** discontinued - now stat barred ** Court Claim - cabot / citi

[bmw2602]

Received a claim? Yes
Issue Date: 30-3-2015
Amount approx: 3000
Claimant: cabot financial
Solicitor: mortimer clarke
Original Credit: citi

Particulars of Claim:
credit card debt from 2009

Stat Barred? Yes

Have sent: Sent a CCA request

Other Info:
last payment was approx feb 2009, cabot took over the debt and i requested a true copy of the cca request which they failed, then they sent me a copy of the terms and conditions and said that they have supplied the document that i requested and told me to pay or they going to take me to court.

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Any help would appreciate very much, not sure if statued barred yet i havent made a payment since feb 2010 and i havent acknowleged the debt to cabot either, i did send a cca request in nov 2013 and then on the 10th dec 2014 they sent me a copy of what is described as terms and conditions and said that they have provided the correct documents. i am still waiting on my cca request thats when they sent me the small claims claim form. help please can i enter a defence as they have defaulted on my cca request. thanks

[nemesis45]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi Welcome to LB,

1. Do these " terms & Conditions " have your name and address as it was when the account was opened.
2. There should be two sets of T's & C's the opening ones and those at closure are they there?
3. Statute Barred in England and Wales = 6 clear years with no payment ( to any party) and no unequivocal
written acknowledgment of the alleged debt. If your date of last payment is correct it is not statute barred.

Check the documents received carefully for your name and address at inception , the creditors name and address at inception.
are there any others documents mentioned in the Ts & C's that have not been provided.

Have you acknowledged receipt of the claim and intention to defend?

nem

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi thanks for your reply they sent me a copy of the original terms and conditions including the interest rates it says my name and address on it under credit card agreement and the account number at the top i have enclosed a pic, also sent me some copy of some statements, yeah sorry my last payment was feb 2010 not 09. they also sent me someone elses credit card agreement. not sure what i can do does this matter can i still defend ?

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

i think the account was opened in 2001 and i never signed anything also the amount owed with citi was 2044.00 not 3042.00 that cabot claim. thanks

[nemesis45]

Re: Court Claim - cabot financial / citi - 30-3-2015

Emm A Breach of the Data Protection Act, does this contain the persons full details?

Two sets of Ts & Cs one when account opened and on closure?
nem


nem

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

no only got one set which i enclosed a pic which has my first and last name and address on thats all they have only sent the final agreement from opus they have not sent me the original agreement from citi they also sent me a credit card agreement with someone elses name and address on pic enclosed yes it has there full details. hope this makes sense.

[nemesis45]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi then their attempt at producing a recon fails, it must have the original T's and C's and the creditors name and address at the inception of the account.

Personally I would reject the agreement now as not complying.

Cabot Financial

Date:........

Ref: County Court Claim No.xxxxxxxxxxxxxxxxxxx

Sir/Madam,

I am in receipt of your letter dated.............: and the enclosed document that Cabot alleges is a " true copy " of an agreement relating to the alleged debt which is the subject of this claim.

Having now studied the document I have concluded that it does not comply with the requirements of the Consumer Credit Act 1974 (as amended) a fact of which I am sure Cabot is aware.

Given that this document is crucial to Cabots claim I suggest that it now withdraws the claim immediately and closes its file on this matter.
Cabot should also be aware that I have also received a copy of a 3rd parties credit agreement complete with personal details.
I am making a complaint to the Information Commissioners Office regarding the breach of the Data Protection Act 1998.
Once Cabot has acknowledged the breach in writing I will return the agreement after copying it to the ICO.

No need to elaborate more at this stage, just carry on preparing your defence and completing the court docs as they come through.

Looks like the volume of claims Cabot is now making is causing it to make silly mistakes.

nem

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Thank you so much for your reply I will get on to it straight away, I am just so confused by it all. Thanks for your help in this matter :thumb:

[nemesis45]

Re: Court Claim - cabot financial / citi - 30-3-2015

Happy to help.

nem

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi then their attempt at producing a recon fails, it must have the original T's and C's and the creditors name and address at the inception of the account.

Personally I would reject the agreement now as not complying.

Cabot Financial

Date:........

Ref: County Court Claim No.xxxxxxxxxxxxxxxxxxx

Sir/Madam,

I am in receipt of your letter dated.............: and the enclosed document that Cabot alleges is a " true copy " of an agreement relating to the alleged debt which is the subject of this claim.

Having now studied the document I have concluded that it does not comply with the requirements of the Consumer Credit Act 1974 (as amended) a fact of which I am sure Cabot is aware.

Given that this document is crucial to Cabots claim I suggest that it now withdraws the claim immediately and closes its file on this matter.
Cabot should also be aware that I have also received a copy of a 3rd parties credit agreement complete with personal details.
I am making a complaint to the Information Commissioners Office regarding the breach of the Data Protection Act 1998.
Once Cabot has acknowledged the breach in writing I will return the agreement after copying it to the ICO.

No need to elaborate more at this stage, just carry on preparing your defence and completing the court docs as they come through.

Looks like the volume of claims Cabot is now making is causing it to make silly mistakes.

nem

Hi all, finally got a letter from them they said that they looking in to my complaint after above letter sent thanks to nemesis45 on April 2015 and said that they were placing the account on hold and the court claim on hold while investigating, recieved today from cabot the same documents mentioned in previous posts and a credit card agreement with someone else's name and address details on it, again why have they sent the exact same docs... they said that now they have complied with my request they are able to enforce the credit agreement.. i dont think they have complied or am i wrong. please any help would be appreciated, thankyou loads.

[nemesis45]

Re: Court Claim - cabot financial / citi - 30-3-2015

Same docs same answer no good!!

nem

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi yes exact same docs as sent before and a credit card agreement with the same 3rd party's name on it not mine. . just wondered do i reply back with the same letter as i sent before. thanks for any help.

[Amethyst]

Re: Court Claim - cabot financial / citi - 30-3-2015

You may find this interesting http://www.legalbeagles.info/forums/...039#post552039

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi everyone, just a wee update from cabot letter recieved today copy's attached very interesting letter it looks like they are discontinuing proccedings.... does that mean they are giving up on the court claim i hope...