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cabot/citicard and court papers - its 10yrs old and SB'ed


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I recieved a court summons from Northhampton court for a debt from citicard and was passed to cabot years ago.

But the debt is status barred at about 10 years and we have never knowledged are debt with cabot.

what do we do from here with the court papers ect.

We have 14 days to reply.

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looks like you are a dab hand at court already.........

 

SB is an absolute defence

 

have you checked your cra file

just to be SURE its SB'ed

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you acknowledge the claim online and state your wish to defend then you will receive a further 14 days (28 days in total) plus the 5 days for service from the date on the claim form.

 

As DX states, check your credit file and see if they've refiled the default to try and strengthen their claim.

 

Can you post up the claim details minus identifying stuff.

 

S.

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scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

Unfortunately the CRA file is only a very rough guide in SB cases, being open to error and manipulation. The Statute Barred clock starts on the date of accrual of cause of action, not when it's recorded on the CRA. If it's going to court it's essential, to establish the exact date of last payment/acknowledgement and to check the T&C's at the time for the default clause.

Therefore send a SAR (details/link in my blog linked below) asap to the original co (or whoever you last made payment to), and acknowledge the claim online, as above.

 

Then (depending on the Particulars of claim) we'll help with requesting the required docs via Civil Procedure Rules too. Belt and braces!

 

Hopefully once they see you've got all your ducks in a row they'll discontinue. :roll:

 

kind regards,

Elsa x

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ok came across a old credit file and it shows the citi card started in 2002 and i know i paid for 1-2 years at the very most then lost job ect it shows that citi card defaulted me in 31/03/ 2006 the default notice balance was £2,445 and currant balance was £1,890

 

Then seems cabot took over and on my credit file cabot had all the same details as citicard had start date ect all the same but company name was now theirs and not citicard and the default balance was £2,445 and currant balance had gone up to £2,776 also default date as 31/03/2006 the same as citi card had put but updated by cabot 06/07/2008

 

the court order says in a box on the left hand side:

the claiment is the assignee of a debt from citifinancial citi classic card ref****** notice of assignmenthaving been giving to the defendant in writing.despite demand for payment of £3,133.67!!!!! remains due.the claimant claims £3,298.67 and interest under s.69county courts act 1984 and cost.

 

I have letters from cabot dated

14th july 2008 -owe 1870.85

11th sep 2008-1870.85

4th august 2008-2439.85

1st september 2008-1870.85

 

why it went up in august then back down a month later i do not know.

But the figure of £1,870 i remember being right with citicard

 

The figure i owed citicard was £1,870 and cabot want £3,298.67 thats increase of £1,428.67

 

I will be contacting the court online and extending the time and do the SAR to citicard.

 

And to dx100uk

looks like you are a dab hand at court already.........
yea regards to blackhorse ,don`t even mention them they seem to be doing everything not to go back to court and not show us a signed agreement.

Me and my husband are both disabled and can`t afford to pay to take them back to court

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so if it was defaulted in mar 06 poss your last payment was around nov/dec prev year 2005

so might not be SB unless you live in scotland?

 

do you know EXACTLY when you last either paid then or used the card YOURSELF?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

Unfortunately the CRA file is only a very rough guide in SB cases, being open to error and manipulation. The Statute Barred clock starts on the date of accrual of cause of action, not when it's recorded on the CRA. If it's going to court it's essential, to establish the exact date of last payment/acknowledgement and to check the T&C's at the time for the default clause.

 

 

Very good post and advice!!

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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so if it was defaulted in mar 06 poss your last payment was around nov/dec prev year 2005

so might not be SB unless you live in scotland?

 

do you know EXACTLY when you last either paid then or used the card YOURSELF?

 

dx

 

Citicard, Cap One and the like quite often used to let the accounts run for months even years after default status before registering the default prior to selling. As the balance owed increased by approx 50% between the OP's balance at last payment and default registration that's well over a years worth of default charges even if they did the old one charge for late payment one charge for non payment plus interest trick on the monthly account.

 

My moneys on the cause of action being 2005 at the latest but Citicard keeping the a/c live to cream unlawful charges.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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It is key to find the last date of payment made on this account, it might mean a lot of searching around to find old statements etc but you need to be sure of that date of the last payment. The cause of action would normally be 3 months after the last missed payment as thats when "normally" you would be defaulted in the credit card industry.

 

They should not default you more than 6 months after the last missed payment according to the ICO default guidelines otherwise creditors would just wait and wait and wait before defaulting you and issuing court proceedings when they felt like it.

 

S.

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As i have said i got the card 2002 and was only able to pay for 1-2 years as i lost my job so that would make it 2003-2004.

I now will SAR citicard and do i SAR cabot as well i have been on to acknowledge the claim online so how do i know i have got the extra 14 days and also what if the SAR takes longer then the 14 days.

Also anyone know where i send the SAR for citicard.

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As i have said i got the card 2002 and was only able to pay for 1-2 years as i lost my job so that would make it 2003-2004.

I now will SAR citicard and do i SAR cabot as well i have been on to acknowledge the claim online so how do i know i have got the extra 14 days and also what if the SAR takes longer then the 14 days.

Also anyone know where i send the SAR for citicard.

 

The SAR will take up 40 days so I doubt it will come in time for your defence. Far better to EITHER issue a CPR18 letter with any queries in the form of questions you need answering OR to seek agreement with the other party on an extension to file the defence whilst you await the SAR from the original creditor.

 

S.

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Hi,

No Suggs as Shadow says the Sar will probably take too long, hence you need to send a 31.14 request for docs mentioned in the POC plus a part 18 request for information too. The 31.14 includes a request for a time extension to 14 days AFTER they can comply.

