Court Claim - Cabot / Vanquis - 12-5-2015

[med2uk]

Received a claim? Yes
Issue Date: 12-5-2015
Amount approx: 1,581.90
Claimant: Cabot
Solicitor: Wright Hassall LLP
Original Credit: Vanquis

Particulars of Claim:
The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The Claimant is an Assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Vanquis Credit Card. Account no XXXXXXXXXXXX 1,431.90 Despite demands for payment, the above sums remain due. The Claimant therefore claims the sum of 1,431.90 interest under s.69 County Courts Act 1984 and costs.

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I panic and send a basic defence, that i do not know anything about the debt, i received a small clains directions questionnaire, and again panic and send it with witness statemant to the Court and copy wright hassall LLP the claimant's solicitor, and now i receive a date for small claims track hearing for the 14/10/2015.

[Kati]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

hi again Med is there any chance you could post up redacted copies of your defence?? Don't worry ... there are lots of knowledgeable Beagles on here who can advise you xx

[skilganon]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

i notice that you have said yes to this being statute barred ?

do you know when you last made a payment against this a/c, or last acknowledged this a/c ?

[Kati]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

have you had replies to your cca and cpr requests??

[nemesis45]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Statute Barred England & Wales (debt arising from simple contract) i.e. Credit Card.

6 years with no payment or unequivocal written acknowledgment of the agreement.
The relevant 6 year period start when a contractual payment is due and not made after
which no further payment or written acknowledgment of the debt was ever made.
Equates to one month after the last payment.

nem

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

i notice that you have said yes to this being statute barred ?

do you know when you last made a payment against this a/c, or last acknowledged this a/c ?

According to my credit file the account was defaulted by Cabot Financial on the 30/11/2009, on the 14/05/2015 i send C.P.R 18 request for information as to what date is shown as the date when the last payment was made into this account, never received a reply. I'm not sure when last payment was made into the account

- - - Updated - - -

have you had replies to your cca and cpr requests??

No, i'm going to post copies of letters from them

[nemesis45]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

According to my credit file the account was defaulted by Cabot Financial on the 30/11/2009, on the 14/05/2015 i send C.P.R 18 request for information as to what date is shown as the date when the last payment was made into this account, never received a reply. I'm not sure when last payment was made into the account

- - - Updated - - -



No, i'm going to post copies of letters from them

Cabot did not default the account, they have no authority to do so,
the default was placed by the original creditor some time prior to it
selling the debt to Cabot.
Last payment would be up to 6 months prior to the default being registered.
to the CRA.s.
Cabot will not have that data.

nem

Could be quicker and easier to ask Vanquis when the last payment was made

[skilganon]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

sounds very much to me that this was very close to becoming statute barred, or possibly is statute barred, which is why cabot have issued a claim, to reset the clock.

as nem said it may be quicker, easier and possibly beneficial to go straight to vanquis to obtain the date of the last payment made.

[FlamingParrot]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Received a claim? Yes
Issue Date: 12-5-2015
Amount approx: 1,581.90
Claimant: Cabot
Solicitor: Wright Hassall LLP
Original Credit: Vanquis

Particulars of Claim:
The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The Claimant is an Assignee of the following debts, notice of the assignment having been given to the Defendant in writing. Vanquis Credit Card. Account no XXXXXXXXXXXX 1,431.90 Despite demands for payment, the above sums remain due. The Claimant therefore claims the sum of 1,431.90 interest under s.69 County Courts Act 1984 and costs.

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I panic and send a basic defence, that i do not know anything about the debt, i received a small clains directions questionnaire, and again panic and send it with witness statemant to the Court and copy wright hassall LLP the claimant's solicitor, and now i receive a date for small claims track hearing for the 14/10/2015.

Is there any chance you could post up what you've sent (removing all personal details)? :typing: Excluding the directions questionnaire which is a standard document. Just your defence and witness statement.

Statute barred is an absolute defence but it's also a procedural defence which means you need to state that fact in your defence, if you do, the burden of proof is on the claimant to show it is not. If you say you don't know anything about the debt you wouldn't know whether it's SBd or not.

[jon1965]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

By the sounds of it the default date is the original default date. There are many reasons why payments could have been made after 12th May 2009 and you need to remember the sb clock stops when a claim is issued.

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Thank you guys, i'm going to work now and will post all documents

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

hi again Med is there any chance you could post up redacted copies of your defence?? Don't worry ... there are lots of knowledgeable Beagles on here who can advise you xx

Please open the attach Witness statement, sorry my defence was done online with just one sentence that's say, (I don't remember this debt and i'm going to ask for more details) so stupid, only afterwards i began to realise my mistakes, but it was too late.

[nemesis45]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

WS.
At Para 1, It's denied that you entered into an agreement........................................
At Para 14. it say you have had a credit card..........................

CCA request mentions OFT which no longer exists, the FCA has now replaced it since early 2014.before
There is no provision for documents to be attached to claims issued via Northampton CCBC.
CPR31.14 applies only to a small claim until it is allocated to the small claims track.

nem

nem

[med2uk]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Thanks, so now I've got a court date, is it the time I should be sending my witness statement or its too late for that now, anything else I can do?

[nemesis45]

Re: Court Claim - Cabot / Vanquis - 12-5-2015

Thanks, so now I've got a court date, is it the time I should be sending my witness statement or its too late for that now, anything else I can do?

Yes send now, then you will get a copy of the claimants WS.

nem