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

[station101]

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

Hi all Not recieved reply from Wright Hassall with regards CCA request so today emailed asking for an extension but again got no reply.
Getting close to deadline now so any ideas of next step.
Do i file a defence on the basis of not recieving any info or is there another line to go down 1st.

[station101]

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

After Reading some threads I am intending to put in a defence set out as below anybody able to have a look at it and let me know if its ok or any suggestions??asap as time is short ,thanks

I received the claim xxxxx from the Northampton County Court on 24^th November 2014.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for an agreement regulated under the Consumer Credit Act 1974 between BMI and myself.

4. I do not recognise BMI as a company who I have entered into any agreement with. I understand Bmi issue Credit Cards.

5. The particulars of claim fail to state when the agreement was entered into nor give any further information about the alleged agreement to enable me to properly assess any liability to the Claimant.

6.The Claimants statement of case states that Cabot Financial UK Limited is an Assignee of the debt and notice of the assignment has been given to the Defendant in writing. No date is given in the statement of case for when the Notice of Assignment is alleged to have been sent. I do not recall receiving notice of this assignment.

7.It is denied that Bmi served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8.On the 2nd December 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Wright Hassall. I requested the Claimant provide copies of the Agreement, Notice of Assignment and statement of account.

9.On the 18^th December 2014 I emailed Wright Hassall requesting an extension of 28 days so as to enable me to make an informed decision in defending the claimas allowed under CPR 15.5.

10.Wright Hassall did not acknowledged my extension request and failed to send me any of the requested documents.

11.On the 2nd December 2014 I sent a formal request for a copy of the original agreement to Cabot Financial UK Limited pursuant to sections 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

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

Hiya xx Now you have asked for an extension and had no response then yes you should put in your defence. Defence sounds good - just check you use BMI all the way through rather than Bmi etc and have added a little to explain who Wright Hassall are as felt that wasn't clear. But I'd say that is fine to go. Should give you a couple weeks before you need to do anything else with the claim so should be able to relax a bit over Christmas. Just let us know if you suddenly receive a CCA or any documents.


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I received the claim xxxxx from the Northampton County Court on 24^th November 2014.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for an agreement regulated under the Consumer Credit Act 1974 between BMI and myself.

4. I do not recognise BMI as a company who I have entered into any agreement with. I understand BMI issue Credit Cards.

5. The particulars of claim fail to state when the agreement was entered into nor give any further information about the alleged agreement to enable me to properly assess any liability to the Claimant.

6.The Claimants statement of case states that Cabot Financial UK Limited is an Assignee of the debt and notice of the assignment has been given to the Defendant in writing. No date is given in the statement of case for when the Notice of Assignment is alleged to have been sent. I do not recall receiving notice of this assignment.

7.It is denied that BMI served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8.On the 2nd December 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to the solicitors Wright Hassall who are acting for the Claimant. I requested the Claimant provide copies of the Agreement, Notice of Assignment and a Statement of account.

9.On the 18^th December 2014 I emailed Wright Hassall requesting an extension of 28 days so as to enable me to make an informed decision in defending the claim as allowed under CPR 15.5.

10.Wright Hassall did not acknowledged my extension request and failed to send me any of the requested documents.

11.On the 2nd December 2014 I sent a formal request for a copy of the original agreement to Cabot Financial UK Limited pursuant to sections 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth The Defendant believes that the facts stated in this Defence are true.

[station101]

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

Thanks for getting back so quick,, I'll amend and send off and have a nice christmasmasred: