What if anything do I do next?? I have recently found out that Cabot have bought another of my old debts from Yorkshire bank, the difficulty is that Yorkshire bank took me to court in February 2011. after I gave them the request for my original signed documents they then wrote to me stating the debt was unenforceable. Should I tell Cabot about this or wait for another claim form?

yes I posted it today with a £1.00 postal order (recorded delivery)

note In 2010 i asked capital one for the credit agreement, they sent me an unsigned one

Dear All, I received a claim form from Lowell Portfolio (original debtor CAPITAL ONE) Claimant - LOWELL PORTFOLIO l LTD Date of issue 19TH MAY 2015 DATE TO SUB MIT DEFENCE 20TH JUNE 2015 - Friday 19th by 4pm. What is the claim for – the reason they have issued the claim? Particulars of Claim The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014 Notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with and the claimant claims £4280.86 The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 275.86 What is the value of the claim? 4821.72 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CAPITAL ONE CREDIT CARD When did you enter into the original agreement before or after 2007? 17-11-2006 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. Lowells ASSIGNED ON 20-7-2014 THOUGH I WAS NOT NOTIFIED AT THE TIME Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? IN 2009 – 2010 NAT WEST TRIED TO CLOSE MY BUSINESS BY ASKING ME TO PAY MY OVERDRAFT AND BUSINESS mortgage TOTALLING OVER £100000 IN VERY LITTLE TIME – CREDIT CRUTCH What was the date of your last payment? 04-11-2009 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? NO I have sent in the acknowledgement of service and also written to them requesting a true signed copy of the agreement. I will send the CPR 31.14 request in a few days The claim form is dated 19th May 2015 (alleged debt is before 2007) I would like help with the defence to make sure I do not make a mistake! Any thoughts please advise, I will look at my defence over the week end thank you

At last i have had a reply from Cabot as per following:- Dear xxxxxxx Your request for information under the Consumer Credit Act Unfortunately Cabot has been unable to provide you with the requested information with in the relevant time. What happens now ? We shall continue to request the information from the original lender to assist you with your request. In the mean time, we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request. Your account Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with you existing payment plan. Independent Advice and Financial Difficulties If you would like to know more about your consumer rights, we recommend you contact your local Citizens Advice Bureau (it carries on so) ........................................................................................................................................ I think looking at the letter i have won the case, i would like to thank everybody who helped me win this case i will make a donation over the week end thank you all PS i will be opening another case very soon. Sods law i did not have time to celebrate because my next letter i opened was a court summons for another credit card problem from 2010 with Lowell Portfolio! But still a good day and thank you all Keltic10

another letter from cabot... Dear xxxxxxx Your request for information under the Consumer Credit Act 1974 Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77 and/or78 of the Consumer Credit Act 1974 from the original lender. What happens next? We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those limits, we will write to you again. Contacting Cabot If you have any queries about your account please call one of our customer advisors on xxxxxxxxxx (minicom xxxxxxxxxx) Yours Sincerely xxxxxxxxxxxxxx Customer Support Consultant ............................................................................................................. Legally I thought they only had 30 days before the case is stayed? any body with any thoughts about the letter? thank you

letter from Wightmans dated 8th April 2015 Dear Sir Cabot Financial (UK) Limited -v- xxxxxxxxxxxxxxx Further to your correspondence dated 2nd April 2015, the documents which you have requested at number two, three and four of the same are not referenced within the Claimant's particulars of claim and as such, cannot be requested pursuant to civil Procedure Rule ("CPR")31.14. In the event that you proceed to make an application under CPR 31.14 for disclosure of these documents, we hereby put you on notice that we will oppose the same, placing this correspondence before the court, and seek our costs of opposing this application from yourself directly. Whilst we have requested copies of your credit agreement, together with statement of account, default notices, 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 trial. 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 the required documents in advance of any subsequent trial. 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. Yours Faithfully Weightmans

court letter arrived Friday dated 7th april 2015 CASE NUMBER XXXXXX CABOT FINANCIAL UK LIMITED -V- XXXXXXXXXXXXXXXXXX I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor) The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the courts that he wishes to proceed. The court will inform you of what will happen. Where he wishes to proceed, the claimant must contact the court with in 28 days after receiving your defence . After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay

thank you

much appreciate the advice and will send it on Tuesday, if some body can check my defence 15 / 17? thank you

i have posted the CPR (though regrettably i signed it) though not sure if i should post a CCA request? i did this in 2010 to the original creditor they stated they could not find it and therefore in was not enforceable

still do not know which defence, is the one i use? 15 or 17 and can somebody check to see if its done correctly? thank you

