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LastViking

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About LastViking

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  1. Thanks for this thread, it has been interesting reading and I agree with you that other people should resist these unprincipled and un-contracted additional charges. LV
  2. I have to reply to Restons letter soon. However I checked my credit references with Experion and Equifax today. None of my old debts are recorded on either report as owed. Is that significant? I am wondering if I should make this court action go away by making an F & F offer to Cabot. I can't pay off everyone, but no one else is chasing yet. if I settle with Cabot, maybe no one else will bother. If I make a F & F Offer will there then be an entry on the credit report? I am really struggling to know which way to go. LV
  3. Sorry to be a pain but I need to react to Restons/Cabot I was thinking that as neither has produced either the original signed agreement or a copy of the assignment of the debt from CITI to Cabot that they must be on thin grounds. How do I push them to accept that they have no case? Does the fact that I was writing to Cabot in 2006 disputing their involvement and the amount owed make the position for me better or worse? LV
  4. I have now received a letter from Reston which I have attached. They also sent copies of letters from Marlin dated 14 June 2014 and a contact letter from Cabot dated 7th June 2014 but nothing in the way of evidence of the legal assignment of the debt from Citifinancial to Cabot which appears to suggest that they don't have anything. When I was first contacted by Cabot I wrote denying any right that they had to the debt without proof which they never provided. I also have the copy letters disputing charges made to the account after the 'claimed' transfer to Cabot and before with Citifinancial. I am a bit confused by their paragraph 4 which says as I have not entered into any agreement with Cabot, which I agree, but how does that stop me asking the claimant from providing proof. Reston are asking me to respond which I can do, if it is thought appropriate, but it seems to me that they have not really responded to any of my defence or proven anything. Help would be very much appreciate as to what to do next either with Reston or Cabot's responses. Thanks LV
  5. Thanks Dx Yes, neither agreement is signed or dated by me or CITI, except for the a reference at the top which implies one was in 01.01.2001 and the second 01.05.2006. Does this mean that they have failed to comply with the CCA request and should I do anything further at this stage? LV
  6. I have now received a response from Cabot to my CCA letter but all they have sent are copies of reconstituted CITI Consumer Credit Act agreements, together with a statement of amounts paid according to their records. No signed forms of any sort or proof of the transfer of the debt to them. Do I need to do anything now or wait for the court?
  7. Well I have to go now so I will submit the Defence as it stands and hope for the best.
  8. Just a further thought, should I include in my defence that I dispute the amount shown as owed to Citifinancial in any event. There was correspondence in 2007 regarding this but they never adjusted the account for the disputed amounts. It was only £ 250 though so maybe not worth mentioning???
  9. OK this is now my attempt at a Defence. Please comment/amend as needed. In the Northampton County Court Business Centre Claim Number Between: Cabot Financial (UK) Limited - Claimant and xxx – Defendant Defence 1. I, xxxx, am the Defendant in this action and make the following statement as my Defence to the claim made by Cabot Financial (UK) Limited. 2. The Claimant's Particulars of Claim are vague and generic in nature. The Claimant fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system. The Defendant accordingly relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 3. The Defendant neither deny or admit to any indebtedness to the Claimant. 4. It is admitted that the Defendant had agreements with CitiFinancial for credit card services. 5. It is denied that the Defendant owes any money to the Claimant. The Claimant has failed to provide any evidence of the agreement as requested by CPR 31.14 and a Section 78 CCA 1974 request and failed to issue a default notice. 6. The Defendant sent the Claimant a CPR31.14 request on 1st August 2014 by recorded delivery and this was received on the 4th August 2014, which would prove the Claimant's right to bring this action. The Defendant has not been provided with copies of the documents mentioned in the Particulars of Claim which were requested in the CPR31.14, including the Notice of Assignment which would prove the Claimant's right to bring this action. The Claimant has given no good reason or any reason at all to the Defendant for this failure to comply with the Defendant's legal rights of entitlement to inspect the documents that the Claimant's claim is to rely on. 7. The Defendant sent the Claimant a request under Section 77 and 78 of the Consumer Credit Act 1974 on 1st August 2014 by recorded delivery. At the 22nd August 2014, no response has been received to that request and the Claimant has given no good reason or any reason at all to the Defendant for this failure to comply with the Defendant's legal rights of entitlement to inspect the documents that the Claimant's claim is to rely on. 8. The Defendant asserts that the Pre-Action conduct of the Claimant as unacceptable and feels the the Claimant is trying to frustrate proceedings with the non-compliance attitude towards Practice Direction. 9. Without clarification of the Claimant's claim, the Defendant is extremely disadvantage and as the Claimant's claim appears without merit, the Defendant asks to be allowed to submit a fully particularised defence should the Claimant provide copies of the original documents he will rely upon. 10. Further to paragraph 9, the Defendant is unable to plead effectively or at all. The Defendant is embarrassed. 11. The Defendant respectfully requests that the Court to stay(suspend) the proceedings until the claimant complies with Defendants CPR31.14 request. 12. The Defendant also makes a respectful request to the court for the court's consideration, to permit the Defendant to submit an amended defence if the Claimant supplies the requested documents mentioned in 5, 6 and 7 above. Statement of Truth The Defendant believes that the facts stated in this defence are true. Mr……………………………………………….. dated this day ……….. of November2013. Signed (your printed name in caps – as the Defendant)
  10. Hi Flembo45 , I am in the same position, trying to decide what it is the appropriate defence when they haven't supplied anything.
  11. I sent the CCA request by Recorded delivery to Cabot on 1st August. They received it on 4th August. I believe therefore I should have received a response by today 21st August but nothing has been received. Restons responded to my request under CPR31.14 on 18th August but provided no documents arguing that Paragraph 5.2A of Practice Direction 7E means that they do not need to provide documents and that the POC are sufficient information. Reading through the forum it appears that I have no way of filing a complete defence and I wondered therefore if I should file an Embarrassed Defence? I acknowledged the claim online on 1st August and the original claim form was dated 22nd July so I believe I have to file the defence by 23rd August. I would like to file the defence online but the moneyclaim site shows that a bar has been placed on the claim. Does that mean I have to file the defence in some other way? I am confused. Should I telephone the court to find out why the claim has been barred? HELP?
  12. I have just logged into the money claim site and it shows the message on the claim. 'A bar has been put in place on this claim. You cannot respond to the claim at this time' I need to file the defence today so can someone explain what this means and how I can file the defence? I am getting very worried now.
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