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Court Claim - cabot / citi - 24-11-2014

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  • Court Claim - cabot / citi - 24-11-2014

    Received a claim? Yes
    Issue Date: 24-11-2014
    Amount approx: 7033
    Claimant: cabot
    Solicitor: wright hassall
    Original Credit: citi

    Particulars of Claim:
    the claimants claim is for debts arising from consumer credit act 1974 agreements.
    The claimant is an assignee of the following debts,,notice of the assignment having been given to the defendant in writng
    BMI Account 1111111111111
    despite demands for payment the above sums remain due
    the therefore claims the sum 0f 7,033.75 interest under a s69 county courts act 1984 and costs.


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    a company called claret was handling the debt and I Was making regular payments to them. in May 2013 we sent a CCA Request, they returned the £1.00 postal order and said they would contact there client, in January 2014 they said the account has been returned to there client and any further communication would come from them and we would hear nothing further from them.
    At this point I stopped making the £1.00 payment
    On the 23 Oct I received a letter from Wright Hassall solicitors saying they were acting for Cabot. the letter said the debt was assigned to them on the 15-10-14 and the assignor was SAV.
    I wasn't expecting communication from a solicitor to set up a payment plan so I ignored.
    I then recieved the court claim with Cabot as the claimant.
    Which direction do I go now?
    Tags: None

  • #2
    Re: Court Claim - cabot / citi - 24-11-2014

    When was this account opened please?

    Comment


    • #3
      Re: Court Claim - cabot / citi - 24-11-2014

      April 2006

      Comment


      • #4
        Re: Court Claim - cabot / citi - 24-11-2014

        Originally posted by station101 View Post
        April 2006
        My feelings are towards another CCA request to Cabot, and a CPR31.14 request to the solicitors. ( the sols may decline if the claim was issued via the Northampton County Court Business Centre, which does not allow for documents to be attached to the claim).
        It is worth doing and will show that you are well aware of the processes.

        Comment


        • #5
          Re: Court Claim - cabot / citi - 24-11-2014

          Thanks for the reply I've sent of a cca request and cpr314 to the solicitors but like you say I'll also send a cca to Cabot.Thanks

          Comment


          • #6
            Re: Court Claim - cabot / citi - 24-11-2014

            I'm new to forums but can I say that after spending ages reading loads of different threads I would just like to say what a fantastic bunch you lot are in taking the time to help worried people like me with all the advise that you give.
            Problem now is I've read that many with beginnings like mine and final outcomes its easy to get confused with what to do next and how to respond.
            My latest update is that it is now Day 18 since the claim form issue date (24 Nov)
            The solicitors signed for the CCA & CPR314 on the 4th Dec - 7 days ago
            Cabot signed for the CCA also on the 4th December -7 days ago
            Can anyone advise what my next move should be bearing in mind the court will be closed for Christmas when the 33 days expires?

            Comment


            • #7
              Re: Court Claim - cabot / citi - 24-11-2014

              The time scale for the CCA request is 12 + 2 working days, and until it produces a compliant agreement the debt remains unenforceable.

              It seems from post 1 that there is a distinct possibility that the agreement is not " available".

              As long as you have acknowledged service and intent to defend so far.

              On what do intend to rely for defence, " no agreement", no or defective default notice?

              Comment


              • #8
                Re: Court Claim - cabot / citi - 24-11-2014

                Hi Thanks for the reply
                Is the default notice the solicitors letter telling me that in 14 days it goes to court? and if so which part do you think is defective?
                Been trying to figure out who the assignor "SAV "is on the letter and it appears to be that in 2010 BMI was part of CITI which was acquired by OPUS credit cards and OPUS are part of SAV credit Ltd.
                The solicitors letter giving me 14 days notice before going to court is as follows
                " This debt was assigned to our client by the assignor as set out below and you have previously been provided with notice of assignment:"
                Assignor= SAV - Vendor Ref =12345 - Client Ref= 12345 - Assignment Date= 15-10-2014 - Amount =£7033.75
                I Can't find any notice of assignment and certainly not had one around the date stated.

