Court Claim - Cabot Financial / Citifinancial - 4-10-2015

[JimmyJames]

Received a claim? Yes
Issue Date: 4-10-2015
Amount approx: 8000
Claimant: Cabot Financial
Solicitor: Mortimer Clarke
Original Credit: Citifinancial

Particulars of Claim:
By an agreement between CITIFINANCIAL and the defendant on or around xx/xx/2007 (FYI this was late in the year) (the agreement) CITIFINANCIAL agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due and the Agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims (approx 8 grand).

Stat Barred? Yes

Have sent:

Other Info:
Have ordered statutory reports from Equifax / Experian / Call Credit. I can't see the CITIFINANCIAL debt on there, but in brief I had a load of credit cards, juggled them all about and then finally stopped making any payments on all of them from August 2009. It is certain that the last payment to CITI was the same time. All of them show this, with first missed payment on all of them being September 2009. From reading the forum my understanding is that this makes them statute barred. I have made no other contact / payment / letter / email / call to CITI/Cabot/Mortimer Clarke.

This forum has been extremely useful to follow. I am deliberately logging this before I start responding as I would appreciate having my hand held through the process.

Many thanks.

[FlamingParrot]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

Hi and welcome to LB

I agree that if your last payment was in August 2009, then first missed payment in September and claim issued Oct 2015 then it should be SBd. :whoo:

Even then, it's always a good idea to follow the whole process and request documents prior to filing a defence, if only to get a back-up plan, a PlanB so to speak.

You'll start by acknowledging service and saying you intend to defend the whole claim. Full instructions here: http://www.legalbeagles.info/forums/...313#post499313

Below are the steps to take upon receipt of a claim:

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Any questions just shout. :director:

[FlamingParrot]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

I was under the impression that all Citi cards had been sold to Opus and claims were being issued saying there had been an agreement with Opus, perhaps Cabot have woken up and smelled the coffee....

If the claimant as it appears on the form is Cabot Financial (UK) Limited, you should look at this: http://www.legalbeagles.info/forums/...357#post583357
:music:

[JimmyJames]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

FP, thank you. I won't worry about the Cabot UK angle at this stage. (Address and name is same as on photo of letter in link you posted, but no brackets, FYI.) That can always be kept back for the moment. I'd prefer to fight on only one front initially!

I will do as you suggest re letters and post up when sent.

(I am slightly confused re stature barred date though. For clarity, does this start from when you last paid/contacted or from when you missed the payment. It's obviously cutting it a bit fine. Would prefer 2 months than one month's buffer.)

Anything else I should do in terms of preparation at this stage?

[FlamingParrot]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

I will do as you suggest re letters and post up when sent.

(I am slightly confused re stature barred date though. For clarity, does this start from when you last paid/contacted or from when you missed the payment. It's obviously cutting it a bit fine. Would prefer 2 months than one month's buffer.)

The Limitation Act says it starts from the "cause of action". That wouldn't be your last minimum payment since the creditor would have no way of knowing that you wouldn't be making any more payments, therefore there is no cause of action at this stage. However, if you default and then make reduced or token payments, then it would be when the last payment was made. If your last payment was a minimum payment on your card then they would have had cause of action when you missed your next payment.

If you fancy a bit of reading, you should take a look at http://www.legalbeagles.info/forums/...red#post400620 and http://www.legalbeagles.info/forums/...red#post399097

Anything else I should do in terms of preparation at this stage?

Although the burden of proof is on the claimant, it helps to be prepared. You may want to dig up any statements you may have showing when payments were/weren't made. If you haven't got statements you may need to send a SAR (to the original creditor not Cabot) to obtain them. :thumb:

[JimmyJames]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

Thanks.

Should I also send out a subject access request (to Citifinancial?)? Given how long these seem to take to come through? I will be writing letters and firing off recorded delivery over weekend.

One point. This stuff came from my old address (forwarded via royal mail). Shall I continue to use the old address in order to keep a bit of distance (stuff seems to be reliably forwarded), or update it? Bearing in mind I have a few other bit on the 6yr horizon?

Jim.

[FlamingParrot]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

Thanks.

Should I also send out a subject access request (to Citifinancial?)? Given how long these seem to take to come through? I will be writing letters and firing off recorded delivery over weekend.

Yes, it does take time and they have up to 40 days to respond to a SAR and your defence will be due before that (unless they agree to an extension), however, you can still file your SBd defence and leave it up to them to challenge that fact. Once you file your defence they have 28 days to respond and say whether they wish to proceed with the claim. You then get the directions questionnaires, etc. so it will be well into the New Year when a hearing date is scheduled if it gets that far. If they start arguing that you made payments in the last six years, your statements will come in handy at that stage. :thumb:

Was your Citi card not sold to OPUS?

One point. This stuff came from my old address (forwarded via royal mail). Shall I continue to use the old address in order to keep a bit of distance (stuff seems to be reliably forwarded), or update it? Bearing in mind I have a few other bit on the 6yr horizon?

You are dealing with a claim so there's not much reason to keep a bit of distance. Given how time-sensitive some things can be, it would be better if you received all correspondence on this matter to your own address rather than relying on RM redirection, as good as it may be.

[JimmyJames]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

OK.

I need to submit my defence in the next couple of days.

So far I have heard nothing back from anyone, but all documents have been received in the last 10 days or so according to track and trace on signed for.

What's the normal next course of action?

Thanks as ever.

[nemesis45]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

OK.

I need to submit my defence in the next couple of days.

So far I have heard nothing back from anyone, but all documents have been received in the last 10 days or so according to track and trace on signed for.

What's the normal next course of action?

Thanks as ever.

I've not been involved with your thread so I don't know the story.

You have not had a response to CCA and/ or CPR31.14 requests?
What do you have other than non compliance with CCA request to defend the claim?
Have you done any preparation?

nem

[JimmyJames]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

Thanks for your message.

No, nothing received as yet.

I believe it to be statute barred based on their claim coming approx 6yr2mth from my last payment.

I have written the letters you quote and also an SAR to Citi.

I have done no other prep to date. What would you suggest I should do / should have done so far?

[JimmyJames]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

Any thoughts, please? Many thanks.

[R0b]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

Hi JimmyJames,

So your defence is due by tomorrow correct? If you do a quick search on defence in the search box at the top there are plenty of threads with examples on. Have a go at drafting something and posting up and one of us can take a look.

[Amethyst]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

Thanks R0b - I'm first to admit navigation is a little tricky at times (must try and improve it!) for now though example defence is http://www.legalbeagles.info/forums/...t-Court-Claims - this is just an EXAMPLE so must be edited to suit your own case.

possibly also add ' I contend that the debt is statute barred pursuant to section 5 of the Limitations Act 1980 in that no acknowledgment or payment has been made for in excess of 6 years '

[R0b]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

^ I did see this defence the other day and tried doing quick search now ... couldn't find it

[JimmyJames]

Re: Court Claim - Cabot Financial / Citifinancial - 4-10-2015

Thank you for the posts, much appreciated.

I had previously seen that and it will be the basis of my submission.

I am slightly concerned re the "not done any prep" comment...... what should I have done? Thanks.