Cabot v Wiregirl81

**Kafka** · 24th November 2014, 20:08:PM

Re: Cabot v Wiregirl81

Hello and welcome

Vanquis credit cards are issued generally to people with a poor credit rating and they charge an even higher rate of interest. The idea is that if you can manage one successfully it can help to repair your credit rating. I think their other product is Aquis cards.

You wouldn't have logically taken out one of these unless you had problems getting one of the others. Can you recall what other cards you've had?

**wiregirl81** · 24th November 2014, 20:12:PM

Re: Cabot v Wiregirl81

Originally posted by Kafka View Post

Hello and welcome

Vanquis credit cards are issued generally to people with a poor credit rating and they charge an even higher rate of interest. The idea is that if you can manage one successfully it can help to repair your credit rating. I think their other produce is Aquis cards.

You wouldn't have logically taken out one of these unless you had problems getting one of the others. Can you recall what other cards you've had?

Hi Kafka,

I currently have a capital one card and a santander card.

**Amethyst** · 25th November 2014, 10:22:AM

Re: Cabot v Wiregirl81

I have acknowledged the claim and stated that I intend to defend it in full. I am about to send off a CCA request letter to Cabot and a CPR request to the solicitor.

Perfect

xx

What've you asked for in your CPR request ?

Particulars of claim: The claimants claim is for debt arising from Consumer Credit Act 1974 Agreement(s). The Claimant is an Assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Vanquis. Account no. xxxxxxxxxxxx #xxxxx. Despite demands for payment, the above sums remain due. The Claimant therefore claims the sum of #xxxxxx interest under s.69 County Courts Act 1984 and costs.

Does anything at all show on your credit file for Vanquis?

**wiregirl81** · 25th November 2014, 14:09:PM

Re: Cabot v Wiregirl81

Hi Amethyst,

I have checked my credit file on Noddle and nothing from Vanquis is showing.

The three documents you highlighted I have asked for, but I'm not sure whether I have worded them correctly - I have just written:

1. Agreement
2. Notice of Assignment
3. Formal Demand
Do you think this will be ok?

**nemesis45** · 25th November 2014, 14:23:PM

Re: Cabot v Wiregirl81

Might be worth checking a main stream CRA such as Equifax or Experian as Noddle is not always up to date.

**wiregirl81** · 2nd December 2014, 12:24:PM

Re: Cabot v Wiregirl81

Hi,

I have received a letter from the solicitors which doesn't really seem to say anything. I sent them a CPR request last week and they have replied with:

"We write further to your letter dated 24th November 2014.

We note that a County Court Claim was issued on 19th November 2014. The Court will have sent you a response pack to the claim and we would ask that you read the instructions and guidance notes on how to complete this and respond accordingly.

You may wish to see your own independent legal advice in this regard.

Please note that if you fail to respond by 3rd December 2014, we will proceed to apply for Judgment in Default."

I returned the court claim form at the same time that I sent the CCA and CPR letters. What would you suggest I do now? Send the CPR request letter again? I haven't heard anything back from Cabot following my CCA request letter.

Thank you

**wiregirl81** · 3rd December 2014, 20:28:PM

Re: Cabot v Wiregirl81

Hello,

I checked with the court and my form saying I am going to defend in full has been received by them.

Does anyone have any advice on my next move? I have 13 days I think to put my defence in. Nothing has come back from Cabot following my CCA request. Should I repeat my CPR request with the solicitor?

thanks

**Kafka** · 3rd December 2014, 23:04:PM

Re: Cabot v Wiregirl81

Basically they have ignored your CPR request. I would write again reminding them that they still haven't complied with your request for disclosure of the relevant documents. Also good news that there's no response to the CCA request. Looks like you will be submitting a standard defence on the grounds that they have failed to justify the claim and failed to respond to your rights for disclosure.

Watch t
he dates because the date of service is 5 days after issue, not 6 as you state. Also note that they
state it was issued a week later, as this might be a trick to mislead you into submitting a defence too late. their threat to seek default judgment before you've had your court's time for defence will also look good for your defence :juge:

**wiregirl81** · 4th December 2014, 15:23:PM

Re: Cabot v Wiregirl81

Ok, thanks Kafka, I'll send the solicitor another CPR letter and will just wait and see what they come back with. How is it best to submit a defence? Via letter or email? Or online? I am not able to log in to the Moneyclaim website as it keeps saying password incorrect, when it really isn't - I have tried it so many times. Another fly in the ointment!

**Kafka** · 4th December 2014, 16:05:PM

Re: Cabot v Wiregirl81

You can send the defence directly by email to the court so don't need to log in. Keep an eye on dates and get this to them a few days ahead of the deadline, in case there are any technical problems.

**wiregirl81** · 12th December 2014, 15:25:PM

Re: Cabot v Wiregirl81

Hello again. I have still not received anything at all from Cabot, or a response to my second CPR request to Wright Hassall. I am looking to email my defence on Monday - a couple of days before it is due.

Could somebody please have a look at my planned defence and advise? I didn't ask for an extension of time, so I have left that bit out.

Is point 6 ok?

Could you advise whether I include Kafka's point above, that they have threatened to seek default judgment before I have had court's time for defence? And how am I best wording that?

Again, thank you very much for your help and time.

1.I received the claim XXXXXXX from the Northampton County Court on 19^th November 2014.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has previously entered into an agreement with Vanquis for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

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

6.The Claimants statement of case states that Cabot Financial UK Limited is an Assignee of the debt and notice of the assignment has been given to the Defendant in writing. No date is given in the statement of case for when the Notice of Assignment is alleged to have given to the Defendant. The Defendant does not recall receiving notice of this assignment.

7.It is denied that Vanquis served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8.On the 27^th November 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Wright Hassall LLP. I requested the Claimant provide copies of the Agreement, Notice of Assignment and formal demand for payment.

9.On the 4^th December 2015 I sent a second request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Wright Hassall LLP. I again requested the Claimant provide copies of the Agreement, Notice of Assignment and formal demand for payment.

10.Wright Hassall LLP has not sent any of these documents to me.

11.On the 24^th November 2014 I sent a formal request for a copy of the original agreement to Cabot Financial UK Limited pursuant to sections 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.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.

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.

15.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.

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

**spirit2534** · 12th December 2014, 22:42:PM

Re: Cabot v Wiregirl81

Looks like a standard Cabot /Wright Hassell defence !

Any comments please.

**wiregirl81** · 15th December 2014, 10:15:AM

Re: Cabot v Wiregirl81

Yes it does seem that way Spirit, thanks.

Can anybody else have a quick look at my defence and comment? Thank you.

**Amethyst** · 15th December 2014, 15:07:PM

Re: Cabot v Wiregirl81

Hi, Thanks for the PM, am just having a read

xxx Sharon xx

Cabot v Wiregirl81