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cabot/mortimer 2015 claimform - old citi card debt - now lifting stay

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Hi Guys Im new to this

 

I received a court notice from mortimer clarke on behalf of cabot in 2015 regards a cc

 

I filed my defence and sent them the requet for proof of my cca which they did not send me

the court stayed the claim and now 2 years later they have appealed to remove the stay with the court

 

ive just received court papers sending the claim to small claims track

and mortimer clarke has asked the court to complete this without a hearing

 

any help would be much appreciated

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Hi dazz and Welcome to CAG

 

If you could read the following link and the copy and paste the Qs and your responses back here for further advice...we will need a little history and details of the claim to be able to advise on how to deal with their application to lift the stay.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy


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Name of the Claimant ?Cabot

 

Date of issue – 7/05/2017 N244 application to lift the stay

 

What is the claim for – citi finance credit card

 

What is the value of the claim? £3306

 

Is the claim for a current (Overdraft) or credit card /loan or catalogue 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 Purchaser

 

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? I wanted to see my original cca agreement to make sure it was in my name and not me and my ex parters name as she did all the finances

 

What was the date of your last payment? Last payment to the debt purchaser was 25/11/2011

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 planicon? Yes

 

 

 

 

Court papers served to me in 2015

then the court stayed the claim

 

 

in my defence i requested the cca which they did not send me and now they have applied to court to have the stay lifted

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can we have the full POC please

and the text of the defence you filed please as well.

 

 

dx


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wont stand a chance in hell of ever getting an enforceable citi CCA return that's for sure.

they were shredded years ago


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Thanks dx100uk

if they cannot send me the cca dont they stand a chance

 

 

ive got untill 24 may to reply then its going to snmall claim track

 

 

i copied my defence from your site 2 years ago which asked them to provide my cca and i sent them a £1 postal order and they never sent it to me so what happens now

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" i copied my defence from your site 2 years ago which asked them to provide my cca and i sent them a £1 postal order and they never sent it to me so what happens now "

 

Im afraid that does not help us in the slightest dazz...we need to know what you submitted as a defence verbatim......you have retained a copy ?

 

Andy


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Thanks Andyorch

I asked them to provide me with a cca in 2015

they did not provide me with it and they applied to have the claim STAY

and now they have applied for the court to lift the stay which has been granted and its now going through the small claims track below was my defence in 2015.

 

Dear Sir/Madam

[CCA template removed - please read our rules - dx]

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a cca template is not a defence

what did you file to the court via MCOL or the form?

 

 

a claim is auto stayed if the claimant does not respond in time

they cant ask for it to be stayed.

 

 

dx


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Ive tried logging in to MCOL with the defence pack claim number and password

however it will not log me in probably because I last logged in over 2 years ago

 

as i said my defence was asking them for my original cc agreement that was all I put

Ive not put any defence to this stay thats just come through the post though

 

I clicked on the button that said defend all of this claim

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Have you got a copy of the application notice N244 lifting the stay and if so was there a witness statement in support of their application?

 

Or just not ice from the court that its being allocated to track ?


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Thanks Andy Ive got the n244 form here and on the last page where there is three boxes ( the attached witness statement ) box is uncrossed ,( the statement of case ) is uncrossed, (the evidence set out in the box below) is crossed

 

The stay form states if I have 7 days of the service to apply to the court to set aside or to vary the court order part 23 rule 10 and i must set out my reasons for objection.

but 7 days will be tomorrow as I was away when this form arrived

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If you could scan and upload the N244 and the Court Order (suitably redacted)...and we can take it from there.

 

Andy


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thread tidied

if you can click on your upload and see them so can we


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Have they provided the required documents during the 2 years and several months stay ?


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No Ive not recieved any documents within the last 2 years

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Thought as much....

 

What date was on the order and when did the seven days start to set a side or vary the order ?


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Okay you have 2 options.....

 

Option 1 is to complete and file the DQ by 24th May and then await Notice of Allocation and then submit a witness statement to trash their application and inform of how they are misleading the court

 

Option 2 is to make application now (using n244) to set a side this order because the claimant has not provided you with any documentation during the 30 month stay and is misleading the court to lift a stay on a claim that has been stayed for 30 months...but this will cost you £100 without hearing and if the court requires a hearing £255.

 

Andy


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I thought they would of sent my cca within the 12 days required in 2014 when i sent them the request for my cca in my defence

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I thought they would of sent my cca within the 12 days required in 2014 when i sent them the request for my cca in my defence

 

Well bit late for thought......2 options above ..your choice.


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Both options seems the same however ill stick to option 1 and put my witness statement together is it best to accept the mediation

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Not really option 2 stops it in its tracks and costs you a possible £255:wink:

 

Always yes to mediation unless its statue barred or its not your debt.


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Is there still a chance with option 1 Ive missed the deadline which was today

And what chance is there with option 2 and if there is an hearing would i be required to attend as im Disabled

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