Cabot/restons - claimform - old CITI card 'debt'

[LastViking]

Hi, this is my first post, so I hope I can explain the situation properly.

 

I have a series of old credit card and bank overdraft/loan debts arising from

previous financial problems, a divorce and health problems,

all debts are unsecured.

 

Some of the debts are joint with my ex.

 

I was in a payment plan which stopped interest running but

since November 2010, through ill health, I have not been able to make any further payments.

 

Admittedly I have just left everything and apart from filing letters

did not contact the creditors until March 2011 when I considering making myself voluntarily bankrupt.

 

I wrote to some creditors to establish what they claimed was owing.

I could not get the funds together to pay for a bankruptcy

so decided to leave it to see whether the creditors would force it on me and pay for it themselves.

I have no assets and don't own a house,

although I do have a pension scheme in a SIPP which is not being drawn on.

 

Nothing much happened until

 

22nd July 2014 when one of the creditors issued a claim form.

 

The original creditor was CITI card who, apparently without my knowledge,

transferred to debt to Cabot Financial in 2006.

 

At the time I was in dispute with the amounts shown as outstanding by CITI

as some payments made under the DMA had not been properly allocated.

I then found that, despite the previous agreement with the DMA,

Cabot were charging interest and had still not allocated the payments correctly.

 

Several letters passed but the account was never adjusted,

so the amount on the claim form is not correct in any event by £ 254.90.

 

OK that is the background. So to the claim form.

 

From reading other posts on this site I can give the following details to help with any advice you can give:-

 

The claimant are Cabot Financial, Restons Solicitors Limited are dealing with the case.

 

The POC are that

 

'The Claimant claims payment of the overdue balance due from the Defendant(s)

under a contract between the Defendant(s)

and Citifinancial dated on or about 17/01/2001

and assigned to the Claimant on the 30/05/2006

in the sum of £ 4,864.92'

 

the account number and give a date of 01/07/2014 default balance 4864.92 Post Refrl cr Nil. Total 4864.92.

 

Added to this are court fee £ 185 and solicitors costs £ 80 making a total of £ 5,129.92

 

it seems to me from reading through the posts that I should

 

1. Acknowledge Service online with the Court but state that I intend to defend all of this claim.

 

2. Send a letter to Restons for a CPR 31.14 disclosure.

 

3. Should I refer in that letter to my original dispute over the incorrect allocation

of payments and interest or leave this until I submit my defence?

 

4. Do I send a copy of the letter to the Court and Cabot?

Someone suggested I should contact the Court to tell them what I am doing, is that correct?

 

Once they receive the letter I understand they then have 28 days to respond.

Unfortunately I will be away at the end of August,

what happens if something arrives while I am away?

Do I advise the Court or will a deadline fall into that period?

 

I understand I have 14 plus 3 days to file the acknowledgement

and then another 14 days to file a defence.

 

But does that 14 days run from when they supply the details requested?

 

If they don't respond within 14 days to my letter, can I delay my defence by some means?

 

Sorry I am rambling, but this is getting complicated and my chemo brain cannot cope.

 

The other issue, and one reason I haven't been able to address the issue is that,

I understood, as I cannot pay all of the debts,

I cannot prefer one creditor over another.

 

The main debt is to a bank and that is joint with my ex who has continued to make small repayments.

 

As it is First Direct, they are not prepared to make any concession on the amount

they want whereas other creditors have offered reduced settlements in the past.

 

Does this overall situation affect how I should proceed?

 

Obviously the original creditors were aware of the position when we entered into the DMA.

 

So how can I prefer one creditor to the others even if I could make a payment into court to avoid a CCJ?

 

Any help you can give would be much appreciated.

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

 

Have you any idea when the last payment was made this account or what the default date is?

Cabot are chasing a raft of very old possibly statute barred Citi accounts?

[LastViking]

Hi Brigadier

 

The last payment made by the DMA was in November 2010. Not sure what the default date was. How can I find out?

