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Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

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  • Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

    Received a claim? Yes
    Issue Date: 24-11-2014
    Amount approx: £13000 including costs
    Claimant: Cabot
    Solicitor:
    Original Credit: Yorkshire bank credit card

    Particulars of Claim:


    Stat Barred? No

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

    Other Info:
    This is the second time I have recieved a claim for the cc account , Yorkshire bank failed to produce a cca request of any kind , when the first court claim came I sent a cpr request to Jeremy sutcliffe and the claim was put on hold , then a hear later was sold on to Cabot who I ignored , they passed it around a to a few other dca before using Wright hassall .
    The original default was about 4 years ago .
    Can somebody please help me with my reply for my defense , My cca and cpr requests were sent on Monday , I'm off on holiday on Monday for 3 weeks so if possible I'd like to submit my defense before I leave .

    Thanks for any help
    Tags: None

  • #2
    Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

    Any help would be much appreciated

    Comment


    • #3
      Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

      Morning Diggs, Sorry we've overlooked your post.

      This is the second time I have recieved a claim for the cc account , Yorkshire bank failed to produce a cca request of any kind , when the first court claim came I sent a cpr request to Jeremy sutcliffe and the claim was put on hold , then a hear later was sold on to Cabot who I ignored , they passed it around a to a few other dca before using Wright hassall .

      Is the original claim still on hold - You should telephone the court - presumably Northampton, and ask them, explain you have another claim on the same debt from a different DCA and want to check if the original claim is still in the system or if it got struck out. They might say to write to the Judge.

      I'm just going to get a link to another thread which will help you with defence.

      http://www.legalbeagles.info/forums/...293#post499293

      3: The claimants do not appear to have sought permission from the court to bring this claim as required under CPR 38.7 A claim (numbered xxxxxxxxx ) based on the same cause of action was discontinued by the Claimant in MAY 2013 following submission of my defence. The claimant had failed to produce any documentation in evidence of their claim.

      4: The previous claim was for the sum £6647.01 “due under the Agreement” plus an unspecified amount of interest “as the court thinks just”. This exactly matches the amount claimed in the current Particulars of Claim, although the claimant now claims interest in the amount of £2733.14
      Claim No.xxxxxxxxx

      5: The previous claim refers to an agreement with Barclays Bank Plc T/A Barclaycard. Barclays acquired the entire Egg credit card portfolio in 2011 and it is averred that the previous claim is referring to the same agreement as is referenced in this claim.

      My cca and cpr requests were sent on Monday
      Ace, use the lack of CCA as well, default notice etc.


      Damn, just realised you're on hols on Monday so might not be able to ring the court. If you have the original claim number etc add that into the defence.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

        Hi and thanks for the reply

        from what I can remember the claim was put on hold only , then had a couple of letters asking me to call about a lower settlement figure , after a year or more it was passed on to Cabot , I'm going to see if I can find the old mail , I work away a lot hence not having them to hand .
        many thanks
        chris

        Comment


        • #5
          Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

          If the original is still in the system then this new claim should just be kicked out. If the original has been kicked out already then this new claim should still be kicked out as they haven't asked the permission of the court to bring it again. Really do need to speak with the court Monday if you can.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

            I'll do that as I'm not flying till late , I have found the original claim from feb 2011 but can't log into it for some reason , the last letter I recieved from the original claim said they were placing the matter on hold for 2 months , I can't remember getting anything from the court after this though .

            Comment


            • #7
              Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

              I have just talked to the court and they have told me the original claim was stayed , what action do I take now .

              Comment


              • #8
                Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

                Okay so the original claim is still active ( stayed just means on hold in the court system so it is still a live claim ) that means another claim on the same cause of action can not be bought thus the new claim should be struck out as an abuse of process.

                As you have time constraints I would simply put in a defence stating exactly that - give the claim number of the other claim.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

                  http://www.legalbeagles.info/forums/...027#post429027

                  basically something simple like;

                  The cause of action is the same as in Claim XXXXX (original claim number) and is currently stayed within the County Court and as such this Claim should be struck out as an abuse of process
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

                    Thank you amethyst , your an angel ��

                    Comment


                    • #11
                      Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

                      Once you put that in you should be fine for your 3 week break without any problems. Have a lovely Christmas and let us know when you get back if you have heard anything back from court or claimant.
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

                        Thank you and I'll be sure to do that .

                        Comment


                        • #13
                          Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

                          hi all
                          while i have been away working i received a letter from the court , notice of proposed allocation to the fast track , it was sent on the 7th january and i have until the 9th of february to reply .
                          ill post up copies shortly.
                          regards
                          chris

                          Comment


                          • #14
                            Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

                            Well that was fine on the timings So is it the N181 directions questionnaire ?

                            We'll put on that that this claim is a duplicate and already in the system.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014





                              they have sent this to fill in

                              Comment

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                              SHORTCUTS


                              First Steps
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                              Income/Expenditure
                              Acknowledge Claim
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                              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 ...
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