Cabot/Mortimer claim form - citi 'debt'

[connect4]

Hi Everyone

Received claim form from Northampton CC Claimant being Cabot and solicitors are Mortimer Clarke

Date of issue – . 16/9/14

 

I have AOS the claim.

I have sent a CCA request to Cabot and

they have replied with a similar letter as others have stated on here

ie; they do not have the information on file and anticipate it will take 40 days.

 

 

i sent CPR 31.14 request to Mortimer Clarke and

they sent a letter stating they are taking their clients instructions in relation to my request

and that they also agree to the extension of 28 days for me to file defence.

 

Here is the POC

 

By an agreement between Citifinancial("CFE") and the defendant on or around **/**/**** date

("the agreement") CFE 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 on **/**/2010

 

The claimant therefore claims ( a figure over £10k)

 

Having read through a few threads similar should i use the same type of defence as i need to submit a defence in 4 days

 

Thank you

[theoldrouge]

please read and answer the following connect, http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%282-Viewing%29-nbsp

[theoldrouge]

we will need to know when you took out this credit card. very rare that citi/cabot are able to produce a reply that complies with s78(1)

[connect4]

Thank you for your reply the old rouge,

I have put answers to the questions you have requested

 

Date of issue – . 16/9/14

What is the claim for – the reason they have issued the claim? POC

 

By an agreement between Citifinancial("CFE") and the defendant on or around **/**/2002 ("the agreement")

CFE 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 on **/**/2010

 

The claimant therefore claims 22k

 

What is the value of the claim? £22k

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? 2002

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? 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:- 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

[dx100uk]

£22k!!

 

 

this will be fast tracked then.

 

 

luckily they have no chance in getting a complaint CCA/the right T&C I bet.

 

 

you are not alone

 

 

there are numerous CITI claims by cabot here.

 

 

dx

[connect4]

Thanks for reply dx. I have looked at some threads to make a defence and I think this maybe ok for me, could you give me an opinion as a defence to the claim, wether i need to add or delete anything.

Regards

 

Defence

 

1.The Defendant contends that the particulars of claim are vague and generic innature. The Defendant accordingly sets out its case below and relies on CPR r16.5 (3) in relation to any particular allegation to which a specific responsehas not been made.

 

2. Paragraph 1 is noted. I have no knowledge of any agreement between myselfand Citi financial regarding the credit card

 

3.Paragraph 2 is denied. I have never held an agreement with Citi financial toenable any breach let alone withhold any payments.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice ofAssignment.

 

5. It is therefore denied with regards to the Defendant owing any monies to theClaimant, the Claimant has failed to provide any evidence ofassignment/balance/breach requested by CPR 31. 14, therefore the Claimant isput 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

© show how the Claimant has the legal right, either under statute or equityto issue a claim;

 

6.As per Rule 16.5(4), it is expected that the Claimant prove the allegationthat the money is owed.

 

7. On the alternative, if the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the Act 1974.

 

 

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

[dx100uk]

2/3 no..

 

 

you did have a citicard, you cannot deny you ever had 'a' card nor 'an' agreement.

[connect4]

Thank you for your reply dx. If i delete paragraph's 2 and 3 and edit paragraph 4 to read "I am unaware of any legal assignment or Notice ofAssignment."

would the defence suffice? Or is there anything else I could add?

Regards

[dx100uk]

you need to look at recent threads here

 

 

just adapt those to you POC

 

 

however, you have a good few weeks yet.

[AndyOrch]

Thank you for your reply dx. If i delete paragraph's 2 and 3 and edit paragraph 4 to read "I am unaware of any legal assignment or Notice ofAssignment."

would the defence suffice? Or is there anything else I could add?

Regards

 

There wouldn't really be much of a defence left...you need to adapt it to suit your particulars.

 

Andy

[connect4]

Thanks for advice dx, my defence is due latest in 4 days.(33rd day) I would like to submit in 3 days time

Regards

[connect4]

Thank you for advice Andy.

 

I think if i leave out para's 2 and 3 it is a very weak defence, also by omitting these i am actually saying i had an agreement with citi!

 

Regards

[AndyOrch]

Then dont leave them out re draft them to suit your 2 & 3 of your particulars

[connect4]

Hi Andy, Dx100, the old rouge.

 

I sent my defence in to Northampton CC

they duly replied with a letter confirming receipt of defence

and that a copy would be forwarded to the solicitor of Cabot.

 

 

The letter also states unless the claimant informs the court he wishes to proceed

within 28 days of receipt of my defence the claim will be stayed.

 

On Saturday I received documents from Cabot which includes reconstituted true copy

of credit agreement, statement of account and terms and conditions.

 

 

They claim that this satisfies the obligations set out in section 77-78 of the consumer credit act 1974

and as they have now complied with my request for information

they are now able to enforce the credit agreement which i signed

 

 

and entered into (on all paperwork they sent there is no copy with my signature on )

 

 

Enforcement would mean obtaining a CCJ

however they would prefer to work with me and set up a payment plan to settle the outstanding balance.

 

I would like to ask how to respond to the above?

They have not provided a copy of the signed agreement,

how would this affect them applying for a CCJ?

 

The 28 days from the solicitor receiving my defence would be up about now,

I have not contacted the court yet to see if they have informed the court they wish to proceed.

 

Any comments help would be appreciated

 

Regards

connect4

[dx100uk]

as this was a 2002 take out

a recon is no good.

 

 

and if you scratch lightly you'll prob find the address

on what you have is not the correct one for where you were at the time of taking out the card

and

I bet the T&C's are not from 2002 either

 

 

dx

[connect4]

Thank you for your reply dx.

 

I think the T&C's maybe from 2008 going on one of the citi documents.

 

 

There is also an original CCA and a current CCA.

 

 

If the reconstituted true copy of credit agreement is of no use to them

are they hoping i will call to set up some payment plan?

 

 

I am right in thinking they wouldn't have the correct documents to proceed with the claim?

 

Regards

connect4

[dx100uk]

2 CCA's?

 

 

have they send the signed one from 2002?

 

 

and the T&C's from 2002

 

 

if not they are stuffed

 

 

dx

[connect4]

They have sent copies of 2 CCA's from citi, one 2002 they call the original and one they call the current from 2008. There are no copies of a signed one at all, on all they have sent there is nothing signed by me or copies signed by me.

Regards

connect4

[connect4]

Hi Dx. What would you say my next move is? Cabot have given me 14 days to reply to them to make some agreement for a payment plan. I assume that if they have no signed agreement or copy of agreement they will not be replying back to court within the 28 days and the claim will become stayed. Any comments would be appreciated

 

Regards

connect4

[AndyOrch]

You have answered your own question connect:-)

[connect4]

Thank you Andy for your reply. I will check with Northampton CC to see if there has been a response from the claimant.

Regards

connect4

[AndyOrch]

Little point really connect ...if they do/have you would have received a Directions Questionnaire by now.The claim is stayed.

[connect4]

I will leave contacting them, I have calculated 32 days since my defence went into Northampton so hopefully be over the finish line soon

Regards

connect4