[theoldrouge]

have a careful read of the following, ensure that you understand the court timeline

 

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

 

it is imperative to send your cca and cpr 31.14 requests as soon as possible

[theoldrouge]

have moved thread to Financial Legal Issues as claim has been issued

[LastViking]

Thanks theOldrouge:-

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Cabot Financial

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22nd July 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. 'The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Citifinancial dated on or about 17/01/2001 and assigned to the Claimant on the 30/05/2006 in the sum of £ 4,864.92'

 

What is the value of the claim? In total £ 5,130

 

Is the claim for a current or credit/loan account or mobile phone account? Credit Card Debt

 

When did you enter into the original agreement before or after 2007? Yes

 

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. By a debt purchaser I assume.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes in November 2006

 

Did you receive a Default Notice from the original creditor? Yes on 10th April 2006 under Section 87(1) CCA 1974

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? In May 2014 I had a letter from Cabot headed "Notice of Arrears" but nothing headed "Notice of Default sums". Lots of notices of changes of collection agents. But As far as I can see nothing else referring to Default Sums.

 

Why did you cease payments:- I have cancer and have been unable to work. I am on reduced income from insurance.

 

Was there a dispute with the original creditor that remains unresolved? Yes the allocation of payments, late payment charges and interest imposed by Cabot

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes with Payplan and I had significantly reduced the original debt before 2010.

[BRIGADIER2JCS]

Hi Brigadier

 

The last payment made by the DMA was in November 2010. Not sure what the default date was. How can I find out?

Credit File may help.

[theoldrouge]

the most important issues to concentrate on now are

 

register on mcol, acknowledge the claim and tick defend all

 

send your cca request

 

send your cpr31.14 request

 

establish the date by which you must submit your defence- 33 days from 22nd July (22 July being day one)

[LastViking]

the most important issues to concentrate on now are

 

register on mcol, acknowledge the claim and tick defend all

 

send your cca request

 

send your cpr31.14 request

 

establish the date by which you must submit your defence- 33 days from 22nd July (22 July being day one)

 

OK

Thanks

[citizenB]

If the issue date was 22nd July, your timeline is as follows:

 

Issue date 22.07.2014 + 5 for service = 26.07.2014 + 14 days to acknowledge = 09.08.2014 + 14 days to submit defence = 23.08.2014.

 

Their claim forms are becoming more and more vague ?

 

You need to send the CPR request from teh following link - to the solicitor named on the claim form - at the very least obtain a free proof of posting, but if you can afford it - send by Recorded delivery.

 

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

 

It looks as though all you can request from them is

 

1: The agreement

2: Statement of account which should identify any charges.

 

Although you confirm you have received a default notice and the notice of assignment so there would be little point in asking for those.

 

Had you ever sent a CCA request for a copy of the agreement ?

[LastViking]

Thanks CitizenB

 

I haven't asked for a CCA before so I am using the template from the link and sending this to the Debt Collection agency today.

[LastViking]

OK folks, letters sent and claim acknowledged. Now what. just wait and see?

 

Any thoughts on what I do about the situation if I lose, regarding the bankruptcy issues?

[LastViking]

Hi All. I have now received a response from the solicitors to my CPR 31.14 request but it is not what I expected.

 

As recommended on the forum I did not sign the letter but just typed my name. Their response is:-

 

'Please find enclosed a draft letter which purports to come from you but which is unsigned.

 

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

 

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.'

 

Any advice as to what I do now, other than sign and return the letter or are they now considered to have failed to properly response to a valid CPR request?

 

My letter was sent on 1st August, their response written on 6th August and received today 8th August. Does this affect my time line for filing a defence?

[theoldrouge]

the only letter you do not sign is your cca request to the claimant (print your name)

 

you need to sign all letters to claimants solicitors (your cpr 31 14 request)

[theoldrouge]

you MUST file your defence by 23/08/2014 regardless of what you receive

[BRIGADIER2JCS]

Hi All. I have now received a response from the solicitors to my CPR 31.14 request but it is not what I expected.

 

As recommended on the forum I did not sign the letter but just typed my name. Their response is:-

 

'Please find enclosed a draft letter which purports to come from you but which is unsigned.

 

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

 

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.'

 

Any advice as to what I do now, other than sign and return the letter or are they now considered to have failed to properly response to a valid CPR request?

 

My letter was sent on 1st August, their response written on 6th August and received today 8th August. Does this affect my time line for filing a defence?

