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Urgent Help required please - Received Claim Form from Court
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MissOptimistic
Posts: 457 Forumite
Hi there
I am hoping that someone reallt kind out there will help me out by giving me some advice.
To briefly sum it up:-
Debt was with Citicard (approx £14,000) I stopped paying them about 2 years ago and tried to negotiate a smaller repayment, when they were difficult I did a CCA request and heard nothing for ages, the Debt was then passed around a bit until about 6 months ago when I received a letter from Cabot and a Notice of Assignment saying they now owned the debt. (I had moved house in the meantime and I only received the NOA as my postal re-direction was still in place) - Shortly after that I received what they said was a CCA, and all they had to provide me with in Law, although nowhere did this have any signature on it. Although it did have the address I lived on it at the time I took the card out (mid to late 1990's?)
Fast forward to today and I have received a Claim form from Morgan Solicitors for the amount of £17266.43 - I only received it because the new owner of the house forwarded it to me.
There is no supporting Evidence, and the Particulars of Claim is just one paragraph which reads
"The claimant is the assignee of a debt from Citifinancial Europe Plc People Platinum Visa ref: *****, Notice of Assignment having been given to the defendant in writing. Despite demand for payment £16856.43 remains due. The claimant claims £17266.43 and interest under s69 County Courts Act and costs"
I do not know what to do - as far as I know there has been no contact from Cabot - This is the first thing I have heard from them since the NoA - I have no idea if the amounts are correct or anything, and it seems odd that all their evidence amounts to one paragraph.
If I defend this claim - can they then produce the CCA in court - Please help someone - I only have 2 of the 14 days left to respond
Thank you
I am hoping that someone reallt kind out there will help me out by giving me some advice.
To briefly sum it up:-
Debt was with Citicard (approx £14,000) I stopped paying them about 2 years ago and tried to negotiate a smaller repayment, when they were difficult I did a CCA request and heard nothing for ages, the Debt was then passed around a bit until about 6 months ago when I received a letter from Cabot and a Notice of Assignment saying they now owned the debt. (I had moved house in the meantime and I only received the NOA as my postal re-direction was still in place) - Shortly after that I received what they said was a CCA, and all they had to provide me with in Law, although nowhere did this have any signature on it. Although it did have the address I lived on it at the time I took the card out (mid to late 1990's?)
Fast forward to today and I have received a Claim form from Morgan Solicitors for the amount of £17266.43 - I only received it because the new owner of the house forwarded it to me.
There is no supporting Evidence, and the Particulars of Claim is just one paragraph which reads
"The claimant is the assignee of a debt from Citifinancial Europe Plc People Platinum Visa ref: *****, Notice of Assignment having been given to the defendant in writing. Despite demand for payment £16856.43 remains due. The claimant claims £17266.43 and interest under s69 County Courts Act and costs"
I do not know what to do - as far as I know there has been no contact from Cabot - This is the first thing I have heard from them since the NoA - I have no idea if the amounts are correct or anything, and it seems odd that all their evidence amounts to one paragraph.
If I defend this claim - can they then produce the CCA in court - Please help someone - I only have 2 of the 14 days left to respond
Thank you
Emergency Savings Fund - £1100
2015 Mortgage overpayments = £
0
Comments
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they dont have to supply a CCA,if you acknowledge the debt is your then you need to make arrangements to make payments
if you(and you seem to admit you did)had a cc balance of £14,000 2 years ago its likely that the balance owed now is around £17,000 with interest/late payment charges added0 -
MissOptimistic wrote: »If I defend this claim - can they then produce the CCA in court - Please help someone - I only have 2 of the 14 days left to respond
if you defend it then you can insist they produce proof of a signed one
ask for advice on a defense here [noparse]www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues[/noparse]0 -
Thank you Sparkly - I have done the acknowledgement of service online and have indicated that I will defend the claim - what is a POC though (sorry if its obvious!)Emergency Savings Fund - £11002015 Mortgage overpayments = £0
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Ahh - Got it - Particulars of Claim!Emergency Savings Fund - £11002015 Mortgage overpayments = £0
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Yes - this bit...
"The claimant is the assignee of a debt from Citifinancial Europe Plc People Platinum Visa ref: *****, Notice of Assignment having been given to the defendant in writing. Despite demand for payment £16856.43 remains due. The claimant claims £17266.43 and interest under s69 County Courts Act and costs"
xx0
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