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

**FlamingParrot** · 3rd October 2014, 22:46:PM

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

Welcome to LB

Originally posted by micky1 View Post

I have received a claim form from county court business cente regarding a visa vanquish credit card which I took out in 2008 and did not have for very long at all.I would like some help please on how to do things.i have completed online aos.claimant is cabot and the solicitors are Mortimer. I have not received any information such as credit agreement,payments statements or anything like that.Also the court claim form is signed Mortimer Clarke Solicitors,and from what I have read it needs to be signed by a person.Im really short of time I no ,this is due to hoping to get help from cab.But they did not help at so im hoaping to get some help here maybe.Thank you so much in advance

Stat Barred?

Have sent: Acknowledged the Claim

Other Info:
It mite be statue bared but not sure on that.I havnt been in contact with cabot or made any payments to them

Cabot would have bought the account from Vanquis and the clock would run from when you last made a payment to them. It all depends on WHEN in 2008 you last paid.

Take a look at this thread with regards to the steps you should take: http://www.legalbeagles.info/forums/...it-Court-Claim

Also this post with regards to finding out last payment dates: http://www.legalbeagles.info/forums/...233#post388233

**FlamingParrot** · 3rd October 2014, 22:52:PM

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

Originally posted by micky1 View Post

I have received a claim form from county court business cente regarding a visa vanquish credit card which I took out in 2008 and did not have for very long at all.I would like some help please on how to do things.i have completed online aos.claimant is cabot and the solicitors are Mortimer. I have not received any information such as credit agreement,payments statements or anything like that.Also the court claim form is signed Mortimer Clarke Solicitors,and from what I have read it needs to be signed by a person.Im really short of time I no ,this is due to hoping to get help from cab.But they did not help at so im hoaping to get some help here maybe.Thank you so much in advance

The CABs are good in certain areas, consumer credit litigation just isn't one of them.

The calculator here shows your defence should be in by October 18th so you still have a little time: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

If you send the CPR request they should respond in 7 days, they never do, and you can then ask them to agree to an extension of up to 28 days as per CPR 15.5. :thumb:

If you are pretty sure your last payment was before September 2008 you could submit a SBd defence and the onus would be on THEM to prove it isn't, for example by showing a payment was made after that. Have a think about it.

**micky1** · 4th October 2014, 08:57:AM

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

Thank you so much for quick reply.In the particulars of claim it states By an agreement between Vanquis Bank ltd(''VANQ'')& the defendant on or around 18/12/2008. Im not sure how correct that is.And also why is it not the exact date,but says on or around shortly if they had information about the acc they would state exact date.is that correct.How long do I have to give them in letter to supply the paper work please?

**Kafka** · 4th October 2014, 09:18:AM

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

What does your credit file say about the date when the account opened?

**micky1** · 4th October 2014, 09:30:AM

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

im afraid I don't have original paper work as have moved since. another thing is card limit on it was 250 so I guess rest would be interest or late payment fees.

**MIKE770** · 4th October 2014, 09:48:AM

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

a default on credit file will show date account opened?????

**micky1** · 4th October 2014, 10:06:AM

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

In the particulars of claim it states
By an agreement between Vanquis Bank ltd(''VANQ'')& the defendant on or around 18/12/2008 (''the agreement'')VANQ agreed to issue the defendant with a credit card upon the terms & conditions set out therein.In breach of the sgreement the defendant failed to make minimum payment due &the agreement was terminated.the agreement was assigned to the claimant on 26/08/2011 the claimant therefore claims xxx.xx so according to them its on or around 18/12/2008 I guess don't no how true that is and sounds like they don't have exact date themselves??

**micky1** · 16th October 2014, 13:47:PM

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

would somebody please be kind and help me with defence. also would like to no what part I can use for court claim form not being signed by person but company please, also any revelant parts I can use please .Any help would be great. Thank you in advance

**micky1** · 17th October 2014, 17:27:PM

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

hi guys please anyone can offer advice with my defence I have to submit it tonight?????????????

**Amethyst** · 17th October 2014, 17:51:PM

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

Hi Micky

Theres an example defence in the library will get you a link - http://www.legalbeagles.info/forums/...t-Court-Claims - you'll need to go through and amend it to suit your case then post it back up here for checking.

When is your actual defence deadline ? Ah Saturday, October 18, 2014 - should be okay submitting Monday morning then.

Just reading back through your thread.

**Amethyst** · 17th October 2014, 17:53:PM

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

So Vanquis credit card, you've sent cca and cpr requests and had no documents back ?

Should be quite straightforward task of following the example I linked to - you want s. 78(1) and s.78 (4) for a credit card debt.

Its unlikely to be stat barred if you didn't open the account until 2008.

**micky1** · 17th October 2014, 18:45:PM

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

thank you so much for your reply. yes I think it is pretty straight forward and standard template should be ok.But still wanted advice just to make sure I get it correct as not done anything like this before.No not had reply from them .And I no I didn't have acc for long at all,but I do agree don't think its statue barred. Do I refer to my self as I or defendant please?and how would I please word about claim form not signed properly please?Thank you so much

**Amethyst** · 17th October 2014, 18:50:PM

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

I'll find the bit about the claim form being signed by the company rather than a person for you.

I think in the example I've used I and my etc so stick with that rather than talking in the 3rd Party (ie. The Defendant).

Happy to check it over for you xx

**Amethyst** · 17th October 2014, 18:53:PM

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

Add something like this near the beginning of the defence;

The Claimant's have not complied with the CPR in that the statement of case has not been verified with a statement of truth pursuant to CPR 22.1 (6)(ii).

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