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unknown Cabot/mortimer CCJ CITI Debt - set asde ok now new hearing ***Claim Dismissed by Consent***


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Hello,

 

This is my first post on this forum so I hope I have posted into the correct area, apologies if not!

 

I recently received a CC Claim Form and a Judgement for Claimant (in default) after picking up post delivered to my old address.

 

The CC Claim Form was dated August 2014 and the Judgement dated September 2014.

 

I managed to pick up this post at the start of February 2015 having moved address in January 2011.

Until I opened the post I had no idea of what this contained.

 

The Proof of Claim details are:-

 

Claimant - Cabot Financial (UK) Limited, 1 Kings Avenue, Kings Hill, West Malling, Kent, ME19 4UA

 

Address for Sending Documents & Payments - Mortimer Clarke Solicitors, Worthing, West Sussex

 

Particulars of Claim:-

 

"By an agreement between CitiFinancial ("CFE") & the Defendant on or around xx/11/2007 ("the Agreement")

CFE agreed to issue the Defendant with a credit card upon the terms & conditions set out therein

 

In breach of the Agreement the Dedendant failed to make the minimum payments due & the Agreement was terminated.

 

The Agreement was assigned to the Claimant on xx/09/2010. THE CLAIMANT THEREFORE CLAIMS: xxx.xx"

The amount is between £700 & £800.

 

As I did not know of any claim I did not have any chance to defend myself and therefore the Judgement was made on xxth September with additional costs of around £150.

 

I called the Court to request further information and guidance and later checked out this website

and decided to apply to have the CCJ Set-Aside - this cost me around £150 for the service.

 

Before attending Court I received a letter with a draft order from Cabot agreeing to have the Judgement Set Aside

and I attended court earlier this month where the Judge granted this as below:-

 

1. The Judgement against "me" dated "xxth September 2014" be and is hereby set aside

2. The registration entry be cancelled

3. The Defendant shall send to the court and to the claimant fully particularised defence by 3pm xxth April 2015

4. If the Defendant failed to comply with paragraph 3, the claimant shall be at liberty to enter judgement against the Defendant

 

I have submitted a CPR 31.14 Request to Cabot with a copy to the solicitors and also sent a CCA Request to both.

 

Earlier this week I received a letter from Cabot saying that

"they acknowledge receipt of my request under section 77/78 of the Consumer Credit Act 1974,

however it would appear that the address you were writing from differs to the one which is held on our records". "

 

In order for us to provide you with the information you have requested whilst protecting the data of our customers,

I would be most grateful if you would provide by return proof of your address. Acceptable forms are copies of a utility bill or driving licence."

"Upon receipt if this information and provide it matches the details on our records,

we will be happy to provide the information you have requested".

 

How can I provide them with proof of address when I don't live there any longer?

I'm confused as to how this works and concerned that I've not done the right thing!

 

The CCA Request and CPR 31.14 Request was sent by me from my present address with the reference number on the Court Order etc.

 

I've got to put a defence together for the first week of April and

I'm under the impression that a CCA Request provides them with 12 days to respond,

 

this is fine if my original requests are valid or does to recent "address differ"

throw a spanner in the works and reset the time clock again?

 

Can anyone help me please? Do I need to do anything regarding CCA / CPR?

 

Thanks

Simon

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send cabot a copy of your recent ctax bill that will do.

 

 

as for a defence

probably the no paperwork/holding one.

 

 

well done on getting the set aside!

its rare a judge allows that simply on an address issue

whereby you didn't inform your creditors of your new address.

 

 

post 67 here is a brilliant example

 

 

http://www.consumeractiongroup.co.uk...63#post4709963

 

 

OBVIOUSLY you need to ADAPT IT!!

 

 

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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Hi dx

 

Thank you for your reply and link.

 

The council tax bill I have is obviously my current address from 2011 to present day however they have clearly stated in the letter that I must provide a utility bill, drivers licence or something of that type with an address that matches their records which I cannot provide.

