Court Claim - Cabot / Citi - 2-3-2015

**nemesis45** · 16th March 2015, 20:23:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

If you require CPR31.14 to be complied with you will need to sign the request, if a Solicitor was to " lift" a signature it would be very stupid.
A CCA request does not need to be signed.
Sign and return the CPR request and the expect Reston to decline on the grounds that the claim will be allocated to the " small claims track.
TBH the CCA request is more important.

nem

**Dark Globe** · 16th March 2015, 20:31:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Thanks for the prompt reply.

I guess I was probably being a bit paranoid, but this whole industry seems to be full of sharks.

I'll sign and send it back tomorrow.

You are a star!

**nemesis45** · 16th March 2015, 20:33:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Happy to help!!
Come back here if you need more help.
nem

**Dark Globe** · 18th March 2015, 21:13:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Hi,

One thing I'm not clear on.

If I have acknowledged the claim, do I automatically have another 14 days to file my defence or do I need to have the extra days agreed by someone?

Thanks in advance.

**FlamingParrot** · 18th March 2015, 21:34:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Originally posted by Dark Globe View Post

Hi,

One thing I'm not clear on.

If I have acknowledged the claim, do I automatically have another 14 days to file my defence or do I need to have the extra days agreed by someone?

Thanks in advance.

You automatically have a further 14 days (a total of 28 + 5 allowed for service from date on claim).

If you want to have extra time after that period (up to a maximum of 28 days), you need to get the claimant's solicitors to agree to an extension and inform the court of the agreement.

**Dark Globe** · 18th March 2015, 21:43:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

I guess I have time to see if I get a response from Cabot or Restons before I compose my defence.

Thank you for the quick reply.

**Dark Globe** · 26th March 2015, 20:32:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Hi All,

I recieved a reply from Restons today, the contents were as follows:

-----------------------------------------------------------------------------------------
We acknowledge reciept of your recent request made persuant to CPR 31.14.
We would point out that the claim was issued via the County Court Business Centre which is a
procedure specifically provided for in the CPR. The procedure only allows a claimant to insert brief
details of the claim and does not allow for attachment of any enclosures. Paragraph 5.2A of Practice
Direction 7E specifically states "The requirement in paragreaph 7.3 of Practice Direction 16 for
documents to be attached to the particulars of contract claims does not apply to claims started using
an online claims form, unless the particulars of claim are served separately in accordance with
paragraph 5.2 of this practice direction."
We would also remind you that CPR 31.14 states:-
"A party may inspect a document mentioned in -
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit"
You would have been provided witha copy of the contractual Terms and Conditions at the time the
account was opened and hence we see no reason why you now require an additional copy.
Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim
and therefore CPR 31.41(1) does not apply.
Although your letter states that you require the requested documents in order to file a Defence /
Counterclaim, we would point out that the Particulars of Claim contains sufficient information in
order for you to understand what the claim relates to, namely:
a)the date the account was opened;
b)the account number;
c)the outstanding balance;
d)the name of the original creditor;
e)the fact that the account was assigned to the claimant and when it was assigned.
We trust this clarifies matters.

----------------------------------------------------------------------------------------------

The documents I asked for were:
1. The agreement.
2.The assignment
3.The default notice

the particulars of the claim were:
The claimant claims payment of the overdue balance due under a contact between defendants and citifinancial dated on or about [specific date given] 2001 and assigned to the claimant [specific date given] 2010.

I'm not really sure what to do next as the 33 days will expire next week.

Any advice would be appreciated.

Thank you.

**Dark Globe** · 28th March 2015, 12:37:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Hi,

Update,

I recieved a reply from Cabot saying that they don't have the info I asked for but they have requested it from the original lender.

They anticipate being able to provide the information within 40 days.

I think it might be too late to ask for an extention, as by the time I get a reply, the 33 days from date of service will be up. (perhaps this is intentional)

Should I just file a defence stating that I haven't been given the CCA information from Cabot on time and Restons were unwilling to provide the CPR documentation?

Thanks in advance.

**nemesis45** · 28th March 2015, 16:00:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Whilst the agreement is not available the debt is unenforceable until it is, if no more is heard check with the court to see if the claim is stayed.
Take a look around some of the other threads on Cabot and " 40" days to comply, there are may defences to refer to.

As to the CPR 31.14 remind Cabot/solicitors that "As this claim has not been allocated to a track CPR31.14 is still relevant and you require All the documents mentioned in the Particulars of Claim within 7 days. You cannot request any other documents.

nem

**pt2537** · 28th March 2015, 16:27:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Originally posted by Dark Globe View Post

Hi,

Update,

I recieved a reply from Cabot saying that they don't have the info I asked for but they have requested it from the original lender.

They anticipate being able to provide the information within 40 days.

I think it might be too late to ask for an extention, as by the time I get a reply, the 33 days from date of service will be up. (perhaps this is intentional)

Should I just file a defence stating that I haven't been given the CCA information from Cabot on time and Restons were unwilling to provide the CPR documentation?

Thanks in advance.

I think i blogged on this on my blog with Restons

Dont lose sight of the fact that, if the pleadings are t he same as the case i dealt with, the Claim form can never be proven, and a claim which cannot be proven can never succeed.

A point i hammered home on them and brought about discontinuance on a debt over £20k.

I made a strike out application and it brought them to an abrupt end

**pt2537** · 28th March 2015, 16:40:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

ahh edit i see they have pleaded Citi Financial , darn it, although im not sure Citi assigned the agreement, as the portfolio was sold to CC Asset management / SAV

**Dark Globe** · 29th March 2015, 19:35:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Hi,

First I would just like to say thanks for all the help and support I have recieved here, It has really made a difference to me.

I have based my defence on the template here:
http://www.legalbeagles.info/forums/...t-Court-Claims

I pretty much just picked out the bits I thought were relevant to my case.

I'm a bit unsure about the documents I should mention, the particulars state:

The claimant claims payment of the overdue balance due under a contact between defendants and citifinancial dated on or about [specific date given] 2001 and assigned to the claimant [specific date given] 2010.
Default Balance £3100

As the phrases "Default balance", "assigned to the claimant" and "contract between defendants and Citifinancial" are here I assumed that the relevant documents are: The Agreement, Default Notice and Notice of Assignment.

Is this correct?
I hope to submit this online tomorrow so I have time to post it by normal mail if the internet conspires against me.

Any comments would be appreciated.

------------------------------------------------------------------------------------------------------

1. I received the claim XXXXXXX from the County Court Business Centre on 5th March 2015

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 a Credit Card or Loan agreement regulated under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Citifinancial to Cabot Financial (UK) Limited on [Specific date] 2010. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Citifinancial 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.

7. On the 9th March 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8. Restons Solicitors Limited has not sent any of these documents to me.

9. On the 9th March 2015 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 77 and / or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant not yet complied with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

11. 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.

12. 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.

13. 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.

14. 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.

---------------------------------------------------------------------------------------------------------

Thanks in advance.

**Dark Globe** · 30th March 2015, 20:49:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Hi,

Defence submitted online.

Fingers crossed.

Not sure what happens now, I expect I will find out soon enough.

Thanks again for all the help

**Amethyst** · 30th March 2015, 21:33:PM

Re: Court Claim - Cabot / Citi - 2-3-2015

Hiya Dark Globe, Sorry we missed your defence post, it all looks fine

Now you will get a letter from court telling you they have sent your defence to the claimant, The Claimants have 28 days to respond to tell court if they want to continue, then you should also get a N180 small claims track questionnaire - which is quite straightforward, just really asking if you're up for mediation and where the case should be transferred to. Then hopefully the court will issue directions based on your defence hopefully asking the claimant to provide the documents before proceeding.

Sharon
xx

Court Claim - Cabot / Citi - 2-3-2015