Court Claim - Cabot financial limited / vanquis - 15-9-2014

[micky1]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

thank you so much for that

[micky1]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

another quick question .For defence do I need state my name and address at the top for the defence or is it just claim number?

[micky1]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

after I submitted my defence last night,i received a reply from cabot. saying Cabot financial currently dose not have this information on file.However,we have requested the relevant information under section 77 and /or 78 of the consumer credit act 1974 from the original lender. we anticipate we will be able to provide this information within 40 days.in the event we are unlikely to obtain this information within those time limits,we will write to you again.so what my next step please.

[MIKE770]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

they had 12+2 days only before the request for a CA1974 is in default

40 days relate to a SAR request

[Amethyst]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

Hi micky

Your next step is to wait for the court to send the defence to the claimants, and for them to respond to the court, and you, whether they wish to continue or not. You should get a letter next week from the court saying they have sent to defence to the claimants and they have 28 days to respond or the claim is stayed.

Nothing else to do now other than report back here with anything you receive,

Sharon
xx

[micky1]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

Thank you for all replys. what about letter that I received this morning.should I not try and ad it to my defence some how,as my defence stated I have not had reply from cabot or Mortimer.But they now admit they have no paper work and will try get them within 40 days?

[Amethyst]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

That';s quite standard, not sure why they are always sticking with 40 days, but there we are, all we can do is wait for the 28 days to be up and see if they respond to the court. There's no need to add that letter to your defence but keep hold of it for later if we get to witness statements/hearing etc.

[micky1]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

hello all just a quick update: I did receive letter from the court acknowledging my defence.
I did also receive letter from Mortimer saying they received my letter and they have requested documents from their client and will forward these to

Now I have received another letter from Mortimer it says. you state particulars of the claim are vague and do not give adequate information. however the particulars of claim clearly state that this matter relates to a credit agreement you entered into vanquish for credit card on or around ../../..... We note you have not disputed entering into this credit agreement.if you deny entering would you please advise. you have failed to put forward any valid defence in this matter. We therefore enclose a statement of means. They asking to fill it in and return it to them within 14 days.

Then on page 2.they are offering 40% discount and can take advantage of this offer.


I don't no if I need to reply to them as defence has been submitted and i would of thought everything should be done thrue the courts. What should I do now please.are they just tricking me into paying?
Thank you so much for all your help so far

[micky1]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

Any advice regarding post above would be great,as really don't want to do the wrong thing regarding this matter.it all seems so confusing and unsure of the best approach. Thank you in advance.

[FlamingParrot]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

hello all just a quick update: I did receive letter from the court acknowledging my defence.
I did also receive letter from Mortimer saying they received my letter and they have requested documents from their client and will forward these to

Now I have received another letter from Mortimer it says. you state particulars of the claim are vague and do not give adequate information. however the particulars of claim clearly state that this matter relates to a credit agreement you entered into vanquish for credit card on or around ../../..... We note you have not disputed entering into this credit agreement.if you deny entering would you please advise. you have failed to put forward any valid defence in this matter.

Presumably they are arguing the points you made in your defence, which the court would have forwarded to them. Funny they should say you have failed to put forward a valid defence when they've not supplied anything to substantiate their claim.

We therefore enclose a statement of means. They asking to fill it in and return it to them within 14 days.

Then on page 2.they are offering 40% discount and can take advantage of this offer.

I don't no if I need to reply to them as defence has been submitted and i would of thought everything should be done thrue the courts. What should I do now please.are they just tricking me into paying?
Thank you so much for all your help so far

Yes, you have submitted your defence and, from the above, it looks like they've decided to proceed with the claim, it also looks like they're not too confident that they'll be able to obtain the documents as their client will, in turn, have to go back to Vanquis to request them.

The law allows for matters to be settled at any point right up to the hearing, so either party can put forward settlement proposals, however, there is no obligation to accept them. The way I see it, why would they want to have a few puffs when they could have the whole cigar? :smokin:A CCJ would be for the full amount claimed and they'd be able to enforce it in various ways, so why offer you a 40% discount if they are positive they can win? :noidea:

[FlamingParrot]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

Any advice regarding post above would be great,as really don't want to do the wrong thing regarding this matter.it all seems so confusing and unsure of the best approach. Thank you in advance.

It's up to you, as above, you don't have to respond to their proposals, you can take it all the way to the hearing if it comes to that. It all depends on how confident you are that they won't produce the documents which seems to be your main argument here, isn't it? Basically lack of response to your CCA request. They don't seem too confident themselves! :grin:

[micky1]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

Thank you so much for your reply. Help from all of you guys have been so helpfull . That's what I was thinking about the offer they have made, I thought It was strange to offer 40% off the original amount that if they won the case I would have to pay full amount. When I received letter from the court business centre it said my defence will be sent to them and they will have 28 days to reply,28 days are not up yet so don't no what they are planning to do, unless it depends on my reply ,to what they are going to do. So would you think it be best just to reply short letter saying I would not take them up on the offer.And do I need to coment anything about the part where they are questioning my defence? Thank you so much

[FlamingParrot]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

Thank you so much for your reply. Help from all of you guys have been so helpfull . That's what I was thinking about the offer they have made, I thought It was strange to offer 40% off the original amount that if they won the case I would have to pay full amount. When I received letter from the court business centre it said my defence will be sent to them and they will have 28 days to reply,28 days are not up yet so don't no what they are planning to do, unless it depends on my reply ,to what they are going to do. So would you think it be best just to reply short letter saying I would not take them up on the offer.And do I need to coment anything about the part where they are questioning my defence? Thank you so much

The court allows the claimant 28 days to respond after receiving the defence, otherwise the claim is stayed. You have submitted your defence so there's no need to argue any further with them at this stage, it's up to them to decide whether to proceed or not. It seem to be a new strategy being used by Crapbot/MC as you can see on this other thread where they've done exactly the same, they've not replied to the court but they have sent a letter arguing the points used in the defence and another letter offering a 40% discount: http://www.legalbeagles.info/forums/...245#post490245

[micky1]

Re: Court Claim - Cabot financial limited / vanquis - 15-9-2014

Thank you ever so much for your replay. I will kepp you updated on what happens.And how they get on with the new way they doing things.Thank you again.