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


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wont harm you.

 

 

did you copy the claimform before you sent it back

 

 

and you did sent it to the court not the sols?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Hi dx

 

No, I did not copy the form.

 

I sent the ack form only directly to the court address on the claim form by 1st class recorded delivery. The claim form and admissiion form I still have.

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as it stands, the no paperwork/holding will do

 

 

in many threads here but WAIT till the last day.

 

 

May I ask why it is better to wait until the very last day? Is there a technical advantage i.e. to deny claimant time for replying to defence?

 

Any help would be appreciated.

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No real advantage apart from it allows you time if needed to research/request information...but if you are ready to submit...then you can submit anytime after acknowledgment.

 

Andy

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post your defence here first mind!

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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After looking at many threads on here about Pestons

 

 

they usually reply to the CPR 31.14 request with the standard "no signature", sign and resend response.

 

 

I wondered if it is better just to ignore and count it as non compliance.

 

 

Or, would it be better to resend with a not normal signature.

 

 

I have searched numerous threads on here but am still unable to find which is the best way forward.

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there have been no instances of rectums lifting sigs to my memory.

 

 

use a diff sig no harm

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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My debt is due to be statute barred next year and hence my alleged debt owners action now.

 

 

Please correct me if I am wrong but,

I understand that if a court claim is issued the statute barred clock stops.

The clock resets to zero only if a ccj is obtained.

 

The clock continues from where it left off if the claim is stayed, struck out or discontinued.

Thus, it is still statute barred 6 years from the last payment as if the claim never took place.

 

I have searched many threads on here but am unable find a definitive answer.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Received a "no signature" reply letter from Restons 3 days ago.

 

 

I immediately sent them another CPR 31.14 request with a not normal signature on a security background.

 

 

Today received their "We acknowledge receipt" letter.

 

 

Exactly the same gibberish responses received on other threads such as:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?438796-Cabot-Restons-claimform-Halifax-OD-debt-(2-Viewing)-nbsp&p=4673762#post4673762

http://www.consumeractiongroup.co.uk/forum/showthread.php?438687-Claimform-Cabot-Restons-LLoyds-Credit-Card&p=4673822#post4673822

 

Still no response to my CCA request. If no reply by Friday 16th Jan. they will be in default. So should be ready to file defence anytime after then.

Edited by dean64
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4 pm Friday 23rd.

 

 

no need to file before then

with the no paperwork/holding defence on many threads here.

 

 

but post it up first

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Hi everybody. I have received a bog standard response to my CCA request today. Stating "we will be able to provide this information withing 40 days.

 

So I wish to file my defence shortly and have been researching other similar threads thoroughly.

 

I am not sure if this is the correct wording especially with point No. 2. Thought about putting

2. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('a contract') the Claimant has yet to disclose any Agreement.
. Does this depend on whether payments were made?

 

If someone could advise I would greatly appreciate it.

 

Particulars of Claim

 

1. 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.

2. Assigned to the Claimant on May 30 2006 in the sum of 54XX

3. Particulars a/c no XXXXXXXXXXXXXXXX

28/11/2014, Default Balance: 54XX, Post Refrl Cr NIL, Total: 54XX

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.Paragraph 1 is denied with regards to an amount due under an agreement referred to in the Particulars of Claim ('a contract'). .The claimant has yet to provide a copy of the agreement as per my section 78 and is and remains in default of said request.

 

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in 2006 or any other year from either the Claimant or Citifinancial .*

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based.

 

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

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the*consumer credit*Act 1974.

 

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

Edited by Andyorch
Point 2 edited
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Check it now dean refresh your page

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Thanks Andy.

 

So is that it. Do you think it is good enough to go?

 

I will wait until after CCA request is in default (Friday 16th) just to make sure nothing else turns up.

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there no real reason to file a week early

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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there no real reason to file a week early

dx

 

Yes, I know but thought I would prepare the defence in advance ready to file next week as might be too busy then. I have had acknowledgements to my CCA request and 31.14. Going by other threads that is the end of it until I file my defence.

 

Unless I hear anything else is this defence ready to file as it stands?

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its great

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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I have been comparing my defence with other threads in the forum and thought that I maybe should replace point No.2 with the following:

 

2. Paragraph 1 is denied with regards to an amount due under an agreement referred to in the Particulars of Claim ('a contract'). The Claimant/Solicitor has failed to disclose any agreement or statements on which its claim relies upon.

 

I am more happy with this but unsure.

 

Please, if you could help Andyorch or anybody.

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pers I'd leave it well alone.

 

 

you need to always specifically mention section 78 [where relevant to a claim] and their failure to respond

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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