Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

[lord_elven]

Received a claim? Yes
Issue Date: 21-5-2015
Amount approx: £528.59
Claimant: Cabot Financial UK Limited
Solicitor: Weightmans LLP
Original Credit: Vanquis

Particulars of Claim:
1. The Defendant entered into a credit agreement described bt the original creditor as VANQUIS-CREDIT CARD and having account number XXXXXX ('The Account')

2. The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.

3. The Defendant is indebted to the Claimant in respect of the account in the sum of £528.59

4. The Claimant claims the said sum of £528.59, plus costs.

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Firstly,
Thank you for looking at this.

Secondly,
I don't have any knowledge that I can recall ever taking out a credit card with Vanquis. However I have checked my credit file. According to the records, it was started on 08/05/2007 and they are on there as a default since 31/03/2010

I received a respponse letter today 03/06/2015 from Cabot Financial after sending them the CCA request and the body of it is below:

Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.
We currently do not have this information on file, however we have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

What happens next?

We anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

Signed off yada yada....

The time limit they have imposed will not work with the 28 day deadline I have from the court.
Any advice, hints tips etc... would be very much appreciated.

[FlamingParrot]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

I don't have any knowledge that I can recall ever taking out a credit card with Vanquis. However I have checked my credit file. According to the records, it was started on 08/05/2007 and they are on there as a default since 31/03/2010

I received a respponse letter today 03/06/2015 from Cabot Financial after sending them the CCA request and the body of it is below:

Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.
We currently do not have this information on file, however we have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

What happens next?

We anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

Signed off yada yada....

The time limit they have imposed will not work with the 28 day deadline I have from the court.
Any advice, hints tips etc... would be very much appreciated.

That is their standard template letter response to EVERYONE who sends them a CCA request, no idea why, 40 days is the time allowed for a SAR, it should be 12+2 working days for a CCA request. Having said that, failing to comply with a request under s.78 of the CCA is a bar to enforcement, albeit only while they are in default, i.e. they can produce the document at any time even outside the above time frame. You do not need to chase the CCA request for that reason, if they don't provide it you can use that fact in your defence, especially if you do not recall having a Vanquis card, you'd need a document showing you actually had one.

You seem to have done everything so far, the one you need to chase is the CPR request which they should respond to in seven days. If Weightmans don't send you the documents, you can ask them to agree to an extension of 28 days to file your defence which is the maximum allowed under CPR 15.5. :thumb

[lord_elven]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Hi and thanks for the reply,

I'll give them the seven days and then proceed as suggested.

Thanks again.

[lord_elven]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Hi,

So Weightmans LLP have responded as below:

We write furter to your correspondence dated 1 june 2015

Whilst we have requested copies of your credit agreement from the original creditor, it may take a period of time to obtain copies of this document.
Once we are in receipt of this document however, it will be forwared to you without delay.

Please note that once directions have been provided by the Court to take this matter to trial, a deadline will then be provided for both parties to disclose all
documents on which they seek to rely on at trial. In the event that you proceed to make an application under CPR 31.14 for disclosure of these documents, we hereby
put you on notice that we will oppose the same, placing this correspondence before the Court, and seek our costs of opposing this application from yourself directly.

In accordance with CPR 15.2, you must file a defence to proceedings, by the deadline specified by the Court,
should you wish to defend this claim to trial. In the event you fail to do so, our client could request a default judgment be entered against you pursuant to CPR 15.3 and CPR 12.3.

Please note, in the event that you fail to file a defence within the specified time period, resulting in our client obtaining a default judgment against you which you later seek to have set aside, we will
draw the contents of this correspondence to the Court's attention both in opposition of your application to have the default set aside and on the issue of costs.

We trust that the above clarifies our client's position but should you require any further information, please do not hesitate to contact a member of the Commercial Recoveries team.

Signed off as Weightmans LLP

Your advice is greatly appreciated.

[FlamingParrot]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Hi,

So Weightmans LLP have responded as below:

We write furter to your correspondence dated 1 june 2015

Whilst we have requested copies of your credit agreement from the original creditor, it may take a period of time to obtain copies of this document.
Once we are in receipt of this document however, it will be forwared to you without delay.

I would reply saying that, in view of the fact that they are not in a position to supply the documents you require to be able to prepare your defence, you would like to ask them to agree to a 28 day extension to file your defence, as allowed under CPR 15.5. https://www.justice.gov.uk/courts/pr...es/part15#15.5

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

If they agree, you need to inform the court of the agreement. If your deadline is approaching and you're running out of time, this can all be done by email.

[lord_elven]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Right,

I have sent an email with a letter attached requesting they agree to 28 day extention.
Is there any thing more I need to be doing now other than count down the days...?

Thanks

[lordelven]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Hey,

So I have not heard from either Cabot nor Weightmans since and time is marching on for me to put my defence in.
What do I do?
Do you think i have given them enough time to repsond adequately?

Thanks.

[FlamingParrot]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Right,

I have sent an email with a letter attached requesting they agree to 28 day extention.
Is there any thing more I need to be doing now other than count down the days...?

Thanks

That was a week ago! Did you ever get a reply?

Hey,

So I have not heard from either Cabot nor Weightmans since and time is marching on for me to put my defence in.
What do I do?
Do you think i have given them enough time to repsond adequately?

Thanks.

Yes, they should have responded to the CPR request in 7 days so more than enough time. You need to either chase them for the extension or be prepared to submit a generic defence based around not having received anything from them. An example can bee seen here: http://www.legalbeagles.info/forums/...t-Court-Claims

[nemesis45]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Hey,

So I have not heard from either Cabot nor Weightmans since and time is marching on for me to put my defence in.
What do I do?
Do you think i have given them enough time to repsond adequately?

Thanks.

Check with the court to make sure nothing has been filed without you knowing.

nem

[FlamingParrot]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Received a claim? Yes
Issue Date: 21-5-2015

Your defence will be due by next Tuesday, 23 June 2015: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

[lord_elven]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Thanks guys,
I have just checked the current status online and it still received ack. So I guess they have not done anything else.

I will wait until Wednesday this week which gives me some time to write up a draft etc...

[nemesis45]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Thanks guys,
I have just checked the current status online and it still received ack. So I guess they have not done anything else.

I will wait until Wednesday this week which gives me some time to write up a draft etc...

That's fine, when you have a draft ready post it here and we'll go through it with you.

nem

[lord_elven]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Well today is the day of reckoning, wish me luck

[nemesis45]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Well today is the day of reckoning, wish me luck

I'm sure we all wish you every success!!:tinysmile_twink_t2:

nem

[FlamingParrot]

Re: Court Claim - Cabot Financial UK Limited / Vanquis - 21-5-2015

Your defence will be due by next Tuesday, 23 June 2015: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

Well today is the day of reckoning, wish me luck

Have you filed your defence? Did you not receive an email agreeing to an extension as discussed above? :typing: