Court Claim - Cabot / Vanquis - 12-5-2015

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Update

I'm just getting my WS ready to post next week, then i receive a letter from Cabot today, please read below.

27 August 2015

Your Cabot reference number
Your original lender
Vanquis
Account type
Credit Card
Account number
Dear Mr
Your request for information under the Consumer Credit Act
Unfortunately we have not been able to provide you with the requested information within the relevant time period.
What happens next?
We shall continue to request the information from the original lender to assist you with your request. In the meantime, we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.
Your account
Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in Court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan.
Independent Advice and Financial Difficulties
If you would like to know more about your consumer rights, we recommend you contact your local Citizens' Advice Bureau (address in phone book), or visit www.adviceguide.org.uk (England and Wales), www.cas.org.uk (Scotland), www.citizensadvice.co.uk (Northern Ireland).
If you are experiencing difficulties in meeting your repayments, we recommend you either contact us or the following not-for-profit organisations for free:
• StepChange Debt Charity (formerly the Consumer Credit Counselling
Service) - visit www.stepchange.org or contact 0800 138 1111
Yours sincerely
Customer Support Administrator

[FlamingParrot]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Update

I'm just getting my WS ready to post next week, then i receive a letter from Cabot today, please read below.

27 August 2015

Your request for information under the Consumer Credit Act
Unfortunately we have not been able to provide you with the requested information within the relevant time period.
What happens next?
We shall continue to request the information from the original lender to assist you with your request. In the meantime, we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.
Your account
Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in Court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan.

That's a generic template letter Cabot use whenever they can't get the documents from the original lender, however, in view of the fact that they've taken you to court, if it was me I'd be inclined to be cheeky and write to WH with a copy of the letter, saying that, given that their clients themselves regard the account as unenforceable and state they are not permitted to obtain judgment in court, they should consider discontinuing the claim to avoid further costs and hassle for everyone concerned whilst pursuing what they themselves know to be a hopeless case. :grin: :grin: :grin:

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Thank You for your quick reply Flaming Parrot, below is a draft of the letter i want to send to WH, and i also want to ask if it's ok to add the letter from cabot to my WS. Thank you for your help.


Dear Sir / Madam,

I refer to County Court Claim Noxxxxxxx issued by wright Hassall llp on behalf of its client Cabot financial uk limited, I’ve enclose a copy of a letter receive from your client.


Given that your clients themselves regard the account as unenforceable and state they are not permitted to obtain judgment in court, you should consider discontinuing the claim to avoid further costs and hassle for everyone concerned whilst pursuing what they themselves know to be a hopeless case.

Thank you and I hope to hearing from you soon.

Your Sincerely

[MIKE770]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

love the reference to "Hassle" within content to Wright Hassall!

[FlamingParrot]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Thank You for your quick reply Flaming Parrot, below is a draft of the letter i want to send to WH, and i also want to ask if it's ok to add the letter from cabot to my WS. Thank you for your help.

Dear Sir / Madam,

I refer to County Court Claim Noxxxxxxx issued by wright Hassall llp on behalf of its client Cabot financial uk limited, I’ve enclose a copy of a letter receive from your client.

Given that your clients themselves regard the account as unenforceable and state they are not permitted to obtain judgment in court, you should consider discontinuing the claim to avoid further costs and hassle for everyone concerned whilst pursuing what they themselves know to be a hopeless case.

Thank you and I hope to hearing from you soon.

Your Sincerely

If you are writing to Wright Hassall you would address them rather than a third party so you'd say: "...issued by yourselves on behalf of your clients Cabot Financial (UK) Limited, I enclose..."

The letter from Cabot is definitely an exhibit well worth mentioning in your WS. :grin: :thumb:

- - - Updated - - -

love the reference to "Hassle" within content to Wright Hassall!

They could be addressed as "Right Hassle". :lol: :lol: :lol:

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

If you are writing to Wright Hassall you would address them rather than a third party so you'd say: "...issued by yourselves on behalf of your clients Cabot Financial (UK) Limited, I enclose..."

The letter from Cabot is definitely an exhibit well worth mentioning in your WS. :grin: :thumb:

- - - Updated - - -

They could be addressed as "Right Hassle". :lol: :lol: :lol:

I'll post the letter first then give them a week before sending my WS. I just want to thank you once again, i'll keep you guys posted.

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Hello everyone, below is my WS for you guys to look at and help me with errors you may find Thank you.


IN THE xxxxxxxxxCOUNTY COURT

Claim No. xxxxxxxx

BETWEEN:

CABOT FINANCIAL UK LTD

Claimant

- And –

Defendant

xxxxxxxxxxxxxxxxxxx

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxx
_________________________________

I xxxxxxxxof xxxxxxxxxxxxxxxxxxxbeing the Defendant in this case will state as follows;


1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. On or around xxxxxx2015, I received a claim from the county court business centre, Northampton, for the amount of £xxxxxx

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that this claim is being for debts arising from consumer credit act 1974 agreements, the claimant is an assignee of the following debts, notice of the assignment having been given to the defendant in writing. Vanquis credit card. Account no. xxxxxx £ xxx despite demands for payment, the above sums remain due. The claimant therefore claims the sum of £ xxxx interest under s.69 county courts act 1984 and costs.


5. On the xxxx 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under civil procedure rule 31.14 to the claimants solicitors [EXHIBIT A]
6: On the xxxxx 2015, I made a formal written request to the claimant for them to provide me with a copy of my consumer credit agreement as entitled to do so under sections 77-79 of the consumer credit act 1974 along with the statutory £1 fee [EXHIBIT B]

7. On the xxxxx 2015, the claimant’s solicitors replied to my written request without the requested documents [EXHIBIT C]


8. On the xxxxx 2015, I received a reply from the claimant without the requested documents [EXHIBIT D]


9. On the xxxxx 2015, I received a letter from the claimant that they have not been able to provide me with the requested information within the relevant time period and state that the account is unenforceable and they’re not permitted to obtain judgment or decree in court [EXHIBIT E]

10. The claimant has mentioned the credit agreement, the assignment in its statement of case and yet it has provided only the assignment despite my entitlement to inspect these documents.


11. To date I’ve not received a copy of the consumer credit agreement, therefore I’m unable to accurately identify as to what the claim refers.

Statement of Truth


I, xxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: _____________________________


Dated:

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Hello again, anyone please

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Help please

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Anyone to look at my WS before posting tomorrow please

[FlamingParrot]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Just been reading back, I take it you didn't receive anything back from Wright Hassall. That being the case it all looks fine, my only comment concerns point 11 below:

11. To date I’ve not received a copy of the consumer credit agreement, therefore I’m unable to accurately identify as to what the claim refers.

You've already said under item 4. that the particulars refer to a Vanquis card so you can identify what the claim refers to. I'd word it more like: "To date, I’ve not received a copy of the consumer credit agreement, therefore I’m unable to assess my position with regards to this claim."

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Just been reading back, I take it you didn't receive anything back from Wright Hassall. That being the case it all looks fine, my only comment concerns point 11 below:



You've already said under item 4. that the particulars refer to a Vanquis card so you can identify what the claim refers to. I'd word it more like: "To date, I’ve not received a copy of the consumer credit agreement, therefore I’m unable to assess my position with regards to this claim."

No, haven't receive anything from WH yet.

Thank you flaming.

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Uudate

I received a reply from WH today.


8 September 2015
Private and Confidential
Dear xx xxxxxxx
Cabot Financial (UK) Limited -v- xxxxxxxxxxx
Claim Number: xxxxxxxxxx
We continue to act for the Claimant in the above matter.
Further to your letter and attachment dated 31 and 28 August 2015 respectively, please note that your account only remains unenforceable during the time in which your Consumer Credit Act request for information is unsatisfied.
We have made a request to our Client for such documentation and expect to receive the same shortly.
For the avoidance of doubt we will not be discontinuing the Claim and will continue to comply with directions of the Court as and when they arise.
Yours sincerely

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Hello again, is this a bad news for me?

[FlamingParrot]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Uudate

I received a reply from WH today.

8 September 2015
Private and Confidential
Dear xx xxxxxxx
Cabot Financial (UK) Limited -v- xxxxxxxxxxx
Claim Number: xxxxxxxxxx
We continue to act for the Claimant in the above matter.
Further to your letter and attachment dated 31 and 28 August 2015 respectively, please note that your account only remains unenforceable during the time in which your Consumer Credit Act request for information is unsatisfied.
We have made a request to our Client for such documentation and expect to receive the same shortly.
For the avoidance of doubt we will not be discontinuing the Claim and will continue to comply with directions of the Court as and when they arise.
Yours sincerely

Hello again, is this a bad news for me?

Not really, it doesn't make much difference at this point. They obviously think they can obtain the paperwork in the near future, however, that's outside their control as it's the original lender who would have the documents. The directions of the court they allude to will include providing you with the documents at least 14 days before the date of the hearing. If they are not able to get their hands on the paperwork, they'll have to discontinue the case anyway due to being unable to comply with directions of the court, unless they are skilled magicians. At that point you may be able to claim your LIP costs and disbursements and make the point they decided to carry on with a claim despite being aware it was going nowhere. :grin: