Cabot/Weightmans claimform - Old CITI card 'debt'***Claim Discontinued***

[majorblow]

I got a ccj form last week for a debt i owe since 2007. The details are as follows:-

1, the defendant entered into an agreement described by original creditors as Citifinancial credit card and having account no xxxxxxxx.

2, The claimant, a uk limited company is assigned and legal owner of the right previously by the original creditor in respect of the account.

3,The defendant is indebted to the claimant in respect of the acct in sum of £3000.

4, The claimant claim thesaid sum of £3000 plus costs.

 

The claimant is Cabot financial UK and the ccj form was sent from County court business centre, Northampton.

 

The last time i made payment to citi credit card was in Nov 2007. I have never responded to any letter from either Citi or any debt collectors. I am thinking this is a case of limitation Act 1980 which i would want to state in my defence. I haven't returned the acknowledgement of service form yet. Please i need help on how to go about it.

 

Thank you

MJ

[renegadeimp]

If you are sure no payment or written contact was made then you need to defend in full and use the statute barred defence.

 

Be aware Cabot are known to mislead you and will say anything to make you give up. They will even say you made a payment when no payment was made.

Edited June 2, 2015 by citizenB
removed pejorative comments

[silverfox1961]

Hi and welcome to CAG. I have moved your thread to the Financial Legal Issues section as that is where you will get more help.

 

You need do nothing. Purely admin on our part.

 

If this claim form is from Northampton (MCOL) then you can acknowledge the claim online.

[majorblow]

Thanks

I am going to acknowledge online then - where do i go from here? I have seen a couple of draft letter on this forum to claimants requesting further documentation connected to the debt - do i go the same route or is my case different.

 

MJ

[AndyOrch]

If you could read the following and post your responses here...it contains information on how to request information and the process there on....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

[majorblow]

Thanks Andy.

 

 

Name of claimant is cabot.

Date of issue is 22 may 2015

 

1. The defendant entered into an agreement described by original creditors as Citifinancial credit card and having account no xxxxxxxx.

2, The claimant, a uk limited company is assigned and legal owner of the right previously by the original creditor in respect of the account.

3,The defendant is indebted to the claimant in respect of the acct in sum of £3000.

4, The claimant claim the said sum of £3000 plus costs.

Debt is for a credit card.

 

Entered agreement in 2007, but couldn't make repayments cos of loss of job.

 

Claim issued by third party - cabot financial UK.

 

I received numerous letters from debt collectors but i never open them.

 

Not sure if notices were amongst the unopened letters.

 

My records shows the last payment to Citi credit card was in Nov 2007

but maybe i made couples more without having records.

But not within the last 7 yrs.

And i never entered into any commitment with either Citi or Cabot.

 

I have now sent off acknowledgement of service to court today (recorded delivery).

[majorblow]

So do i now send a CCA request to Cabot and a CPR31.14 to their solicitor?

 

Thanks

[dx100uk]

correct

 

 

why did you not use MCOL website to ack the claim?

 

 

dx

[majorblow]

I couldn't log on with my details. Says claim and password incorrect.

[majorblow]

What if i don't get a reply back before 28 days?

Thanks

[dx100uk]

you still file a defence by 4pm 23rd june. [holding/no paperwork]

 

 

on mcol - did you register as an individual first and note the long number

then log in using those created details

 

 

select AOS and wth the details from the claimform ack the claim defend all

leave juris unticked

 

 

it is well know for MCOL to have many many issues.

 

 

dx

[majorblow]

Thanks dx.

 

Done all that, but will try again to log on.

 

There is something a little confusing about the letter to the solicitors - i read on here that one should enclose a £1 postal order. May i ask what this is for and who should it be made out to? Please do excuse my inquisitive questions.

[dx100uk]

that's the CCA request

CPR 31;14 is free goes to the sols

 

 

dx

[majorblow]

Thanks for the clarification.

[majorblow]

I have now read through the CCA request note and i find it most helpful. Does any one have link to a CPR 31;14 sample letter to creditors solicitor please.

 

I really appreciate all the assistance.

[AndyOrch]

All the templates are located in the Forum Library under the respective sections (Green library Tab above top left)

[majorblow]

Thank you, I have now viewed both templates and modify to suit my case. Will double check and post accordingly.

 

 

Thanks again.

[dx100uk]

you do not modify the CCA

[majorblow]

What i mean by modify is adding required details.

 

Thanks for pointing that out.

[majorblow]

Hi

After sending off the CPR and CCA, do I still need to fill a statute bar defence on MCOL or wait till 23rd June.

 

Thanks

[dx100uk]

The other way around

 

If you are sure 100% SB d file the SB defence

 

No requests needed but won't hurt

 

DX

[majorblow]

I am about to post letters (CCA & CPR), am I to sign the CPR or just print my name? I know with the CCA - I don't sign. Please help.

[dx100uk]

have you filed the SB defence ?

 

 

are you going too?

[majorblow]

No, i have not filed the SB defence yet.

 

CPR & CCA letters posted this morning.

 

Since i can't find any record of any payment made by me in the last 7 yrs to either Citi or DCA, i'm thinking filing for SB defence is ideal. Any suggestions please?

 

And what might be the implications if i file for SB now that cca & cpr letters have been sent out?

[dx100uk]

as said filing cca/cpr makes no odds

go on to mcol and file this defence now

 

 

just fill in the two bits needed first

 

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.