsh]

[rctmarsh]

If ceased payments in sep 2006 then any chance it is stat barred if you've not made a payment or acknowledged in 6 years?

 

 

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?

[dx100uk]

monday by 4pm.

 

 

did you ring Canadian sq or make any enq, as to your last payment date.

 

 

that would be nice as you could file the SB defence...

[panther12]

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?

As long as there's been a clear period of 6 years from the cause of action then it doesn't matter if you commenced payments after that 6 year period. You could do with finding out the last payment to Citi and the date they had the right to demand full balance (cause of action) and the date of the next payment made to Cabot.

[dx100uk]

looks like SB'd then.

 

 

pers if you are 100% sure its SB'd

 

 

file this now

 

 

E&W

....

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 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.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

.

[rctmarsh]

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.

[rctmarsh]

Anyone?

[dx100uk]

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?

 

 

if this statement is true

then it cant reset the SB clock

so to me this debt reads its sb'd

 

 

so I'd file the SB defence.

already provided

 

 

dx

[rctmarsh]

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.

 

 

Edited November 28, 2015 by rctmarsh

[shamrocker]

Excellent! Well done!

[dx100uk]

hey well done

wondered where you'd gone

 

 

so for sake of clarity you did file the sb defence?

 

 

dx

[Andyorch]

Well done rctmarsh.

 

We appear to be having a run of Discontinuances this week:-)

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy