Claimform Cabot/Weightmans old citi card 'debt'

[sid2gr8]

Hello all, been stressing about this for a while, looking at similar cases on the forum for help and what to do. So far this is what the situation is and what I've done....

 

Claim issued by Northampton county court business centre on 19TH AUGUST 2014

Claimant Cabot

Weightmans llp solicitors (address for sending documents)

Amount claimed including fees £7248

Original credit card: city bank then Opus bank

 

Checked if it might be Statute barred but discovered I made the last payment in oct 2009.

 

Sent acknowledgement of service on 3rd sept 2014 also registered on mcol to defend case.

 

Sent CCA request letter to Cabot using template on here and £1 postal order as advised

-------------------------------------------------------------------------------------

THIS IS THE LETTER CABOT REPLIED TO MY CCA REQUEST

 

Dear Mr XXXXXXXX

 

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/or 78 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 time limits, we will write to you again.

 

Also sent cpr 31.14 to weightmans llp solicitors (Same as the template on here)

This is the cpr 31.14 letter I sent......

 

4th SEPTEMBER 2014

Dear Sir/Madame

 

Re: Cabot Financial v xxxxxxxx Case No: xxxxxx

CPR 31.14 Request

 

CPR template removed

 

THIS IS THE REPLY I GOT FROM WEIGHTMANS

 

Date 8 September 2014

Dear Sir

Our Client: Marlin Financial Services Limited

Legal Owner of Account: Cabot Financial (UK) Limited

Account Number: XXXXXXXXXXXXX

Original Creditor: Opus Credit Card - Credit Card

Outstanding balance: £7248

 

Further to your correspondence of 4 September 2014, the documents which you have requested at paragraphs two to six of the same were 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 CPR31.14 for disclosure of these documents, we hereby

put you on notice that we will oppose your application accordingly, placing this correspondence before the Court, and seek our costs of opposing your application from yourself directly.

 

Whilst we have requested copies of your credit agreement, together with statement of account,default notice, 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 the matter to trial, a deadline will then be provided for both parties to disclose all documents on which they will seek to rely on at trial, which will include the documents listed above. You will therefore be in receipt of the documents requested prior to any subsequent trial.

 

In accordance with CPR 15.2, you must file a defence to proceedings by 22 September 2014 if you wish to defend this claim. In the event that you fail to do so, our client can then request a default judgment be entered against you pursuant to CPR15.3 and CPR12.3.

 

Please note that in the event that you fail to file a defence by the aforementioned date, resulting in our client obtaining a default judgment against you which you later seek to have set aside, we will draw the contents of this correspondence to the Court's attention in opposition of your application to have judgment set aside and on the issue of costs. 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 LLP

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This is where I am now. Help is appreciated on what action I should take now and how to plan my defence.

Edited September 17, 2014 by Andyorch
CPR 31.14 template removed

[AndyOrch]

We ask that templates are not posted on the forum sid they are for members only.

 

Okay so there is plenty about the claim above tell us about the history of the debt and why you think you should defend.

Please read and complete the following...posting your responses here:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

 

PS Welcome to CAG

[sid2gr8]

Sorry for the posting of the template. I don't know what I should do next. I'm very new to this so I'm very confused what my next step should be, thanks

[theoldrouge]

YOU MUST submit your defence by tomorrow SEPT 20th

[theoldrouge]

please answer the questions in link in post 2

[citizenB]

If this claim was issued on the 19th August as per your first post, then you are due to submit your defence by tomorrow Saturday, 20th September (33 days from date of issue)

 

Can you provide us with a history of this account.

 

Most important, why did you cease payments ? Was there an unresolved dispute with the original creditor?

 

Andyorch provided you with a link in post # if you could provide some answers to the questions that are in that link we will be able to advise more efficiently.

[dx100uk]

as with 99% of the Citi /Opus card debacles

 

 

they'll Never get a valid CCA with the CORRECT T&C's out of CITI.

 

 

I'd be filing the 'no paperwork/holding' defence widely available here

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

if they have sent Nothing back regarding your CCA & CPR requests?

 

 

dx

[sid2gr8]

theoldrouge...... Did I not cover all the information in my post? What particular information do you need from me, please excuse me I'm very confused... Thanks

 

CitizenB..... What history do you require please, I ceased payments in October 2009, lost my job, no contact with DCA or original creditor since then

 

dx100uk Cabot have only sent the letter which I posted in my first post regarding the CCA. Weightmans the acting lawyers to which I sent the CPR to,also only sent me one letter which I also posted in my first post

[sid2gr8]

CitizenB .... Also I've not acknowledged the debt they have been sending me letters but I ignored them, been in a real financial mess due to family members death.

[dx100uk]

then as post 7

 

 

dx

[sid2gr8]

Thanks dx,can you point me in the right direction on how to write my defence, a template etc... Thanks for your help much appreciated

[dx100uk]

follow the link in post 7

go read the threads

it is there on most threads

 

 

but DO NOT copy and paste

 

 

you need to adapt it for YOUR PoC.

 

 

dx

[sid2gr8]

Thanks I'll have a good read through , thanks

[dx100uk]

post here before you file it

 

 

dx

[sid2gr8]

post here before you file it

 

 

dx

 

Thanks dx, just figured out weightmans trying to trick me By giving me the wrong advice in their letter for filing my defence by 22nd which is incorrect, correct is 20th today, as pointed out by theoldrouge.

 

I'm going to draft up my defence and post it up asap, tomorrow before I submit It. Thanks dx for your help

[sid2gr8]

Hi, dx ive been looking around your link in post 7. I'm very confused panicking where to find a suitable defence. Can you send me a link which will help me, im trying my best, sorry for my incompetence.

[AndyOrch]

Sid Im afraid until you complete the link I provided in post#2 and prompted again in post#5 its impossible for any anybody to assist you...we dont even know the claimants particulars.

[sid2gr8]

I have managed to draft up this as my defence. I have to submit it by 2400hrs today, thought it was 22nd as advised by the claimants solicitors.... how stupid..

 

Particulars of Claim (for reference only do not submit with defence)

 

1. The defendant entered into a credit agreement described by original creditor as Opus credit card -credit card and having acc xxxxxxxxxxxxx (the account)

 

2.The claiment, 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 claiment in respect of the account in the sum of £6700

 

4.The claimant claims the said sum of £6700 plus costs

 

 

DEFENCE

 

I xxxx xxxx of xxxxxx 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.

 

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 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 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.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited September 20, 2014 by Andyorch
Particulars added /defence amended to suit.

[AndyOrch]

Cant check a defence without particulars...like asking what's the answer without the question.

[sid2gr8]

andyorch....... this is the info you requested.....

 

Name of the Claimant

 

Cabot

 

Date of issue 19th august 2014

 

defence by 20th sept 2014

 

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.

 

Credit card debt, original, city card then opus now cabot

 

What is the value of the claim?

 

£7248 inc court and solicitors costs

 

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

 

credit card

 

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

 

07/03/2007

 

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.

 

Assigned to DCA cabot

 

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

 

NOT SURE

 

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 ?

 

NOT SURE, no contact since last payment in october 2009 to city cards

 

Why did you cease payments:-

 

Financial difficulties, personal problems

 

Was there a dispute with the original creditor that remains unresolved?

 

NOT SURE, not been in contact with them since oct 2009

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

NO

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If you have not already done so – send a CCA1974 request to the claimant

 

SENT to cabot

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

Request 1 - Loans/Credit Cards

 

SENT to weightmans llp

[sid2gr8]

andyorch let me know what else you require, thanks for your patience

[AndyOrch]

Particulars please Sid ...verbatim down to the last full stop.

[sid2gr8]

1. The defendant entered into a credit agreement described by original creditor as Opus credit card -credit card and having acc xxxxxxxxxxxxx (the account)

 

2.The claiment, 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 claiment in respect of the account in the sum of £6700

 

4.The claimant claims the said sum of £6700 plus costs

[sid2gr8]

Is this what you was refering to andorch?

[sid2gr8]

Can anyone help with my defence posted on page one, any input ? has to be filed before 12 tonight