Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

[dazarich]

hi there.
firstly I have read all the related threads but seem to have got lost in all the complicated details of what others are doing on here. I am exrtremely axious about a court letter I had which after reading advise on here I responded to by filling in the online acknowledgment and stated I wish to defend myself in full. I then sent the first letter (CPR 31.14) off to the claimant (cabot) and the claimant's solicitors (Restons) and the response was that they are not obliged to give me any documents relating to my debt. they also stated

" The requirement in paragraph 7.3 of practice Direction 16 for documents to be attached to the particulars of contract claim does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

Are they saying I applied for a loan online? I very much doubt I applied for any loan online in 2000 as I had no access to a computer at this time.

They then go on to question my £1 postal order I sent them with the letter to cover the cost of sending me my documents I asked for. Asking me if it represents a payment towards my account or if it relates to a statutory fee.

What is my next step and what should I tell the courts? this is all very messy and confusing and im losing the will to live. Your help would be very much appreciated.

[dazarich]

Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

Received a claim? Yes
Issue Date: 14-10-2014
Amount approx: £3371.54
Claimant: Citifinancial
Solicitor: Restons
Original Credit: Cabot financial limited

Particulars of Claim:
The claimant payment of the overdue balance due from the Defendant(s) under a contract between the Defentant(s) and CitiFinancial dated 18/04/2000 and assigned to the claimant on 02/09/2010 in the sum of £3371.54
PARTICULARS a/c no:-0004508310732906161
DATE ITEM VALUE
19/09/2014 Default Balance 3371.54
Post Refrl Cr NIL
TOTAL 3371.54

Stat Barred? Yes

Have sent: Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I cannot find out if the debt is statute barred or not as I don't have any of the paper work. Restons solicitors will not send me any information regarding my account so cannot say when my last payment was to CitiFinancial or Cabot. My defence however is that it is statute barred as I am pretty certain it has been more than 6 years when I last made contact or made a payment.
I also moved to a different address 5.5 years ago.

[Amethyst]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

Hiya and Welcome

Statute Barred defences are quite tricky particularly when you aren't 100% certain of its stat barrededness.

The CCA request and their failure to send you any information will be a very good back up defence. So you have another couple weeks before you need to put in a defence, so at the moment it is a case of waiting to see if they send you anything and maybe start preparing your defence using the example given in the library.

Cabot do usually reply saying they will take 40 days to get documents.

[Amethyst]

Re: next steps!

Hi Darran

Don't lose hope It can be confusing I know.

The letter you have received from Restons is standard fayre from them I'm afraid.

Because they entered their claim against you through Northampton bulk centre they are saying they don't have to give you any documents.which is correct, partially, but no it has nothing to do with your original application for the loan.


The £1 postal order should have gone with the CCA request rather than the CPR request - did you send a CCA request ? If you sent the £1 with the CPR request then you will need to tell them it is to cover their copying cost and NOT to be used against the account.

I think I just spotted you have started a thread with the background on so will merge them together so we're all in one place. Try keep all posts relating to this court claim on this one thread as that will help us to help you xx

[dazarich]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

Hi thank you for your help.
I have actually posted another thread with more details but finding the forum threads a little tricky. Here is the other post copy and pasted.......
hi there. firstly I have read all the related threads but seem to have got lost in all the complicated details of what others are doing on here. I am exrtremely axious about a court letter I had which after reading advise on here I responded to by filling in the online acknowledgment and stated I wish to defend myself in full. I then sent the first letter (CPR 31.14) off to the claimant (cabot) and the claimant's solicitors (Restons) and the response was that they are not obliged to give me any documents relating to my debt. they also stated

" The requirement in paragraph 7.3 of practice Direction 16 for documents to be attached to the particulars of contract claim does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

Are they saying I applied for a loan online? I very much doubt I applied for any loan online in 2000 as I had no access to a computer at this time.

They then go on to question my £1 postal order I sent them with the letter to cover the cost of sending me my documents I asked for. Asking me if it represents a payment towards my account or if it relates to a statutory fee.

What is my next step and what should I tell the courts? this is all very messy and confusing and im losing the will to live. Your help would be very much appreciated
Thank you.

[dazarich]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

Oh dear im not getting this forum right sorry
thank you for your reply.
I sent CPR 31.14 Request for inspection of documents disclosed in SOC and sent this to Restons and a similar letter template I got from this site to Cabot asking them to supply me with a copy of my consumer credit agreement as my entitlement under section 77-79 of the consumer credit act 1974.
both had a £1 postal order attached. Have I sent the wrong letter to the wrong people? I don't understand how im not entitled to a copy of my agreement and how I am supposed to defend myself in court without any evidence. Can they seriously take me to court without any documentation relating to this debt. Oh im in a pickle about this. Thank you

[Amethyst]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

It's okay, we're sorted now. xx Don't be in a pickle.

All you have done is attached a £1 postal order to the CPR request AS WELL as the CCA request.

Write a brief letter to Restons in response, saying thank you for their letter, and stating that they may use that £1 postal order to cover this bit of your CPR request '' In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. '' and that it is NOT to be used to make any payment towards the alleged account. You can inform them that you have sent a CCA request to Cabot, at the same time if you like.

The reply you had from Restons is in relation to the CPR request and is quite standard so don't worry about that. The CCA request to Cabot is the main one and you got that right okay - they will reply saying they have to ask the original creditor for it and it will take them 40 days.

They DO have to produce the credit agreement for them to be able to enforce the debt (ie get a CCJ).

[dazarich]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

Many thanks for your speedy help. I will write a letter stating what you said and send it to Restons. Its good to know I got something right with regards to the letter to Cabot however I have not heard from them as yet and wondered how long I have for the court hearing, as there is no date given on the claim form. Shall I write to them also to let them know what im doing?
Many thanks

[Amethyst]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

Your claim was issued on Issue Date: 14-10-2014 so as you have acknowledged the claim you will have to about 14th November to sort out your defence.

The hearing wouldn't be for a good couple months after that, IF it goes that far.

[Wombats]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

subbing - Don't worry dazarich, subbing just means I'm interested in this issue, so want to follow developments. I'll get notified of replies now.

Fingers crossed here for you - you've got it spot on so far!

[dazarich]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

Hi there. I have wrote a brief letter over a week ago to Restons explaining that the postal order was for costs of copying the documents and for postage but have not heard anything from either Cabot or Restons. Should I now post them the next letter template? I forgotten which one it is and do I send the same letter to Cabot aswell as Restons? Also do I have to tell the court now that they are not complying with giving me my documents to support my defence? as time is now running out.
Many thanks Daz

[Amethyst]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

Ok as we're 2 days from when your defence is due in, you need to telephone or email the claimants and ask them to agree to an extension to the date for filing your defence - see http://www.legalbeagles.info/forums/...filing-defence

and start sorting out a defence in case they refuse - here's a starting point http://www.legalbeagles.info/forums/...t-Court-Claims

[dazarich]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

thanks very much ill get on to it now and send them via email. I have now lost the court order so I don't know if the claimant is Cabot or Restons, which one is it? im sure ill find it im so clumsy lol. Thanks

[dazarich]

Re: Court Claim - Citifinancial / Cabot financial limited - 14-10-2014

sorry I have now found my court order so alls good. what I don't understand in the email I send to the court is that I am telling them Restons have agreed to an extension when they have not. also I am supposed to have a date to when the hearing is extended to and I have no idea if I (a) have an extension or(b) what the date the extension is. do I wait for a reply from Restons first? They don't have a direct email address it an online enquiry form which I have filled out using the copy and past from your example (edited). I don't like the online forms as there is no proof you contacted them.