Christmas Eve and I am stressed! Cabot claim arrived!

[serendipity102]

Post has just arrived and I have a court claim form from Cabot - feeling physically sick!

The claimant claims payment of the overdue balance due from the defendant under a contract between the Defendant and Vanquis dated on or about Feb 2008 and assigned to the claimant in Feb 2014 (I havent put the full dates cos I don't want them searching and seeing my post!)

I have done all the stuff other posts have said to do on the moneyclaim.gov.uk website but I am confused as to what to put on my CPR request.

Claim says: Date ??/11/2014 Default Balance £3000+ Post Refrl Cr NIL TOTAL 3000.00 (again specific information removed)

I know its Xmas Eve and you all have better things to do but I don't know what to do

[Amethyst]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Don't feel sick honestly you can deal with it - it's a Vanquis Credit Card and they must supply you with a copy of the agreement and terms to enforce the debt, as well as evidence they have the right to claim the debt from you.

CPR request you can only really ask for the contract as that is the only document they have mentioned so just put Contract / Agreement.

Make sure you have acknowledged on MCOL and make sure you send a CCA request with a £1 postal order to CABOT. The CCA request is the most important bit here.

You have 33 days from the date of issue to put in a defence and you won't hear back from CABOT till after Christmas ( CABOT will reply saying they need to go back to the Original Creditor (Vanquis) to get the documents.), so you should relax and have a lovely Christmas and come back in the New Year :christmas3:

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Hi, I did as was suggested and have today received a letter back from the solicitors involved.

It says it acknowledges my CPR request and goes on to state ' I would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy'. It also says that the 'other documents you have requested are not mentioned in the Particulars of Claim and therefore CPR31.14(1) does not apply'.

They returned my letter and my £1 postal order.

I have yet to hear from Cabot.

What do I do now? The particulars of claim section states ' The claimant claims payment of the overdue balance due from the defendant under a contract' .

I really do appreciate your help.

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Anyone?

[Kati]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Hi Serendipty, someone will be along soon to advise ... have you acknowledged the claim on MCOL as Amethyst said in post #2?

K x

[Amethyst]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Hi, I did as was suggested and have today received a letter back from the solicitors involved.

It says it acknowledges my CPR request and goes on to state ' I would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy'. It also says that the 'other documents you have requested are not mentioned in the Particulars of Claim and therefore CPR31.14(1) does not apply'.

They returned my letter and my £1 postal order.

I have yet to hear from Cabot.

What do I do now? The particulars of claim section states ' The claimant claims payment of the overdue balance due from the defendant under a contract' .

I really do appreciate your help.

Did you send a CCA request to Cabot with another £1 ?

( the £1 goes with the CCA letter not the CPR letter so it';s fine they returned that one to you)

The letter you have had back from the solicitors is quite standard so don't worry, it's an example of you asking for the information and them refusing to supply it which all helps later on.

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Thanks Amethyst. Yes I sent the CCA request with the £1 but I still haven't heard from them. Whats the MCOL mentioned? Is that where I went online and acknowledged that I had received the claim?

[Amethyst]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Yes : money claim on line - https://www.moneyclaim.gov.uk/web/mcol/welcome

Cabot will write back eventually saying they will request the agreement from the original creditor and it will take 40 days.

Regardless of that you still need to put your defence in before the deadline ( 28 days from when you received the claim)

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Just checked post office website and cabot signed for my letter on 5th Jan so they still have plenty of time left to reply.

[Amethyst]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Can you just check what the date of issue is on the claim form ? ( I know you received it Christmas Eve just checking how long it took to reach you )

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

OK - postie has just been and I have a letter from the court saying that they acknowledge receipt of my defence.

I think I may have mucked up under pressure when the forms all arrived on Xmas Eve. I sent the letters as advised about the CCA and CPR and did the MCOL thing. I seem to remember that there was a section on the online court thing which said about defence and I think that I put that I had no recollection of the debt.

The letter from the court that I have received this morning (dated 29.12.14) says that they acknowledge receipt of my defence and a copy is being served on the claimant (or their solicitor) and that they may contact me directly to resolve any dispute. If the dispute cannot be resolved informally the claimant will inform the court that he wishes to proceed. The court will then inform me of what will happen. Where he wishes to proceed the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed the claim will be stayed. THe only action that the claimant can then take will be to apply to a judge for an order lifting the stay.

Have I mucked up?

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Issue date was 22.12.14

I am so grateful for your help

[Ruby]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

I truely sympathize how stressed you must be feeling and as for receiving a court claim on Christmas Eve is a new all time low for Cabot!!!! Christmas is supposed to be a time of goodwill towards each other - something Cabot would know nothing about.......

I have just had the 'best rest' this weekend after attending court last week with these awful demons. I won my case.

What year did you open your account with Vanquis? When did you default on the account? I have heard that Vanquis went through a phase of farming out non compliant default notices circa 2009 - something you should also bear in mind.

CCA request is absolutely vital to do at the moment - that is your key :tinysmile_twink_t2:

Take care and try not to stress too much

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Thanks Ruby.

If I am honest, I have no idea when this 'contract' may or may not have been entered into/defaulted etc.

I had quite a long period of time (ie dodgy relationship!) when I wasn't really in control of things. Managed to come out of that and started to rebuild a life - ironically thinking what a good year 2014 had been - only to be hit on Xmas Eve tthis!

The CCA request has been done and was signed for on 5.1.14

[Ruby]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

When you get a response from your CCA request things may become clearer. Vanquis I assume you know are a credit card company.

I can't help you with court protocol, there are others on this site who have much better knowledge of this, however if your court date falls before you get a response from Cabot then your hearing will just be postponed to another date until they produce their evidence, or not.