Court Claim - CABOT FINANCIAL / CITIFINANCIAL - 5-3-2015

[missuzc]

Received a claim? Yes
Issue Date: 5-3-2015
Amount approx: 800
Claimant: CABOT FINANCIAL
Solicitor: SHOOSMITHS LLP
Original Credit: CITIFINANCIAL

Particulars of Claim:
1. The claimant claims the sum of 800 being monies due from the defendant to the claimant under a regulated agreement between the defendant and CITIFINANCIAL (xxxxxxxx) and assigned to the claimant on 14/07/2010, notice of which has been provided to the defendant.

2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.

3. The claimant claims the sum of 800 and costs

4. The claimant has complied, as far as is neccessary, with the pre-action conduct practice direction.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Please note that after filling in this form in detail... when I went to preview and post... it all disappeared (not funny at all)...

I will scan my original complaint letter and their response...

In short (very short):

EASYJET mastercard in 2008 via CITIFINANCIAL at airport.

Account transferred to CITI platinum mastercard in Jan 2010.

Dispute over refund of charges x2 began in April 2009.

Complaint letter/ offer of repayment sent April/May 2009.

Reply received in May 2009: although they admit to agreeing and not applying the charges when asked... even if they had, I would have gone over overdraft and received further charges anyway (?debatable) so they would not agree to my particulars ( pay balance before drama or no more than £500).

As a goodwill gesture they reduced the balance to 600 ish, which was/is Not good enough - they agreed it - they should've honored it...

Im not sure what to do in terms of fighting or admit part claim?

was considering part claim but have seen on other threads that this is automatic CCJ..

Please help me....
many thanks, newbie x

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / CITIFINANCIAL - 5-3-2015

Please note that after filling in this form in detail... when I went to preview and post... it all disappeared (not funny at all)...

hmm that's very annoying for you, I'll see what's going on with the forms, they should just auto post the info in this forum. Thanks for letting me know there's an issue.

ASYJET mastercard in 2008 via CITIFINANCIAL at airport.

Account transferred to CITI platinum mastercard in Jan 2010.

did you get a new agreement at that point?

Okay you have acknowledged the claim, next step is to send off a CCA and a CPR request to get hold of the paperwork. I'd defend the entire claim to begin with - at least get the documents in so you know what you are dealing with first.


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)

[missuzc]

Re: Court Claim - CABOT FINANCIAL / CITIFINANCIAL - 5-3-2015

Hi Amethyst,
Thank you for your time and help.

To my knowledge and records (I have probably all correspondence relating to this debt) I did not receive a new agreement, just a letter informing me of the changes due to a "review of their products and to ensure their range is competitive" and "current market conditions".

On the reverse of the letter, they advise of my right to cancel by writing and supplied with this letter, a copy of frequently asked questions to refer to if any queries or a number for card services was supplied.

I will send the CCA and CPR tomorrow and update... I will also scan and upload copies of my complaint letter to them and their reply (from 2009) by tomorrow.

Missuzc signing out feeling slightly more relaxed... someone cares

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / CITIFINANCIAL - 5-3-2015

Ahh that's good...also sounds like you keep paperwork which may well be helpful later.

It's tough to make any decision on which way to play this, so get it the CCA and CPR requests sent off, and play it by ear from the responses to those.

In the CCA letter only refer to any details they have given you in the claim particulars.

Look forward to having a look at the previous complaints tmw as that may be important if they come back with the correct documentation.

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL / CITIFINANCIAL - 5-3-2015

EASYJET mastercard in 2008 via CITIFINANCIAL at airport.

Account transferred to CITI platinum mastercard in Jan 2010.

Ahh that's good...also sounds like you keep paperwork which may well be helpful later.

It's tough to make any decision on which way to play this, so get it the CCA and CPR requests sent off, and play it by ear from the responses to those.

In the CCA letter only refer to any details they have given you in the claim particulars.

Look forward to having a look at the previous complaints tmw as that may be important if they come back with the correct documentation.

Was the Easyjet card a general purpose credit card to start with? If not we could be looking at another Mayhew here, but I doubt they would still be doing that sort of thing as late as 2008.

If it was the same type of product, would they need to have sent a new agreement?