Received a Claim, please could you help

[AnitaMerlin]

Received a claim? Yes

Issue Date: 27 Feb 2023

Have you Acknowledged the Claim?: Not yet

Total Amount Claimed : 4800

Claimant’s Name: Cabot Financial (UK) Ltd

Solicitors Firm: Mortimer Clarke Solicitors

Original Creditor: Citifinancial Europe PLC

Original Debt Credit card

Particulars of Claim: By an agreement between CITIFINANCIAL and defendant around 2003 they issued defendant with credit card. The agreements were terminated as payments were not maintained and subsequently assigned to Claimant. Cabot has arranged for this proceedings, Is the debt Statute Barred: Last refence of any contact or payments I can find is from 2011

Any Other Information or Background Details:

I worked nights as a nurse and did 4 year full time at university studying IT. Finished with about 25000 in debt thinking I will pay it off in two years after I got a great job in IT in 2005. Only 3 months later I had a stroke. Short story short, my condition is chronic, worse every year, am now on benefits. I have tried in early years to keep up minimum payments until it all fell apart. They all demanded more money and I lost track.

[AnitaMerlin]

I have completed Acknowledgment of Service today 04/03/2023. Trying to figure out what do next. Whom do I send CCA Request and CPR 31.14 to? Any help much appreciated

[AnitaMerlin]

I noticed on my Claim Form the Agreement date is out by 5-6 years. I am pretty certain I had CITI credit card in 2005.

[echat11]

Hi AM

Welcome to the site. I hope things settle down for you health wise, life generally.

a) You've Acknowledged Service, great. I take it you denied the whole claim.

b) Send Mortimer a CCA request, they have 12 days to send you a copy of the original agreement. The template is in the right hand pane. Make sure you get Proof of Postage.

c) Send Mortimer a CPR31.14 request, they have 7 days to provide all the documents they used to make the Court Claim, request copies of the Credit Agreement, Default Agreement and Letter of Assignment. Make sure you get Proof of Postage.

Because you've Acknowledged Service, you have 28 days (plus 5 days) to file your defence, Work out 25 days from the date on the Claim form, note it in your diary, do not forget.

As soon as they start sending you documents look through them for anomalies, are they True copies, have they reconstructed them etc. Update the thread. Two pluses, the debt might be statute barred, also they probably don't have a True copy of the agreement, lets see what they send.

[AnitaMerlin]

Thank you so much. I will try send forms next week. I have a friend staying with me for a week, as I get brain fog when stressed.

[echat11]

Thank you so much. I will try send forms next week. I have a friend staying with me for a week, as I get brain fog when stressed.

Try to stay calm, distract yourself with fun things' when you start to 'over think' things, your health is more important.

If you can't post the letters, email them to Overdales.

[AnitaMerlin]

I can't find the account number for Citi credit card and it's not stated on the claim form. Can I just put CITI credit card on CCA? I have applied for Experian credit report, to see if it shows there, but it will take 7 days from 6th march.

[echat11]

I can't find the account number for Citi credit card and it's not stated on the claim form. Can I just put CITI credit card on CCA? I have applied for Experian credit report, to see if it shows there, but it will take 7 days from 6th march.

That's fine, the CCA request will have your name / address, so they should be able to track down the account number.

[AnitaMerlin]

Oh thank you.

[AnitaMerlin]

On CPR 31.14 request is the claimant address Cabot? or Mortimer

[AnitaMerlin]

Sorry, confused. In the last paragraph of CPR.....For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx....... Is Mortimer's client Cabot, so I should send CCA to Cabot, and a copy of CCA and CPR to Mortimer? am I right?

[echat11]

Sorry, confused. In the last paragraph of CPR.....For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx....... Is Mortimer's client Cabot, so I should send CCA to Cabot, and a copy of CCA and CPR to Mortimer? am I right?

Mortimer's client is Cabot. Yes send CCA to Cabot. A copy of CCA and CPR to Mortimer is fine. Just make a note of that when the defence needs to be lodged with the Court and sent to Mortimer.

Here is an example Defence, you could start filing in some of the facts (don't send off yet).

https://legalbeagles.info/library/gu...-court-claims/

[AnitaMerlin]

OK. Thanks.

[AnitaMerlin]

Sent the forms signed delivery and they both got it yesterday. Been looking through defence, looks complicated, so far all I have is my name, and acknowledging having the credit card. Am I right they have 12 days to sent info? Should I wait to see if anything comes back? Also really hoping defence can be done online, is that so?

[AnitaMerlin]

Also got credit report back and none of my creditors show.