 

I completed the paperwork to have the judgement set aside using my current address and all correspondence from the court does not have any issue with communicating with me I can only assume it is a tactic to trip me up with the CCA / CPR requests - would I be correct?

 

Additionally, does the clock start again with the time they have to respond? If so then I'm out of time if the number of days are 12+2 before my papers need to be filed.

 

Thanks

Simon

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well if they haven't sent the CCA by the time you need to respond you still file to that reason.

 

as for the address

I'm sure you are reading it wrongly

 

typically, all you need to do is prove who/where you are NOW

 

I've never heard of a fleecer asking a defendant to prove they were resident at the time of the CCA at that address

 

that's for them to prove NOT YOU!

 

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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  • 3 weeks later...

Hi dx100uk,

 

I need to get my defence in, what do you think to the below?

 

Additionally, I checked back on all my bank records and a made a payment to CitiBank in November 2008, no payment activity since - does this mean SB? If so, does the CCJ from last year count as the CitiBank I'd not of been 6 years clear at the point that dropped the CCJ on me. I've not paid the Cabot ******s anything!

 

[removed defence as out of date] - dx

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issue of claim stopped the sb clock

 

you need to reread the link that dx has provided in post #2

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi theoldrouge,

 

Thank you for the reply. Does the SB clock stop even though I've had the CCJ set-aside?

 

Also, what do you think to the defence I've put forward? I've not mentioned SB in it anyway.

 

When you say post 2 - do you mean post 2 in my thread?

 

Thanks and sorry for all the questions.

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post 2 already points you to a defence you can adapt and use.

 

 

no need to the one from the other site

which is a tad old and not relevant anymore.

 

 

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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the issue of the original claim stopped the sb clock

 

you need to read and adapt, and then post up for checking the defence example that dx provided you with in post no2 of this thread

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi,

 

Thanks for your help. Hows the defence below?

 

Note - The DJ asked for a "fully particularised defence" - I'm not totally sure I can provide anything better without the requested documents - do I need to point this out?

 

Particulars of Claim:-

 

1."By an agreement between CitiFinancial ("CFE") & the Defendant on or around xx/11/2007 ("the Agreement")

CFE agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

2.In breach of the Agreement the Dedendant failed to make the minimum payments due & the Agreement was terminated.

 

3.The Agreement was assigned to the Claimant on xx/09/2010. THE CLAIMANT THEREFORE CLAIMS: xxx.xx"

Defence:

 

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 reason has not been made.

 

1. Paragraph 1 is noted. I have in the past had an agreement with CitiBank Europe Plc but do not recognise the specific account

 

2. Paragraph 2 is denied. I am unaware of any existing outstanding balance or breach nor of ever receiving a termination notice from the original creditor.

 

3. Paragraph 3 is denied. I am not aware I received any Notice of Assignment from the Claimant nor the original creditor.

I have requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14 on the xxth of March 2015 by recorded delivery,

I also sent a copy to the Claimants solicitors by email, as of now both the Claimant and their solicitors have failed to respond with the requested documents.

 

Furthermore a CCA section 78 request was sent to the claimant Cabot, by recorded delivery on the xxth of March 2015, a copy of the information request was also sent via email to the Claimants solicitors, as of now both the Claimant & their solicitors have failed to respond with the requested documents.

 

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, and by a CCA Request, therefore the Claimant is put to strict proof to:

 

i. show how the Defendant has entered into an agreement; and

ii. show how the Defendant has reached the amount claimed for; and

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

 

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

 

6. On the alternative, if 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.

 

7. 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.

 

Thanks

Edited by Andyorch
Particulars added for reference
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looks ok to me

duplicate CCA/CPR removed

 

 

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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Thanks dx.

 

So I now have a fully particularised defence, am I best to add the following to the footer? I'll be emailing it in so I'll not be signing it other than with text (my name).

