Received a Claim, please could you help

[echat11]

a) Sent the forms signed delivery and they both got it yesterday.

Good.

b) Been looking through defence, looks complicated, so far all I have is my name, and acknowledging having the credit card.

It looks complicated, but it isn't, have a go, copy and paste it back onto this thread without personal details, then I'll read through it and make suggestions before it's due.

c) Am I right they have 12 days to sent info?

12 days for the CCA request and 7 days for the CPR31.14.

d) Should I wait to see if anything comes back?

Yes, but don't forget you need to file your defence, you should worked out the date it is due to be lodged with the Court and the Claimant.

e) Also really hoping defence can be done online, is that so?

Yes, you can do it online Via MCOL or email it to the Court.

[AnitaMerlin]

I have not had a response to CPR31.14. from Mortimer, and Cabot should be this Monday. I think my date for defence is 1st April, 28 days from the 4th march - my acknowledge. Am I right?
I have some defence done but am stuck from paragraph 14 onwards. I am posting it anyway, to see if I am on the right track. Also not sure about no. 7. as I don't know when I last made payment. I really appreciate all your help.



County Court Business Centre Northampton

Claim No: [XXXXX]

Cabot Financial (UK) Limited

Claimant

And

XXXXXXXXX

Defendant



DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 4th March 2023

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 agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with CitiFinancial Europe PLC for provision of a credit card.

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

6.The Claimant’s Particulars of Claim state that the agreement was entered into on or around 20th November 2000.

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

8.The Claimants statement of case states that the account was assigned from CitiFinancial Europe PLC to Cabot Financial (UK) Limited. The Claimant does not state the date of the assignment. The Defendant does not recall receiving notice of this assignment.

9.It is denied that CitiFinancial Europe PLC 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the 10th March 2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement with CitiFinancial Europe PLC, a service of the Default Notice and Notice of Assignment to Cabot Financial (UK) Limited.

11.Mortimer Clarke Solicitors Ltd have not sent any of these documents to the Defendant.

12.On the 10th March The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (4) Consumer Credit Act 1974 cannot enforce the agreement.

[echat11]

a) No. 6 - The Particulars of Claim doesn't state the following: ' was entered into on or around 20th November 2000', it states 'around 2003', you need to change this.

b) You need to add the following as they are:

14. 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.

15. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

16. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

c) I have not had a response to CPR31.14. from Mortimer, and Cabot should be this Monday.

If they respond great, if not it's not an issue.

d) I think my date for defence is 1st April, 28 days from the 4th march - my acknowledge. Am I right?

As long as it's filed on time and not late, then that's fine.

e) I have some defence done but am stuck from paragraph 14 onwards. I am posting it anyway, to see if I am on the right track.

It's fine.

f) Also not sure about no. 7. as I don't know when I last made payment. I really appreciate all your help.

If you don't know, you need to leave no.7 out, only state that if it's true, as you are signing a Statement of Truth.

[AnitaMerlin]

Thank you. No. 6 - I made a mistake at the top, it does state year 2000 on the claim form. Will leave 7 out and add the rest as is. Phew, a bit of a relief. I will wait a few days before I file a defence, see if they send any documents. Then I can start panicking again. Dread the phone mediation.

[echat11]

One you've filed your defence, the Claimant has 28 days to respond to your defence.

Then there is an opportunity for Mediation, provided you receive all the requested documentation.

You will receive a Directions Questionnaire where you can request Mediation.

If it's not settled, you exchange Witness Statements, then there is the Hearing.

What you need to do is find out when you last made a payment and the last contact made in writing.

Send the original creditor a Subject Access Request, they have 30 days to provide all the data they have on the account, make sure you get Proof of Postage, you need to establish if the debt is Statute Barred.

https://legalbeagles.info/library/gu...ccess-request/

[AnitaMerlin]

Thinking of filing tomorrow. Totally confused about dates, Do I count 14 days from Claim Form issue date 27th Feb or when I received the Claim form on 4th march. Do I add 14 days from date of acknowledgement 4th march or when it was received 6th march. Sorry, total brain fog.

[AnitaMerlin]

Found a letter Cabot sent in Jan showing all payments since 2006. Last payment 16/10/2017. Last correspondence I can find is back in 2010. They requested Income & Expenditure form which I sent. I cannot find anything later than that. I was paying via DD and they kept increasing the amount somehow without my consent. If I remember correctly I cancelled DD as I could not afford it.

[AnitaMerlin]

Managed to find another letter Jan 2018, I vaguely remember a lot of harassing phone calls so I explained my health situation, (also sent them a letter from my neurosurgeon), and did not offer any token payment due to falling in arrears with priority bills. Nowhere else to look, been through all drives, and boxes, am exhausted. Thanks for guiding me through this nightmare.

[echat11]

Thinking of filing tomorrow. Totally confused about dates, Do I count 14 days from Claim Form issue date 27th Feb or when I received the Claim form on 4th march. Do I add 14 days from date of acknowledgement 4th march or when it was received 6th march. Sorry, total brain fog.

It's 28 days (you have, plus 5 days postal) from the date on the claim form, time wise you are o.k., just get done in the next couple of days.

[echat11]

Managed to find another letter Jan 2018, I vaguely remember a lot of harassing phone calls so I explained my health situation, (also sent them a letter from my neurosurgeon), and did not offer any token payment due to falling in arrears with priority bills. Nowhere else to look, been through all drives, and boxes, am exhausted. Thanks for guiding me through this nightmare.

Just send the Subject Access Request. The Agreement was taken out sometime ago, so the likelihood is that they can't find the agreement. You should get data on the last payment, so you know for sure.

[AnitaMerlin]

Sorry, just one more question. Do I have to put phone number on SAR, I very rarely speak on the phone, especially when I am nervous, I get throat spasms and can't breath. Could I put email instead?

[echat11]

Sorry, just one more question. Do I have to put phone number on SAR, I very rarely speak on the phone, especially when I am nervous, I get throat spasms and can't breath. Could I put email instead?

That's fine, just put your email address.

[AnitaMerlin]

I got a letter today from Mortimer. "Thank you for your recent correspondence and we acknowledge your request for documents. For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken." Not sure what that means. Do I proceed as you advised, submit my defence today and CAR the Citi cards? And if down the road they send documents will all this start again? I read somewhere on this site in similar case they started the claim again after more than a year has passed. Dread to have that hanging over my head.

[MIKE770]

no waiting in defence state:-

on such a date a request for documents mentioned on form N1 to this date the request is outstanding. under CPR 31/14.

CPR 31.14 Request

this one you used? they can be forced if necessary later on.

echat11

[echat11]

a) I got a letter today from Mortimer. "Thank you for your recent correspondence and we acknowledge your request for documents. For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken." Not sure what that means.

That's standard, they acknowledge the request, they don't hold the requested documentation, the account is on hold, nothing further will . I'm not sure they will be able to produce the requested documentation, but lets see.

b) Do I proceed as you advised, submit my defence today and CAR the Citi cards?

Yes, proceed, defence and SAR.

c) And if down the road they send documents will all this start again? I read somewhere on this site in similar case they started the claim again after more than a year has passed. Dread to have that hanging over my head.

If they find the documents later and they have discontinued this case, they will have to make a fresh claim. Stop worrying about something that more then likely won't happen.