 

 

 

There is absolutely no reason for not signing a CPR request, the time is just wasted.

[oleg]

In recent cases where ppl have sent a CPR 31.14 requesting a copy of the agreement, Restons have replied but not complied, saying they did not mention one in their POC. Change the word agreement in your request to contract.

 

They behave worse than MPs.

[LastViking]

OK, sent the letter back signed, so I will see what response I get this time.

[LastViking]

I have now had a limited response to the CPR31.14 request letter from Reestons. I attach a copy as I don't really understand what they are claiming, except that they seem to be saying that there is nothing that they need to do.

 

Any additional advice would be gratefully received. I haven't heard anything from Cabot yet although they cashed the £ 1 cheque.

 

Thanks in advance.

 

LV

[BRIGADIER2JCS]

I have now had a limited response to the CPR31.14 request letter from Reestons. I attach a copy as I don't really understand what they are claiming, except that they seem to be saying that there is nothing that they need to do.

 

Any additional advice would be gratefully received. I haven't heard anything from Cabot yet although they cashed the £ 1 cheque.

 

 

Hi LV,

Standard response and it is correct.

The NCCBCC issued claims cannot have documents attached.

 

When did you send the CCA request to Cabot? Has the 12 + 2 working day time limit expired yet?

[LastViking]

Hi Brigadier

 

The letter to Cabot was posted recorded delivery on 1st August, so it has been 12 working days.

[BRIGADIER2JCS]

Hi Brigadier

 

The letter to Cabot was posted recorded delivery on 1st August, so it has been 12 working days.

Allow them until Friday.

I suspect Cabot will try their trick of responding at the last moment saying that they are attempting to get the documents from the original credit and hope to do so within 40 days.

 

 

They quote "industry guidance" just more claptrap.

[LastViking]

What do I do, if they do that, what defence do I file by the 23rd? I am away from 22nd so have to deal with this before then. Do I assume that they will not reply. Even if they do, it does not give me much to time to consider their response.

 

Sorry for all of the questions. Not had to do this before. I am grateful for your help.

[BRIGADIER2JCS]

What do I do, if they do that, what defence do I file by the 23rd? I am away from 22nd so have to deal with this before then. Do I assume that they will not reply. Even if they do, it does not give me much to time to consider their response.

 

Sorry for all of the questions. Not had to do this before. I am grateful for your help.

 

 

Get your defence as ready as you can if no response tomorrow file the defence you cannot miss the deadline.

[LastViking]

So is my defence is to deny that they have any debt to collect in the absence of documents proving that the debt was transferred to Cabot or that I signed the original agreement etc. Something along the following lines?

 

In the (state County Court here) Claim No. (state claim number here)

 

Between:

(state Claimant’s name here) Claimant

-and-

(State your name here) Defendant

Defence

 

Introduction

 

1. I, Mr/Mrs aged (state your age here) of ( state your full address here) am the Defendant in this matter and I make this statement as my defence to the Claim brought by the Claimant. The matters set out below are within my own knowledge and where the

contrary appears, I state the source of such material and put the Claimant to the strictest of [proof on his claim, which is denied in its entirety hereby.

 

a. For the purpose of this Defence, all paragraphs and sentences stated hereafter are

referred to the Claimant’s statement of case dated (put date here).

 

2. The first sentence of Claimant’s statement of case is admitted, save it is denied that the Defendant is indebted to the sums claimed therein as alleged, the Claimant is therefore, put to the strictest proof on the same.

 

3. The second sentence stated therein is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 & 196 has been served upon her/him by the Claimant as alleged or at all.

 

4. As to the third sentence, it is denied that any statutory and valid default notice has been 8/8/2014 No response to CPR 31.14 request, no agreement to defence deadline extension served on the Defendant and the Claimant is therefore; put to the strictest of proof to the contrary.

 

5. In light of the facts enumerated above, the claim is denied in its entirety and the

Claimant is put to the strictest proof to establish to the contrary and his

claimed entitlement under the statute and its provisions which, if complied with in

accordance with the obligations imposed upon the Claimant thereunder , would entitle the Claimant to his claim.

 

Statement of Truth

 

Mr/Mrs……………………………………………….. dated this day ………..

 

Is that OK?