Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

[Diggs]

Received a claim? Yes
Issue Date: 24-11-2014
Amount approx: £13000 including costs
Claimant: Cabot
Solicitor:
Original Credit: Yorkshire bank credit card

Particulars of Claim:


Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
This is the second time I have recieved a claim for the cc account , Yorkshire bank failed to produce a cca request of any kind , when the first court claim came I sent a cpr request to Jeremy sutcliffe and the claim was put on hold , then a hear later was sold on to Cabot who I ignored , they passed it around a to a few other dca before using Wright hassall .
The original default was about 4 years ago .
Can somebody please help me with my reply for my defense , My cca and cpr requests were sent on Monday , I'm off on holiday on Monday for 3 weeks so if possible I'd like to submit my defense before I leave .

Thanks for any help

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Any help would be much appreciated

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Morning Diggs, Sorry we've overlooked your post.

This is the second time I have recieved a claim for the cc account , Yorkshire bank failed to produce a cca request of any kind , when the first court claim came I sent a cpr request to Jeremy sutcliffe and the claim was put on hold , then a hear later was sold on to Cabot who I ignored , they passed it around a to a few other dca before using Wright hassall .

Is the original claim still on hold - You should telephone the court - presumably Northampton, and ask them, explain you have another claim on the same debt from a different DCA and want to check if the original claim is still in the system or if it got struck out. They might say to write to the Judge.

I'm just going to get a link to another thread which will help you with defence.

http://www.legalbeagles.info/forums/...293#post499293

3: The claimants do not appear to have sought permission from the court to bring this claim as required under CPR 38.7 A claim (numbered xxxxxxxxx ) based on the same cause of action was discontinued by the Claimant in MAY 2013 following submission of my defence. The claimant had failed to produce any documentation in evidence of their claim.

4: The previous claim was for the sum £6647.01 “due under the Agreement” plus an unspecified amount of interest “as the court thinks just”. This exactly matches the amount claimed in the current Particulars of Claim, although the claimant now claims interest in the amount of £2733.14
Claim No.xxxxxxxxx

5: The previous claim refers to an agreement with Barclays Bank Plc T/A Barclaycard. Barclays acquired the entire Egg credit card portfolio in 2011 and it is averred that the previous claim is referring to the same agreement as is referenced in this claim.

My cca and cpr requests were sent on Monday
Ace, use the lack of CCA as well, default notice etc.


Damn, just realised you're on hols on Monday so might not be able to ring the court. If you have the original claim number etc add that into the defence.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Hi and thanks for the reply

from what I can remember the claim was put on hold only , then had a couple of letters asking me to call about a lower settlement figure , after a year or more it was passed on to Cabot , I'm going to see if I can find the old mail , I work away a lot hence not having them to hand .
many thanks
chris

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

If the original is still in the system then this new claim should just be kicked out. If the original has been kicked out already then this new claim should still be kicked out as they haven't asked the permission of the court to bring it again. Really do need to speak with the court Monday if you can.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

I'll do that as I'm not flying till late , I have found the original claim from feb 2011 but can't log into it for some reason , the last letter I recieved from the original claim said they were placing the matter on hold for 2 months , I can't remember getting anything from the court after this though .

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

I have just talked to the court and they have told me the original claim was stayed , what action do I take now .

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Okay so the original claim is still active ( stayed just means on hold in the court system so it is still a live claim ) that means another claim on the same cause of action can not be bought thus the new claim should be struck out as an abuse of process.

As you have time constraints I would simply put in a defence stating exactly that - give the claim number of the other claim.

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

http://www.legalbeagles.info/forums/...027#post429027

basically something simple like;

The cause of action is the same as in Claim XXXXX (original claim number) and is currently stayed within the County Court and as such this Claim should be struck out as an abuse of process

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Thank you amethyst , your an angel ��

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Once you put that in you should be fine for your 3 week break without any problems. Have a lovely Christmas and let us know when you get back if you have heard anything back from court or claimant.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Thank you and I'll be sure to do that .

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

hi all
while i have been away working i received a letter from the court , notice of proposed allocation to the fast track , it was sent on the 7th january and i have until the 9th of february to reply .
ill post up copies shortly.
regards
chris

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Well that was fine on the timings So is it the N181 directions questionnaire ?

We'll put on that that this claim is a duplicate and already in the system.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014





they have sent this to fill in