Court Claim - Cabot Financial / Citi Bank - 24-11-2014

[Leese]

Received a claim? Yes
Issue Date: 24-11-2014
Amount approx: 2264.00
Claimant: Cabot Financial
Solicitor: Drydensfairfax
Original Credit: Citi Bank

Particulars of Claim:
the claimant's claim is for the sum of £2264.80 under an agreement regulated by the consumer credit act 1974, between the defendant and opus credit card. account number xxxxxxxxxxxx and assign to the claimant on 28/09/2011, notice of which has been provided to the defendant. the defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. and the claimant claims the sums of 2264.80 together with costs.

Stat Barred? No

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

Other Info:
I sent the above letters on the 28/11/2014 by recorded delivery and to date have not heard a thing. what do I do next?

[nemesis45]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

Hi,
Did you state you intended to defend the claim?
Did you receive an NOA?
Did you receive a Default Notice from Citi?
Is there anything with which to defend the claim?

[FlamingParrot]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

Particulars of Claim:
the claimant's claim is for the sum of £2264.80 under an agreement regulated by the consumer credit act 1974, between the defendant and opus credit card. account number xxxxxxxxxxxx and assign to the claimant on 28/09/2011, notice of which has been provided to the defendant. the defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. and the claimant claims the sums of 2264.80 together with costs.

Stat Barred? No

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

Other Info:
I sent the above letters on the 28/11/2014 by recorded delivery and to date have not heard a thing. what do I do next?

They have 14 working days to respond to the CCA request so that one's not due yet (just 10 working days so far), in any case, you shouldn't chase the CCA request as non compliance can be used in your defence.

As for the CPR 31.14 request, they should have responded in 7 days so you should chase Drydens. You may want to give them a call and tell them that, as you are awaiting info from them, would they kindly agree to a 28 day extension to file your defence which is the maximum allowed under CPR 15.5. They can state their agreement on an email so you can forward it to the court. :typing:

[Leese]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

Thank-you so much for replying sorry for the delay, I thought I would receive an email to state somebody had replied. I have just spoken to the solx and they advised they would only extend until 16th January (that's 28 days from today) but I assume they should be giving me 28 days from the 27th December as this is the 33 days from court issue date (24/11/2014) I also asked for email to confirm but 2 hours have passed and this hasn't been done. I have emailed them stating it should be 28 days from 27th December 2014, but had no reply. Any suggestions would be greatly received, they don't appear to know what they are doing as I have had to explain the processes above and they kept saying I have already extended by stating I will defend...arghhhh x

[spirit2534]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

Hi

Who are the solicitors?

I have had claim from Cabot with Wright Hassell as solicitors?

You first need to have filed a AOS (Acknowledgement of Service, I suspect that you might be out of time for that. But since they have agreed until 16th January that is OK
Have you served CPR notice for document on the Particulars of Claim to the Solicitors?
Have you served CCA notice on Cabot, failure to receive either should form part of your defence.

My experience is that Cabot are requesting documents from CitiFinancial; Solicitors are seeking documents from Cabot.

Others more experienced may like to comment.

[spirit2534]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

Sorry didn't notice other posts!

[Leese]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

Do I now need to submit the defence? I still haven't received confirmation that I can have an additional 28 days as per my telephone request for extension under 15.5. Thanks

[Leese]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

No worries thanks for replying anyway.

[Amethyst]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

No worries thanks for replying anyway.

I would inform the court of the claimants agreement to the extension to the 16th of January and give yourself those extra couple weeks to put a defence together. 28 days is the maximum, so that it is a ittle less doesn't really matter, just gives them less time to produce documents. So send court an email about the extension ( see in the library for an example) to the 16th and then relax over Christmas and sort your defence out first couple weeks of Jan 2015 xx

[Leese]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

I would inform the court of the claimants agreement to the extension to the 16th of January and give yourself those extra couple weeks to put a defence together. 28 days is the maximum, so that it is a ittle less doesn't really matter, just gives them less time to produce documents. So send court an email about the extension ( see in the library for an example) to the 16th and then relax over Christmas and sort your defence out first couple weeks of Jan 2015 xx

Thank-you the only problem is I cant get them to confirm in writing, the advisor keeps saying its on hold, however they say their legal team are too busy to confirm in writing. I have just phoned them again and they have said the same thing x

[Amethyst]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

Ahhhh, you wouldn't think it would take much to send you an email to say they wouldn't go for default judgment until after 16th Jan. grrrrr, so we best get a defence in just in case they are playing silly beggars.

Ok, so we still have no documents so its there loss really, they look even more unreasonable to the court. There's an example defence here http://www.legalbeagles.info/forums/...t-Court-Claims to get you started

[Leese]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

Ahhhh, you wouldn't think it would take much to send you an email to say they wouldn't go for default judgment until after 16th Jan. grrrrr, so we best get a defence in just in case they are playing silly beggars.

Ok, so we still have no documents so its there loss really, they look even more unreasonable to the court. There's an example defence here http://www.legalbeagles.info/forums/...t-Court-Claims to get you started

I know its crazy! I think they are hoping for a default CCJ, the link is great thank-you! Just to clarify do I need to attach copies of letters sent or proof of postage at this point? thanks again

[Amethyst]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

If you are going to file the defence via MCOL then no don't include the exhibits, it you are doing it on paper ( or print to PDF and email ) then yes you can do.

[Leese]

Re: Court Claim - Cabot Financial / Citi Bank - 24-11-2014

If you are going to file the defence via MCOL then no don't include the exhibits, it you are doing it on paper ( or print to PDF and email ) then yes you can do.

Perfect, thank-you ever so much!