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Citi Financial - Cabot/Mortimer Clarke Court claim form received


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Hello

 

Today I received a county court claim form from Northampton court.

 

It is regarding an alleged debt from back in 2008/9 with Citi Financial for which Cabot was assigned the debt in 2010.

 

I have read a lot of threads and understand I need to acknowledge the service online with the court

and say I wish to dispute the whole amount asap which I will do this evening.

 

 

I also understand I may need to send their solicitors Mortimer Clarke a CPR ASAP.

 

 

 

in early 2013 I sent Cabot/Citi a CCA request and a £1 cheque.

 

 

I have not heard anything back since.

 

 

The cheque has been banked and the CCA was sent recorded royal mail.

 

 

Considering this fact would the above still apply (CPR request).

 

 

I am quite confused on what I should do next.

 

 

Can anyone advise?

 

Thank You in advance

 

J

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who did you actually send the cca request to, citi or cabot?

can (and maybe should) still do a cpr request. and maybe another cca request to the current claimant to be sure, but if can show to current claimant then shld be ok.

 

anyway, see the relevant sticky threads in this sub forum.

 

eg 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

 

you have 14 days from service of date of claim issue in which to acknowledge service, so no rush if only just received the claim form.

IMO

:-):rant:

 

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Hi and thank you Ford :)

 

I sent the original CCA to Citi direct. I have also done the acknowledgement of service online earlier this evening. In my CPR do you think I should put reference to the fact I have already requested the CCA ?

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no leave it out

they wont reply to the CPR anyway.

 

 

get a new CCA request off to CAbot.

 

 

you are I think the 3rd in recent days.

 

 

cabot wont stand a chance in hell

of getting an enforceable CCa out of Citi

9/10 if they do

the T&C's are the wrong data

and a copy'n'paste jobby!

 

 

see the other citi claims in this forum.

 

 

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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What is the claim for?

 

by agreement between citi financial and defendant on or around last qtr of 2007 (says actual date) citi agreed to issue the defendant with a credit card upon the terms and conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant onmid 2010 (says date) the claimant therefore claims £xxxx

 

What is the value of the claim?

 

6k

 

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?

 

late 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 cabot

 

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

 

yes

 

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:-

 

financial difficulty

 

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 managementicon plan?

 

no

 

 

I will fire off the CPR to Mortimer first thing monday morning and a new CCA to Cabot too

 

Thanks again

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no leave it out

they wont reply to the CPR anyway.

 

 

get a new CCA request off to CAbot.

 

 

you are I think the 3rd in recent days.

 

 

cabot wont stand a chance in hell

of getting an enforceable CCa out of Citi

9/10 if they do

the T&C's are the wrong data

and a copy'n'paste jobby!

 

 

see the other citi claims in this forum.

 

 

dx

 

i will have a read of the other claim threads thanks

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Just to check chaps....Im sorting out the CPR to send to the solicitors. In the section where it states what info I require can I check I have it right.

 

please don't post templates in the open forum.

 

 

you can request anything they refer to in the PoC.

 

 

however the CCA request is the more important.

 

 

dx

Edited by jacquic75
mistake
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as above

 

 

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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pdf please

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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can we have the date on the top right of the claimform please

 

 

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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Ok date top right on claim form is the 16th sep 2014.

 

My acknowledgment of service was submitted on 19/09/2014

My acknowledgment of service was received on 22/09/2014

 

This letter that hopefully you can see now as pdf is in response to the CPR.

 

 

Cabot have not responded to the latest CCA.

 

 

I still have original CCA request and proof of recorded delivery postage

 

 

but I have not mentioned this to either Mortimer or Cabot.

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that's a std reply

 

 

if they fail to adhere to your CCA request

by the time you need to file your defence

 

 

[15th sept + 33 days, whereby the date on the claimform is counted as DAY ONE]

 

 

therefore:midnight Friday 17th oct.

 

 

you file the holding/no paperwork defence

 

 

DO NOT MISS FILING FOR WHATEVER REASON.

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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jacqui

if you want to take the defence extension, as you offered in yr cpr letter re if they cant comply within 7 days, then you must inform the court accordingly. in writing with a copy of their letter agreeing. def deadline wld then be a further 28 days from the original deadline.

IMO

:-):rant:

 

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Thank you for all your help everyone, I would say decline the extension by not informing the court?

 

Should they not come back to me with the appropriate paperwork and I file a no paperwork defence what is the likely outcome?

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if you dont inform the court accordingly, then there wont be any extension as such. so then just file in normal time.

 

a general point; the template cpr letter invites them to agree to an extension if they think they cant comply within the 7 days ie is offering them more time to comply provided they agree to a defence extension. if not willing to do that, then no point offering it in the cpr letter. not your fault. have mentioned it before re the template letter.

IMO

:-):rant:

 

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  • 2 weeks later...

Just a quick update,

 

 

Cabot have said they have received my cca request and it is being dealt with.

 

 

I need to file my defence a week this friday so would it be sensible to start preparing this early to mid next week

(subject to receiving/ not receiving paperwork as per cpa request)?

 

 

also if i prepare it can i post it in pdf form for you guys to check over as copies of templates should not be posted.

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your defence will not be a template, there are none.

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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Share on other sites
  • 2 weeks later...

Ok I have just over 48hrs to file my defence should no paperwork turn up. I have been searching around other threads and found this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?204093-Template-needed-for-Embarassed-Defence-Please!

 

Could I use a similar defence to the one in the 2nd post after changing it to suit this case? I would rather be prepared to file it on Friday evening by preparing it now.

 

To date all I have received is 2 letters, 1 confirming receipt of CPR request and 1 confirming receipt of CCA request.

 

Thanks

 

J

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no that's the old embarrassed defence that is now not ever used and out of date.

 

 

there are many thread sher with the no paperwork/holding def

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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Share on other sites

how does this look...

 

Particulars of claim

 

1.By agreement between citi financial and defendant on or around last qtr of 2007 (says actual date) citi agreed to issue the defendant with a credit card upon the terms and conditions set out therein.

 

2. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated.

 

3.The agreement was assigned to the claimant on mid 2010 (says date) the claimant therefore claims £xxxx

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 Financial.

 

 

1. It is not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with Citi Financial.

 

 

2. 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 how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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.

 

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.

 

4. 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.

 

5. 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.

 

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

 

Signed

 

 

 

Defendant

Edited by Andyorch
Particulars added for cross checking
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