                Comment


                • #9
                  Re: Court Claim - cabot / citi - 24-11-2014

                  I have received a similar response. It does indicate that Wright Hassell don't believe that the CPR rules apply to them.

                  I have received 40 possible days notice from Cabot for a CCA. Obviously they don't think that the law the applies to them.

                  Wright Hassell attempts to portray itself as a "ethical solicitor" perhaps a few "Sun" articles might prick that bubble.

                  Comment


                  • #10
                    Re: Court Claim - cabot / citi - 24-11-2014

                    Originally posted by station101 View Post
                    Hi Thanks for the reply
                    Is the default notice the solicitors letter telling me that in 14 days it goes to court? and if so which part do you think is defective?
                    No, what you describe would be the letter before action or letter of claim. The default notice would have been issued by the original lender a few months after you first missed a contractual payment.

                    Many DNs are defective because they either don't give you enough time to remedy the breach or the amount quoted is incorrect, for example, demanding the full balance rather than the arrears.
                    Originally posted by station101 View Post
                    Been trying to figure out who the assignor "SAV "is on the letter and it appears to be that in 2010 BMI was part of CITI which was acquired by OPUS credit cards and OPUS are part of SAV credit Ltd.
                    The solicitors letter giving me 14 days notice before going to court is as follows
                    " This debt was assigned to our client by the assignor as set out below and you have previously been provided with notice of assignment:"
                    Assignor= SAV - Vendor Ref =12345 - Client Ref= 12345 - Assignment Date= 15-10-2014 - Amount =£7033.75
                    I Can't find any notice of assignment and certainly not had one around the date stated.
                    The notice of assignment would refer to when the account was sold to Cabot, not when Opus took over the Citi cards.

                    Comment


                    • #11
                      Re: Court Claim - cabot / citi - 24-11-2014

                      Originally posted by spirit2534 View Post
                      I have received a similar response. It does indicate that Wright Hassell don't believe that the CPR rules apply to them.
                      Neither do most of the other solicitors who issue money claims. Their letters before action (if they send them at all) are never compliant with the pre-action conduct and they never have any documents to back up their claim to start with. :mad2: :mad2:

                      Originally posted by spirit2534 View Post
                      I have received 40 possible days notice from Cabot for a CCA. Obviously they don't think that the law the applies to them.
                      That's a template letter they are sending to everyone who sends a CCA request to them. Sounds like some badly trained monkey at Cr@pbot HQ got the timescales mixed up, it's 40 days for a SAR, 14 for a CCA request! Idiots! :rant: :rant: :rant:

                      Originally posted by spirit2534 View Post
                      Wright Hassell attempts to portray itself as a "ethical solicitor" perhaps a few "Sun" articles might prick that bubble.
                      QUE? Are you serious? Where?

                      Comment


                      • #12
                        Re: Court Claim - cabot / citi - 24-11-2014

                        Is there anything to be lost by copying correspento the solicitors to both the Sun or to local newspapers?

                        Comment


                        • #13
                          Re: Court Claim - cabot / citi - 24-11-2014

                          Originally posted by spirit2534 View Post
                          Is there anything to be lost by copying correspento the solicitors to both the Sun or to local newspapers?
                          I think you should sort out the claim first, once that's done and dusted you can think about it. mashappy:

                          Comment


                          • #14
                            Re: Court Claim - cabot / citi - 24-11-2014

                            Now on day 18 of 28 & heard nothing as yet from solicitors with regards cpr314 (they signed for request 12 days ago)
                            Have now received letter from Cabot saying they don't have the information on file but have requested from original lender and anticipate being able to provide within 40 DAYS.
                            Any suggestions of what to do next would be really helpful.

                            Comment


                            • #15
                              Re: Court Claim - cabot / citi - 24-11-2014

                              Cabots 40 day crap again a CCA request has a statutory time scale of 12+2 working days failure to comply means that the debt is unenforceable until an agreement or valid recon is produced.

                              Personally I would wack in a Formal Complaint top Ken Stannard CEO of Cabot and send a copy of Cabots letter and your complaint to the FCA for information.

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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