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

[lord_elven]

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

Hi,

Sorry I havnt responded in a few weeks.

I filed my defence on time and it has been registered as received.
Regarding the extension, I never received any notification at all.

However I have recently received the attached letter offering me an out of court payment plan.
I reckon this is a last ditch attempt at trying to get me to admit the claim so they can go ahead with the CCJ anyway. :badidea:

Thoughts?

[nemesis45]

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

Hi,

Sorry I havnt responded in a few weeks.

I filed my defence on time and it has been registered as received.
Regarding the extension, I never received any notification at all.

However I have recently received the attached letter offering me an out of court payment plan.
I reckon this is a last ditch attempt at trying to get me to admit the claim so they can go ahead with the CCJ anyway. :badidea:

Thoughts?

It would seem not they are offering an out of court settlement so no judgement.!

Have you received the CCA??

nem

[FlamingParrot]

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

However I have recently received the attached letter offering me an out of court payment plan.
I reckon this is a last ditch attempt at trying to get me to admit the claim so they can go ahead with the CCJ anyway. :badidea:

Thoughts?

Not quite, a settlement is not the same as an admission. If you receive a claim and file an admission asking for time to pay, then the claimant can request judgment, an admission is the civil equivalent of 'pleading guilty' in criminal proceedings, the claim is undisputed so the claimant wins without the need for a hearing.

In this case they are suggesting settling the claim before there is a hearing, which could be done via a Tomlin order which would stay the proceedings as long as you keep to the terms of it (the agreed instalments). It's only worth looking into if you feel your defence is weak.

[lord_elven]

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

Hey,

Thanks for your replies.

I havn't received any paperwork other than their responses and this latest letter offering settlement.
At this moment in time I am confident that I have a strong defence since they have not proved nor provided proof by way of the documents requested.

[FlamingParrot]

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

Hey,

Thanks for your replies.

I havn't received any paperwork other than their responses and this latest letter offering settlement.
At this moment in time I am confident that I have a strong defence since they have not proved nor provided proof by way of the documents requested.

That may well be the reason behind their offer, if they had them they'd have sent them to you. They obviously don't feel confident to be able to obtain them. :grin: :grin: :grin:

[lord_elven]

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

So in light of this, I'm just going to sit tight and wait a few more weeks - logging into the MCOL site regulary to keep an eye.
If this becomes the status quo, what will happen next?

[FlamingParrot]

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

So in light of this, I'm just going to sit tight and wait a few more weeks - logging into the MCOL site regulary to keep an eye.
If this becomes the status quo, what will happen next?

Have you received notice from them or the court that they intend to proceed with the claim? They need to respond to your defence within 28 days or the case will be stayed, but that happens automatically and you won't be informed. If they decide to proceed you'll receive the N180 small claims directions questionnaire to fill in and return. After that the court gives directions to supply you with the documents at least 14 days before the hearing. :thumb:

[lord_elven]

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

Nothing received as yet so heres to hoping it stays that way and the claim get stayed. :bounce:

[lord_elven]

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

Hey,

I received a letter from their solicitors stating they intend to proceed. I don't see how they can without any documents to back this up??

And this morning I received a letter from the court stating that it will go down the small claims track.
The questionnaire is a bit thin on the ground however I guess I just fill it in and send back as directed...

[nemesis45]

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

Hey,

I received a letter from their solicitors stating they intend to proceed. I don't see how they can without any documents to back this up??

And this morning I received a letter from the court stating that it will go down the small claims track.
The questionnaire is a bit thin on the ground however I guess I just fill it in and send back as directed...

Any claim under £10K usually is allocated to the SCT, you are correct complete and return.

nem

[lord_elven]

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

Hey,

So after a few Months I received a letter today stating they are Discontinuing my case.

So Job done

Thanks for your advice.