 

Also, shall I provide copies of the requests made to Cabot and the solicitors as well as a cover letter?

 

Does my defence need to go onto a particular form or just as a Word document converted to PDF?

 

Thanks for all your help.

 

Statement of Truth

 

I, xxxxxxxxxxxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge.

 

SJP

Edited by sjp1976
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It requires a Statement of Truth and you cant email the defence on this occasion...post only or drop it off at your local county court.....copy to claimant.

 

Andy

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

 

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Hello Andy

 

Unfortunately I filed this today before 4pm, I had earlier rang the court, given my reference and said I was submitting - I rang to verify the email address.

 

Does this screw my case up? Shall I submit via hand or post tomorrow after the deadline today?

 

I thought I could submit a "Fully Particularised Defence" via email after reading the guidelines of what can be submitted via email.

 

What can I do now?

 

Thank you Andy.

 

Simon

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Just pop one in the post with the SoT...they have had your initial email on time...should be ok.

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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Thank you Andy, Should I:-

 

1. Write cover letter to explain I did not realise SoT could not be emailed

2. Hand deliver tomorrow or post special delivery which they'd get Thursday - technically two days late

 

Thanks

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Cover letter explaining that your email defence is without a statement of truth...better if you can hand deliver (if near).

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

 

If you want advice on your Topic please PM me a link to your thread

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Thank you Andy

 

I inserted this on the document though:-

 

 

Statement of Truth

 

I, xxxxxxxxxxxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge.

 

SJP

 

 

So simply hand delivering the same to the court seals the requirement? What about the claimant?

 

Thanks

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To the court that has been dealing with your case.....dont worry about the claimants their email will suffice.

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 so much Andy.

 

I'll deliver a cover letter with copies of the documents I sent i.e. Fully Particularised Defence, copy of CCA Request and copy of CPR Request with the cover letter along the lines of:-

 

Claim Ref : xxxxxxxxx

 

Cabot Financial (UK) Limited vs xxxxxxxxxxxxxxxxx

 

Following on from papers filed yesterday which were filed electronically and within the permitted time I also enclose a Statement of Truth herewith.

 

Signed

 

ME

 

This okay?

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Hi Andy,

 

Will this cover letter do the trick?

 

The Court Manager

 

Dear Sir/Madam

 

Claim No: xxxxxxxx

Re: Cabot Financial UK Limited vs xxxxxxxxx

 

Further to papers filed by email on the xxth of April 2015 at nn:nn it has subsequently been highlighted that such papers cannot be submitted with Statement of Truth due to the nature of email delivery to the Court.

 

Please therefore find enclosed true copies of the documentation sent by electronic delivery with Statement of Truth and I respectively ask the Court to consider these as filed within the permitted time of 16:00 on the 7th of April 2015 given my emailed documents were delivered within the timescale provided.

 

Yours faithfully

Edited by sjp1976
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Yes its fine...as I stated yesterday...thought it would have been at court by now:madgrin:

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

 

If you want advice on your Topic please PM me a link to your thread

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Hi Andy,

 

The cover letter and copy of documents were delivered yesterday before 3pm, hopefully they'll accept them as on-time given the electronic delivery was made on-time.

 

I'm guessing from other threads that it is now just a waiting game, the timeline 12+2 has expired on my first request and is set to expire this week if they count the verification of address in this timeline, I've accounted for weekends and bank holidays in this.

 

Thank you Andy and dx for your help.

 

SJP

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  • 2 weeks later...

Hi,

 

A small update on this, I received a letter from Mortimer Clarke solicitors to say:-

 

'We have received your defence.'

 

' We are taking our client's instructions in relation to your defence and will come back to you as soon as we can. In the meantime, we have placed our file on hold.'

 

I assume that they are trying to locate files and put something together to form a case?

 

They have missed the CCA request deadline by weeks!

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pigs will fly they find the correct CCA and the correct T&C's

most citi stuff was shredded years ago.

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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