I'd send them in seperate envelopes, by Recorded or Special delivery, to the solicitors named on the claim form.

 

31.14:

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) county court .

I confirm having returned my acknowledgement of service to the court in which I indicate my intention

to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a

verified and legible copy of the documents mentioned in your Particulars of Claim:

1. The agreement relating to the Citifinancial Credit Card, including terms and conditions at inception and as varied.

2 The Notice of Assignment

3 A full statement of account showing how the figure claimed has been calculated.

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated

to the small claims track for determination upon my delivering a defence, at this moment in time I have

not delivered my defence and the case has not been allocated to a track. In consequence the provisions

of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by

claiming otherwise.

please ensure compliance with your CPR 31 duties and ensure that the documents I have

requested are copied to and received by me within 7 days of receiving this letter.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have

requested, the better for you to be able to verify the document's authenticity and to provide me with a

legible copy. Further, where I have requested a copy of a document, the original of which is now in the

possession of another person, you will have a right to possession of that document if you have

mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of

this case.

Where I have mentioned a document and there is in your possession more than one version of that

same document owing to a modification, obliteration or other marking or feature, each version will be a

separate document and you must provide a copy of each version of it to me. Your obligations extend to

making a reasonable and proportionate search for any versions, and include an obligation to recover and

preserve such versions which are now in the possession of a third party.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs

incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request please inform me in writing as soon as possible,

and certainly before the time for compliance with this request has expired.

In telling me you require more time please confirm what steps you have taken and propose to take in order to comply

with this request and also please state a date by which you will comply with this request.

Please note:

In addition your statement must be accompanied by a statement that you agree to an extension of the time for me to file my defence.

Your extension of time must be not less than 14 days from the date when you say you will have

complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply, then you are required to confirm this in writing.

Please note that if you should fail to comply, fail to request more time or fail to agree

to an extension of time for the filing of my defence, I will make an application to the court for an order

that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully

 

 

And the Part 18 request:

 

Your Name

Your Address

IN THE XXXXXXXXX County Court

CLAIM NO:

BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:

a] Upon what date, for what amount and what was the date for remedy of the breach?

b] Was the issuance of the Default Notice noted in the communications log?

4. Does the amount claimed include charges, and if so what amount?

 

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

I also attach a compilation I've done of some of the most helpful posts from the main legal threads. Do have a good read as from hereonin you need to know what you're doing :roll:

 

kind regards,

Elsa x

pt-legal issues-compilation.pdf

Edited by Undercover-Elsa
crossed post with Shadow :-)
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  • 1 month later...

I Recieved the paper work back and i took the card out in 2002-2005 and cabot took on the debt in 2006 ,it seems we paid them threw a 3rd party from May 2006 till May 2008 when my husband was medically retired from his job.

since the cabot has charged me £19 amonth interest.

Also the credit agreement was just a huge budle of papaer with T&C and no signed agreement.

I need to put in my court papers in a few days time so what do i need to put as my defence ,that both me and my husband are disabled are income is low and also do i contest their interest charges.

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since the(n) cabot has charged me £19 amonth interest.

.

 

Suggesting they are using contractual interest therefore the agreement wasn't terminated. have you at any time received any of the following?

 

Valid default notice.

Notice of termination of account.

And if so do you have them still and who issued them?

 

And were there any default charges or was there PPI on the card?

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Presumably you mean the SAR request Suggs? Have they not responded to the part 18 request or CPR 31.14?

 

Looks like the Stat Barred route is out, unfortunately.

 

If it is the SAR you got, you need to look for the communications log, and check for whether they note that a Default Notice was issued.

 

You also need to go over that reconstituted agreement they've sent you with a fine tooth comb. Check for anything that proves it wasn't the T&C's in force when you took out the agreement. Does it have the correct address for the time you took it out? Is the APR the same as on the first statements? Are any acts/statutes mentioned dated AFTER you took it out..etc etc...

 

Elsa x

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Valid default notice.

Notice of termination of account.

And if so do you have them still and who issued them?

And were there any default charges or was there PPIlink3.gif on the card?

 

I can`t find a letter regarding default notice but i might have had a letter at some point from cabot with a default on it

No dont seem to have a termination of account

Yes there was PPI on the card and default charges is that the same as late payment charges

 

A letter from cabot saying that cabot has recently brought the account i held with citifinancial ,the actully date is not showing but the have used a stamp saying "representation of a letter to customer created on (then had written) 20/06/2011

Also found at letter dated 28th August 2008 saying "cabot purchased the account on the 26th April 2006.

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Have they not responded to the part 18link3.gif request or CPR 31.14?

 

Yes i requested what you mentioned above.

In the paper work recieved there is a letter dated 13th April 2010 and it says we enclose true copies of the debtors original and FINAL agreements with citifinancial.

so is that Notice of termination of account

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Ok if you made payments or acknowledged the debt through an authorised third party then statute barred is out as a defence I'm afraid.Playing devils advocate here... what is your defence???Ok, to win they *should* need at a minimum:-Show you owe the money ** Statements will show this **Show its your account ** an agreement, should be the original with your signature with prescribed terms unless they can hoodwink a judge with a recon **Show you owe it to them ** A valid default notice and a notice of assignment to them **Thats the minimum they need...So have you had a default notice.... have you had a notice of assignment from them, poss more to the point have you ever acknowledged receipt of a notice of assignment from them as its a prerequisitie of the transfer being valid that you have recieved it.. can they prove you have received it?So after reading that lot.... I'll ask again do you think you have a defence?S.

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