Or should I do my defence like this? DEFENCE I xxxx xxxx am the Defendant in this action and make the following statement as my defence to the claim made by Cabot via weightmans llp. 1. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim. In fact i have a letter from the original creditor stating that the debt is not enforceable to section 78 of the consumer credit act 1974 (my request was made 29-12-09, my reply was 15-11-10) and i state that Opus was not the original creditor as stated by the claimant. 2. Paragraph 2 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925. 3. Paragraph 3 is denied It is 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 with the Claimant; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5.Despite a request being made under the consumer crediticon Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request. 6.A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim. 7. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

.Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request. i have not posted this yet do i send it to cabot/opus or the original debtor? but i already did in 2010 with the original debiter who stated they could not find it so they stated the debt un enforceable do i use this instead as part of the defence

Particulars of claim 1. The defendant entered into a credit agreement described by the originator as Opus CREDIT Card – CREDIT Card AND HAVING ACCOUNT NUMBER XXXXXXXXX (“THE ACCOUNT”) 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 sum of £xxxxxxx The Claimant claims the said sum of £xxxxxx, plus costs ####Proposed Defence#### 1.Paragraph 1 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim. 2. Paragraph 2 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925. 3. Paragraph 3 is denied It is 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 with the original creditor; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) 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.Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request. 6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon. 7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

the CPR request that i sent on Saturday i did sign - have i made a mistake?

CPR posted to the solicitors of cabot Template removed

i asked the original creditor for the agreement in 2010 and they replied stating they could not find it and the account is unenforceable Do i tell CABOTS Solicitor about it and/or send them a copy thank you

thank you

the following information:- Name of the Claimant ? CABOT FINANCIAL UK LIMITED Date of issue – 6 MARCH 2015 Particulars of claim 1. The defendant entered into a credit agreement described by the original creditor As Opus Credit Card-credit card and having account number xxxxxxxxxxxxxxx(“the account”) 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 of 14459.28 4. The claimant claims the said some of 14459.28 plus costs value of the claim? 14459.28 + costs Is Credit visa (Original creditor was citi visa not opus as stated in the particulars?) account began Before 1998 Has the claim been issued by the original creditor (particulars state it is but this is wrong) or was the account assigned and it is the Debt purchaser who has issued the claim. CABOT did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? Not that I am aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no but sometimes a statement of account (only a few) The figures went from July 2011 £11539 to Sept 2013 to £14345 ceased payments because of Financial difficulties last payment May 2010 Citi visa could not find the original agreement so they stated it was unenforceable Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no I sent on the 29 dec 2009 for the credit agreement with the original creditor, I received a reply many months later - 15th November 2010 to state they good not find it and the account was un enforceable (I can provide a copy if required?) I have the original letter from Citi visa in 2010 stating the account is unenforceable Question do I tell the claimants solicitor in writing that I have this or should I tell them this with a copy of the letter??

very similar to /forum/showthread.php?432889-Claimform-Cabot-Weightmans-old-citi-card-debt help please! about 5 years ago i i was in financial difficulties due to nat west calling in a business mortgage and overdraft thinking i was going bust i asked all my creditors to give me a copy of the credit card agreements. Citi visa card returned my £1.00 and stated it was unenforceable if the debt went to court. I have now been issued a court summons. i have complied with the courts by saying i wish to go to court. I have till the 16th April 2015 to put give the courts my defense and I also need to contact cabot regarding the case - i still have the original statement from citi stating its unenforceable in a UK court and they seem to have sold the account to another lender. I ask for any advise regarding the case and if you need any more information please ask thank you facts about the case 15 Nov 2010 (part of the letter) citi stated that in line with recent OFT guidance your credit card is unenforceable . "Enforceable" is a legal term meaning that a lender is not entitled to commence legal proceedings against you for the outstanding sums original creditor on the claim form Opus Credit card (though this is not true - it was the associates which change the name to citi visa claimant Cabot financial acknowledgment service sent and dated 18-3-2015 last payment made was may 2010 if anybody can give me good advise please reply in this forum thank you