Court Claim - Cabot / Vanquis - 22-12-2014

[Dog11]

Received a claim? Yes
Issue Date: 22-12-2014
Amount approx: 782.14
Claimant: Cabot
Solicitor: Restons solicitors ltd
Original Credit: Vanquis

Particulars of Claim:
The claimant claims payment of overdue balance due from the defendants under a contract between the defendants and vanquis
Dated on or about January 2009 and assigned to the claimant on August 26 2011 in the sum of 782.14
Particulars ac no 4023962109284972
Date Item Value

28/11/2014 default balance. 782.14
Post refrl Cr nil

Stat Barred? No

Have sent:

Other Info:
Looking for information on how to deal with this court action,I haven't made a payment since September 2009 ,and haven't aqnowledged/admitted the debt
Tried contacting citizens advice but they are closed until 5 January.i came across your site and there was lots of useful advice on here.
Regards
Mandy

[flicky1314]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

I have been in a similar situation with cabot, got lots of good advice from the group and as yet the claim has stayed as cabot couldn't provide any agreement. I,m sure someone will b along soon to give u sound advice.

[Ruby]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

You have said that the contract between you and Vanquis was (started) circa January 2009 is that right? You have done the right thing about requesting a copy of the CCA. If you are worried that they may forge your signature just write/sign your name with the opposite hand you write with - well that's what I did. They have to furnish you with the CCA within 12 + 2 days otherwise they are in default. Whilst in default they cannot enforce the payment in court. From the other post you made they are maybe trying to stall you which is all too common with Cabot. New legislation coming out soon means that companies such as these will have to have the enforceable paperwork before they can start court proceedings but unfortunately that won't come into effect soon enough for us. I personally think that is why Cabot are throwing court cases around like mad at the moment to make the most of it before the new legislation comes into force and profits drop.

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Thanks ,any advice on my reply back to restons ,should I tell them that I have applied for more time to defend .Is there a template letter that could help me ? .

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Hi ,an update on my case ,sent of cca to Cabot and got the standard letter saying they don't have information on file but will anticipate having it within 40 days.
Sent of Cpr31.14 to restons and nothing back from them.
I am trying to prepare my defence used from a template on here ,can I add it on here for someone to have a look at to see if I need to add anything else to it ?
i have to have this in for beginning of the week ,thanks for all your help so far this site has been a great help .

[Kati]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Upload away [MENTION=58903]Dog11[/MENTION] (just make sure you remove any personal details first ) I'm sure there will be knowledgeable Beagles able to look at it for you.

K x

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

1: I received the claim (xxxxx) from the County Court Business Centre on 24th Dec 2014.
2: This claim appears to be for Loan agreement regulated under the Consumer Credit Act 1974.
3. It is denied that the defendant has entered into an agreement with Vanquis or claimant Cabot Financial (UK) Limited.
4. The Claimants statement of case fails to give adequate information to enable the defendant to properly assess the position with regards to the claim.
5. On the 29th December 2014 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors, who are acting for the Claimant in this case. I requested the Claimant provide copies of the Agreement, notice of assignment, the deed of assignment and formal demand as detailed in their Particulars of Claim, but have not yet received any documentation relating to the said debt.
6. On the 29th December 2014 I sent a formal request for a copy of the original agreement direct to Cabot Financial UK Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
7. The Claimant has failed to send any copy of any agreement between myself and Vanquis and has failed to comply with my request pursuant to the Consumer Credit Act 1974 and therefore cannot enforce the agreement.
8. The Claimant has not provided any copies of any notice of assignment or default notice in relation to this alleged debt and I deny the notice was served pursuant to the Law of Property Act1925
9. The Claimant have not provided any detail of how the sum claimed has been calculated.
10.

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. To date the Claimant has not provided any evidence that any debt is owed or ever has been owed to either Vanquis or the Claimant.
12. 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.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.
14. 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.

Statement of Truth

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Hopefully someone will tell me if this defence is ok to send to the court,I haven't been in this position before and I'm grateful for all the help I have received on here .

[Amethyst]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

If you've had nothing back from the Claimant then this sounds okay - I've amended para 5 as the Particulars don't actually mention all those documents

The claimant claims payment of overdue balance due from the defendants under a contract between the defendants and vanquis
Dated on or about January 2009 and assigned to the claimant on August 26 2011 in the sum of 782.14
Particulars ac no 4023962109284972
Date Item Value

28/11/2014 default balance. 782.14
Post refrl Cr nil

1: I received the claim (xxxxx) from the County Court Business Centre on 24th Dec 2014.

