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cabot/restons Claim Form - lloyds credit card debt


Orchid47
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Please help me?

I have just received an N1SDT Claim Form

 

Its for a credit card that I defaulted on in 2009

 

In Feb 2010 I wrote to company and explained I was in financial difficulty and offered a £1 per month

 

I then applied for CCA in March 2010,

an SAR in March

and a letter titled

"Request pursuant to Civil Procedure Rules" in April 2010

Then silence

 

Ive since seen the debt has been passed through form various debt companies who have all tried to get debt repaid

 

Yesterday I opened post to find these court papers

 

Following the last letter I sent in 2010 requesting the information under the Civil Procedure rules

I received nothing from them

 

How or what do I do next

 

I don't have an income except tax credits,

yes I do have a mortgage - which I am not behind in paying, and I don't have £11K to be able to write a cheque, I have zero

 

I was a single parent,

I now have a partner and we co-habit.

He is a retired service man on a pension.

 

Can they chase him for my debt - of which he knows nothing about it?

 

I also have two children - 26 and 18, living at home

Sorry for so many questions

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No they cant chase you PArtner... So its fine.

Please write out the particulars of claim and also who the claimant is along with the OC

 

We could do with some help from you.

 

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**Fko-Filee**

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Hello there.

 

Could you have a read of this forum stikky and post up the answers please? This will help the forum guys to advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

 

HB

Illegitimi non carborundum

 

 

 

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Is the claim in your name only Orchid?

 

Regards

 

Andy

We could do with some help from you.

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Claimant - Cabot

Date of issue - 16th Oct

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

The Claimant claims payment of the overdue balance due from the defendant

under a contract between defendant and lloyds

dated ???? and assigned to claimant on Feb 2013

 

What is the value of the claim? 11K

 

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? Before 2007

 

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. Yes Debt Purchaser is claimant

 

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 ? yes

 

Why did you cease payments? I have been paying £1 every month as I agreed direct to bank, not claimant

 

What was the date of your last payment? Earlier this month

 

Was there a dispute with the original creditor that remains unresolved? Well they never replied to the Request pursuant to Civil Legal Proceedings Letter I sent and have never sent me the info I requested

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan? yes, and paid £1 per month as agreed

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Many thanks Orchid.....

 

Okay so you sent a CCA request to the original creditor or previous DCA....irrespective you need to send another now to the claimant.

They will have ignored any CPR request pre litigation as it can only be used once served with a claim.....so again now send another CPR 31.14 to the Solicitor.

 

Is it your intention to defend this claim ?

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy,

 

Im certainly not happy they didn't respond when I asked them to.

 

I don't know how I can contest it,

 

it was my credit card and I loaded it.

 

However, my circumstances haven't changed since defaulting,

I have paid my £1 's religiously, and not defaulted on this.

 

I will send another CPR - can you please give me a link to a template letter?

 

How long do I have to respond to the Claim?

 

Will I automatically get a CCJ now and they stick the debt against my house, or ????????

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http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

You have 33 days in total if defending the claim...19 days from the date and including the date on the claim form to acknowledge service (you can do this on line using MCOL)

and if defending you get another 14 days to submit your defence.

 

Unless you defend all of the claim you will get a CCJ automatically...so I would advocate defending all...merely to allow opportunity for either the claimant to come to a settlement or a consent or possibly even discontinuing the claim if you put them to strict proof to disclose the necessary documents on which their claim relies upon.

 

But that must be your decision.

 

Regards

 

Andy

We could do with some help from you.

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so whats the likely hood of "possibly even discontinuing the claim if you put them to strict proof to disclose the necessary documents on which their claim relies upon"

 

I presume this will depend on whether they send me the docs I have requested or not?

 

What if they don't have the docs?

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OMG, so whats the likely hood of "possibly even discontinuing the claim if you put them to strict proof to disclose the necessary documents on which their claim relies upon" Very likely......70% discontinue once challenged

 

 

I presume this will depend on whether they send me the docs I have requested or not? They may not send them before your defence is due ...but they will have to disclose them once the court orders same

 

 

What if they don't have the docs?

They either discontinue the claim or come to an arrangement avoiding a CCJ

 

Andy

We could do with some help from you.

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You are amazing Andyorch, thank you sooo much for your help. I will download the form now, should I say I have requested this information already from bank of mickie?

 

NO...no reference any any previous requests...deal with CAbot and Solicitor as if you have only just met:wink:

 

Fresh CCA request to CAbot and a fresh CPR 31.14 to thei Solicitor named on the claim form.Recorded delivery preferable.

We could do with some help from you.

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Andyorch, please can I confirm if I am replying online to the Claim now to say I am contesting the claim, or do I wait?

 

Can I just also clarify it is just the agreement I am wanting the solicitors to produce, as I don't think anything else on your list is applicable for my particulars as written above????

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Yes you want to acknowledge the claim online.

 

Then wait till you and Andy formulate the defence

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Cabot rarely ever hold the paperwork for a debt. They see the number and get greedy.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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as the default was in 2009 it would a depend on when in the year.

 

But none the less, OP has been paying £1 a month for some unknown time after the default

 

Therefore SB is very unlikely

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Notice of Assignment is referred to within their particulars...so just request that vis a CPR 31.14.

 

CCA request to CAboot.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Amend your CPR 31.14 so it only requests a copy of the Notice of Assignment...as that is the only documemt mentioned within their particulars.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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