Cabot claim form - old SAV Credit/Opus £17k citi card debt

[Aki8381]

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.

 

[dx100uk]

of course they can

like a muppet you've been paying , running the SB date to infinity ....

you should have stopped years ago.

hope you've no other debts you are blindly paying to a powerless DCA?

 

anyway

citicards of that era are notorious for not having enforceable agreements so all's not lost 

 

please complete this:

 

 

[Aki8381]

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?

[dx100uk]

copy and paste the questions here

answer each one at its end

hit submit reply

 

dx

 

[Aki8381]

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 22^nd 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)

 

[dx100uk]

has there ever been a pereiod of 6yrs whereby you did not pay anyone?

 

dx

 

[Aki8381]

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.

[dx100uk]

so def no 6yrs before 2011 i just notice the takeout date of 2003 thats all.

 

dx

 

 

[theoldrouge]

Bunch of chancers

No chance cabot will obtain a citi agreement from 2003

I remember a case on here same thing for 25k (Citi)Cabot wrote it off couldn’t get the agreement 

They can’t even get the POC correct 

 

[Aki8381]

No.  Didn't have financial problems before 2011.

 

I pray that you are right.  They have spent close to £1,000 on court fees!

[dx100uk]

its a speculative claim through a robocourt

hoping that you'll wet yourself and cough up.

 

they bought  the debt for 10p=£1

£1000 fees is peanuts if they win £13k... bit like poker in court

 

dx

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

 

 

[dx100uk]

and just to clarify...they have NOT added £1000 in court fees.!!

 

thats 8% court interest that COULD be added IF they win and IF the judge allows it.....both won't happen.

 

get the above done then GET READING UP HERE

 

claimform card.

use our enhanced search box

 

 

dx

 

 

 

[Aki8381]

All done.  Thank you.  

[dx100uk]

Get reading up here 

Don't miss defence filing date regardless 

 

Dx

[Aki8381]

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?

[dx100uk]

pre 2007 changes no.

 

and anyway it will have been a signed agreement by you?   not an online too early for that era .

 

they wont have one

get reading up on what to do and how to win rather than thinking of ways you might lose from memory.

[theoldrouge]

Definitely signed from that era

Cabot have zero chance of obtaining 

As dx says get reading plenty of information of victories on here 

[Aki8381]

Ok.  Will do. Thank you.

[Aki8381]

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? 

 

I am about to file my defence and be early rather than last minute. 

 

I would appreciate your feedback please.

 

Claim details:

 

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”

 

Defence

 

1.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.

 

2. I have never had any dealing with SAV Credit RE Opus.  It is therefore denied that the Defendant entered into any agreement with SAV Credit RE Opus which the claimant wishes to rely upon.

 

3. Any Default Notices associated with an agreement with SAV Credit RE Opus is therefore irrelevant.

 

4. I am not aware of what agreement the assignment refers to.

5. On receipt of this claim I requested information pertaining to this claim from the Claimant’s Solicitors Mortimer Clarke Solicitors by way of a CPR 31:14 request sent via 1st class post on 14/09/2022 and further to the above I sent Cabot Financial (Europe) Limited a section 78 request via 1st class post on 14/09/2022.

 

To date, Cabot Financial (Europe) Limited are yet to furnish me with the requested information and therefore are prevented from enforcing the alleged agreement.

 

6.Therefore with the court’s permission the Claimant is put to strict proof to evidence and:

 

a) show and disclose how the Defendant has entered into any agreement which the Claimant wishes to rely upon;

b) show and evidence the breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974.

c) show and disclose how the Claimant has reached the amount claimed for;

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

7. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

your defence was due friday by 4pm.

 

On 14/09/2022 at 14:14, Aki8381 said:

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

 

[dx100uk]

i wouldnt file the above its not fully CRP Compliant.

 

here is a card defence i found by simply typing in what i said earlier on this site.

 

adapt this simply by changing the fact that your is SAV Credit RE Opus not newday and ofcourse £ figures etc

 

and insert correct dates for CCA/CRP sending.

 

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

 

 

1. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.

 

3. Paragraphs 2 & 3 are noted .Although I do not recall receiving a Default Notice /Termination Notice  pursuant to sec 87 (1) the Consumer Credit Act 1974.

 

4. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.

 

It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) Show how the Defendant has entered into an agreement and;

b) Show how the Defendant has reached the amount claimed for and;

c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974.

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

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

 

you can do it now on MCOL by copy and paste once adapted.

you'll be ok joe public against the system get a bit of leeway.

 

 

[Aki8381]

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

[Aki8381]

I meant relevant to my case.  It was very late

 

 

[dx100uk]

Yes law of property act, relevant to notice of assignment 

 

Read a few threads it's always relevant.