Claimform - /Cabot/Restons - old CITI card 'debt'

[dean64]

I took out a Citicard in 2002 and got into difficulties due to being disabled.

 

The debt was transferred to Cabot in 2006.

 

Initially I made a small token payment of about £1/month

but after reading very useful information on this website about the CCA

I decided to dispute it and stopped payments in 2009.

 

I sent CCA and SAR requests to Citibank and Cabot.

 

Initially, both said there was a delay in obtaining the CCA.

But, in April 2010 both sent me the same copies of the CCA as follows:

 

I cannot see my signature and therefore,

I do not beleive it has the prescribed terms.

It just has my printed name and address.

 

On Christmas Eve I got a claimform filed by Restons.

 

 

Issue Date: 22 December 2014

 

 

Claimant: Cabot Financial (UK) Limited

 

Particulars of Claim:

 

 

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 Nov 04 2002

and assigned to the claimant on May 30 2006 in the sum of £5400.

 

 

What is the value of the claim? £5400

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? Before 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. - Debt purchase issued claim

Were you aware the account had been assigned

– did you receive a Notice of Assignment? Yes, received copy not original

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? Long term sickness/ disabled

What was the date of your last payment? 09/2009

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 managementicon plan? Yes

 

............................

I did receive a reconstituted Notice of Assignement (copy below) before

 

I have no records of a default notice and definitely not every year.

 

I ceased payments due to ill health.

 

Full details of this was passed to Citifinancial and Cabot.

 

Last Payment: 09/2009

 

I sent a CPR request on 03/12/2014 requesting a true copy of the credit card agreement

and Notice of Assignment.

 

I have no savings and I cannot afford any meaningful payment or maybe £5 to £10 per month due to me being disabled.

 

I am quite prepared to go to court if I have a good chance.

 

Is this worth defending?

 

Please help.

[renegadeimp]

Wheres the app form with that CCA reply? If there isnt one, not even a reconstituted one, then its non compliant. All theyve given you is generic terms and conditions. They havent even sent any updated terms through the life of the account/

 

As is the case with cabot, they rarely ever have the correct paperwork, and rely on an alleged debtors lack of knowledge to gain a CCJ by default.

[dx100uk]

forget what gone on in the passed. with the CCA

 

 

send another one to cabot now

 

 

dx

[Guest]

I sent a CPR request on 03/12/2014 requesting a true copy of the credit card agreement and Notice of Assignment. A copy of their reply is below.

what was the nature/format of your 'cpr request' on 3/12? that makes them think it is a sar?

cpr 31.14 request is re after litigation has started, which you say was 22/12

[dx100uk]

ack the claim defend all

 

 

get a CCA request off to CABOT

 

 

£1 BLANK PO

do not sign anything.

[dean64]

what was the nature/format of your 'cpr request' on 3/12? that makes them think it is a sar?

cpr 31.14 request is re after litigation has started, which you say was 22/12

 

I do not know why they think it is a SAR but I sent the CPR request after Restons sent me a letter of imminent court action on November 28,2014. The exact letter I sent is as follows:

 

 

WARNING.

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

 

 

Your Ref:

Cabot Account Number:

 

 

Dear Sir/Madam,

 

Thank you or your letter dated November 28, 2014 in which you have indicated that there is an imminent court action should I not respond to your letter.

 

In your letter you have given notice that Cabot Financial (UK) Limited are preparing to initiate legal proceedings over the non-payment of the outstanding balance on the above account.

 

Given that this matter is now subject to a potential legal proceeding, you are obliged to provide, under the Civil Procedures Rules, information to ensure that all parties are on an equal footing, and also to ensure the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources.

 

Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules, I request that you supply copies of the following documents:

 

1) A true copy of the executed contract and any terms and conditions that applied to the account at the time of default.

 

 

2) All records you hold on me relevant to this case, including but not limited to

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with Cabot Financial (UK) Limited.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

This information is required within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to deny me the opportunity to review my position in relation to your claim of alleged breach of agreement and any possible counter-claim.

 

Please note that, as you have initiated this action, failure to respond to this letter will place this account in clear dispute and as such you may not:

demand any payment on the account, nor am I obliged to offer any payment to you.

add any further interest or charges to the account.

pass/sell the account or outstanding balance to any third party.

register any information in respect of the account with any of the credit reference agencies.

issue a default notice related to the account.

Should you ignore any of the above I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit and will request that your suitability to hold a consumer credit license to be reviewed.

 

I look forward to hearing from you in due course.

[dean64]

ack the claim defend all

 

 

get a CCA request off to CABOT

 

 

£1 BLANK PO

do not sign anything.

 

I sent Cabot and citicard a CCA request in October 2009 and just got generic copies of the CCA. Is it necessary to send another one to Cabot?

[dx100uk]

yes send another one to cabot

1st class

blank £1 PO

don't sign the letter

 

 

have you ack'd the claim defend all yet?

 

 

dx

[Guest]

I do not know why they think it is a SAR but I sent the CPR request after Restons sent me a letter of imminent court action on November 28,2014. The exact letter I sent is as follows:

 

that does seem to be a bit of a catch all (eg the 1-10 are that seen in the sar template), and poss unclear what it comes under.

what is the 4.6 protocol that you refer to?

maybe forget about that letter?

do the cca request.

and a cpr 31.14 request if desired eg http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

and, if required, do a sar separately.

[dean64]

Ok, will send a CCA request to Cabot and a CPR 31.14 to Restons. Also, I will acknowledge the claim to defend all. Will let you know how I go.

 

Thank you all for a very speedy response. I didn't expect anything until after Christmas at least.

[dean64]

Sent the CPR 31.14 request, CCA request and claim acknowledgement all by 1st class recorded delivery today.

 

By my calculations if the claim date is 22/12/2014

I have until 23/01/2014 to file a defence.

 

 

Restons have until 03/01/2014 to reply to my CRR 31.14 and Cabot have until 16/01/2014 to reply to my CCA request.

 

 

Is that right?

 

I have had many copies of the same generic CCA (without signature)

and Notice of Assignment from Citibank, Cabot, ICO, FOS and Morgans Solicitors over the past 5 years.

 

 

So it is likely that they are going to reply with the same.

 

 

As I'd like to prepare early

what is the wording for a standard defence?

(i.e. Claimant has no original notice of assignment,

no CCA with the prescribed terms and no default notice)

[dx100uk]

why did you not ack the claim online at mcol?

 

 

dx

[dx100uk]

they need to supply an enforceable CCA wit the correct T&C's by the date you need to file.

 

 

perstons will send their silly letter found in numerous threads here

regarding a cpr request

to try and unsettle a defendant.

 

 

whatever happen, do NOT miss your filing date.

 

 

as it stands, the no paperwork/holding will do

 

 

in many threads here but WAIT till the last day.

[dean64]

why did you not ack the claim online at mcol?

 

 

dx

 

I tried to do this and registered with MCOL but it is asking for a "Defence Pack Password". I presumed this would come through the post at a later date. Is that right?

[dean64]

as it stands, the no paperwork/holding will do

 

What do you mean by this. Can you elaborate please. Filing a defence is completely new to me.

[renegadeimp]

When you get the claim form, the password will be on that. You register using it and the claim number.

[dean64]

When you get the claim form, the password will be on that. You register using it and the claim number.

 

Just found it. Thanks for your help.

[dx100uk]

defend all leave juris unticked.

 

 

did you copy the claimform before sending it off?

 

 

or you did send it?

 

 

dx

[dean64]

Just noticed the password on the claim form. So have acknowledged online to defend all. Thanks.

 

Can you point me to the correct wording for a no paperwork/holding defence please I am struggling to find it.

[dx100uk]

you don't need that yet.

 

 

as long you've now acked the claim.

done CCA

 

 

you've got till 4pm Friday 23rd jan to file.

 

 

for an uptake of 2002

they'll need your SIGNED CCA to win.

 

 

don't worry if they don't reply to CPR

the CCA the MUST hold and send to you.

 

 

no need to chase at all.

 

 

go read reston threads now here

 

 

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

 

 

dx

[dean64]

Thanks very much for your help. That eases my mind.

 

Will read through the Reston threads tonight.

[letsgetitsorted]

Hi Dean64

II had a claim form from restons for a debt that Cabot had purchased,

 

 

I asked for info

 

 

got the usual letter telling me they dont have to give it,

 

 

i filed a defence

 

 

had a letter from Restons telling me my defence was a standard defence comonly found on the internet and it had no chance of success,

they even gave me an option to withdraw my defence,

 

 

of course i didnt,

 

 

then for some reason they phoned, and politely asked me if i was going to withdraw my defence

and send the form off to the court, of which i said

"no i am standing by my defence"

 

 

the lady then said i will pass you to the defence team,

 

 

after a 2 minute wait the phone went dead and

 

 

i havent heard anything from them again,

 

 

the court hasnt heard anything either,

 

 

as a result the claim is now stayed.

 

hope that wil help and give you the fighting spirit to deal with these muppets

[dx100uk]

what Pestons is all about

 

 

defendant intimidation

 

 

then they run.

 

 

never ever fall for their tactics

 

 

always defend all.

 

 

dx

[dean64]

Hi Dean64

II had a claim form from restons for a debt that Cabot had purchased,

 

 

I asked for info

 

 

got the usual letter telling me they dont have to give it,

 

 

i filed a defence

 

 

had a letter from Restons telling me my defence was a standard defence comonly found on the internet and it had no chance of success,

they even gave me an option to withdraw my defence,

 

 

of course i didnt,

 

 

then for some reason they phoned, and politely asked me if i was going to withdraw my defence

and send the form off to the court, of which i said

"no i am standing by my defence"

 

 

the lady then said i will pass you to the defence team,

 

 

after a 2 minute wait the phone went dead and

 

 

i havent heard anything from them again,

 

 

the court hasnt heard anything either,

 

 

as a result the claim is now stayed.

 

hope that wil help and give you the fighting spirit to deal with these muppets

 

Thanks, that helps me to know what I am dealing with.

[dean64]

why did you not ack the claim online at mcol?

 

 

dx

 

I posted the ack claim to defend all by post before working out how to do it through MCOL. So in effect have ack claim twice. I ticked "defend all" only both on the form and online.

 

Will this come to bite me later or am I just worrying for nothing? Any help would be greatly appreciated.