2: This claim appears to be for Credit Card agreement regulated under the Consumer Credit Act 1974 although the claimant doesn't state this in their statement of case and I am surmising this as Vanquis are a credit card company. The Claimants statement of case fails to give adequate information to enable me to properly assess the position with regards to the claim. There is no detail of the contract/agreement, other than it may have been entered into in January 2009, and no detail of how the sum claimed has been calculated, or whether the terms of the contract/agreement have been breached.

3. I am not aware of any overdue balance owing to Vanquis. I do not know what 'Post refrl Cr nil' refers to.

5. On the 29th December 2014 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors, who are acting for the Claimant in this case. I requested the Claimant provide copies of the Agreement and notice of assignment as detailed in their Particulars of Claim, but I have not yet received any documentation.

6. On the 29th December 2014 I sent a formal request for a copy of the original agreement direct to Cabot Financial UK Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

7. The Claimant has failed to send any copy of any agreement between myself and Vanquis and has failed to comply with my request pursuant to the Consumer Credit Act 1974 and therefore cannot enforce the agreement.

8. The Claimant has not provided any copies of any notice of assignment or default notice in relation to this alleged contract/agreement.

9. 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.
To date the Claimant has not provided any evidence that any debt is owed or ever has been owed to either Vanquis or to the Claimant.

10. 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.

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

13. 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.

Statement of Truth

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Thank you for replying ,will keep you updated ,thanks again for all your help with this .

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Hi,received a letter from Restons after submitting my defence .

we are aware that you have filed a defence to the claim issued against you,whereby you dispute liability to our client on the basis that

1 The claimants particulars of claim fail to provide adequate information.
2 the claimants representatives have failed to provide documentation persuant to your CPR 31.14 request.
3The claimant has failed to comply with section 77/78 CCA request.

we would advise you that your defence is a format that we are familiar with as we have seen this template numerous times previously and are fully aware that this template is widely circulated on consumer-based websites for the sole purpose of attempting to avoid repayment of legitimate debts .

We can confirm that your CPR 31.14 request was responded to on 5 January 2015 confirming that the request could not be actioned as the correspondence was unsigned .

This said ,we can confirm that we are currently awaiting copies of the necessary documents from our client and will endeavour to provide them to you as soon as we are in receipt of the same .


any advice as to my next step ,do I reply to this letter or do I wait to see if they produce the documents ?

[Don Quixote]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Your defence is valid, wherever you get it from! This is intimidatory, in my view, and claims you are avoiding the debt (which is outside their knowledge). However your case goes, I would complain about that letter to the FCA and the SRA.

And there’s no legal requirement for you to sign a CPR request, as far as I know. Restons have form for this. Been doing it for years to wriggle out of CPR. Ask them under what statute you have to sign it.

From the PoC, it looks to me like they are simply trying to claim arrears rather than rely on default notices etc which are not mentioned.

However... if they do come up with the required documentation, what will your response/further defence be?

[nemesis45]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Why was the CPR 31.14 request not signed?

Send it again.
Confirming that you are very familiar with the tactics Restons and its " client " Cabot uses to avoid complying with requests for information under CCA 1974 and the Civil procedure rules, and to date have not proved there is any legitimate debt in this case.

nem

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Hi,thanks for replying back ,I didn't sighn the CPR31.14 an oversight but I did sighn the CCA sent to Cabot .As they have admitted they have received it on the 5 January is there any point in re sending another as its over 5 weeks ago ?
If they get the documentation I will not have a defence .where will I get details of FCA and SRA to complain about them ?

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

I have drafted a letter to reply to Restons ,can anyone tell me if this is ok to send back to them ?

I am in receipt of your letter dated 10/02/2015 and note its contents .
As a defendant in this case I am entitled to see the documents on which the claimant relies and which you will have to produce at trial .The request for documents was on the 05/01/2015 which you have acknowledged receiving.I note that Cabot have allowed 40 days to get the documents required not the 14 days legally allowed .
It doesn't matter what format ,my defence is valid and I'm very familiar with the tactics that Restons and your client Cabot use to avoid complying with requests for information under the CCA 1974 and the civil procedure rules and to date haven't provided there is a legitimate debt in this case.