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

[med2uk]

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

Thanks nem can you help me with what to write please so I don't make any more mistakes.

[nemesis45]

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

Thanks nem can you help me with what to write please so I don't make any more mistakes.

Hi, med yes of course I am out until around 1600 so I'll contact you when I get back, meanwhile have a look at some WS's on others threads to give you some idea of wording and format.

nem

[FlamingParrot]

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

can you help me with what to write please so I don't make any more mistakes.

You may want to look at this thread that has examples of witness statements from other posters. You have to adapt them to your own circumstances but it's a start. :thumb:

http://www.legalbeagles.info/forums/...689#post505689

[FlamingParrot]

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

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.

I think I recognise those letters, they were templates originally used on another forum, back in the days the OFT was still in charge. However, they still have a duty to supply a copy of your agreement upon request, the OFT bit wasn't crucial to the request, it is the Consumer Credit Act that establishes a duty to provide the documents rather than the OFT as such.

Did they ever respond to the one regarding last payment into the account? I get the impression they did (Item 8) but didn't send you documentary evidence. Is there a possibility of this debt being SBd?

[med2uk]

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

I think I recognise those letters, they were templates originally used on another forum, back in the days the OFT was still in charge. However, they still have a duty to supply a copy of your agreement upon request, the OFT bit wasn't crucial to the request, it is the Consumer Credit Act that establishes a duty to provide the documents rather than the OFT as such.

Did they ever respond to the one regarding last payment into the account? I get the impression they did (Item 8) but didn't send you documentary evidence. Is there a possibility of this debt being SBd?

Is it ok if i post all letters from them so you guys can have a look?

[FlamingParrot]

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

Is it ok if i post all letters from them so you guys can have a look?

Sure, go ahead. :thumb:

[med2uk]

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

Sure, go ahead. :thumb:

Here they are:

No:1

3 July 2015
WITHOUT PREJUDICE SAVE AS TO COSTS
Cabot Financial (UK) Limited - V
We act for the Claimant in the above matter.
Further to our open letter of today's date, we are in receipt of your response to our Without Prejudice letter dated 26 May 2015.
As stated in our open letter, moving forward please keep correspondence referencing offers and settlement, referred to as "Without Prejudice correspondence" separate to correspondence that discusses the claim in general.
In response to your letter, we are currently awaiting the copy of the agreement to be forwarded to our client from Vanquis. In the meantime, our Client is prepared to offer you 10% off the current balance of £1,581.90, representing an offer of £1, 423.71 in full and final settlement of this claim which may be repaid at an affordable monthly rate.
This would prevent any further progression of this claim along with the accumulation of legal fees for which you may ultimately be liable to pay.
If you would like to discuss this offer further please contact the writer on the details below.
Yours sincerely

No:2
26 May 2015
WITHOUT PREJUDICE SAVE AS TO COSTS
Dear Mr
CABOT FINANCIAL (UK) LIMITED - V -
CLAIM NUMBER:
We act for the Claimant in the above matter.
Further to our open letter of today's date, our Client is willing to take a commercial view on the matter and In light of this is prepared to offer you a discount of 10% in order to bring a swift resolution to this matter.
The outstanding balance of the debt is £1,581.90. If successful at trial our Client would seek to recover the full balance plus the fixed legal costs and court fees it has incurred in bringing this claim.
Our Client is prepared to offer you a discount of 10% off the outstanding balance, representing a settlement amount of £1,423.71 to be paid by you in full and final settlement of this claim. Our Client is currently willing to accept repayment by instalments at a rate that is affordable and realistic to you.
This will enable you to bring this matter to a conclusion without the need for a County Court Judgment, and will enable you to have any note on your credit file updated to reflect that you have partially satisfied the debt by settling the balance.
If you would like to accept or discuss this offer further please contact the writer on the information below quoting your reference number at the top of this letter.
Yours sincerely

No:3

26 May 2015
Dear
Cabot Financial (UK) Limited v
Claim number:
We act for the Claimant in the above matter.
We are in receipt of your Defence to the above claim and have written to the Court with our intention to proceed with the above claim. We note your request for an extension of time to file your defence.
However, given that you have now filed a defence, we trust that this is no longer required. Should you wish subsequently amend your defence, you can of course take the required steps to do so.
Our Client, Cabot Financial UK Limited purchased your debt on 18 June 2010 by way of legal assignment.
This gives them the legal right to demand payment and, as has become necessary, instigate legal proceedings.
At this time we can confirm that this claim relates to your Vanquis Credit Card, account number: , which you took out on 7 August 2006. The outstanding balance is £1,581.90.
We note your request under CPR 31.14, please be aware that due to the value of this claim, it is unlikely that it will be allocated to the Fast track and as a result the provisions of CPR 31.14 will not apply.
We can confirm however, that we have made a request for documents to our Client but this can take up to 10 weeks. These documents will be provided once received. This is not going to be in the next 7 days.
We have also asked our Client to confirm whether there is a CCA request outstanding. When we receive any documents and information we shall revert to you with this.
Please be aware that the Office of Fair Trading is no longer in existence. For your reference we are regulated by the Financial Conduct Authority and act in accordance with the Consumer Credit Act 1974
We do not consider your defence to contain any valid reason for the protraction of this claim and we may proceed to make an application to strike it out and make an application for Summary Judgment. The consequences of this are that:
1. The resulting costs of this application may ultimately be borne by you;
2. You may receive a County Court Judgment; and
3. A County Court Judgment will also appear on your credit file which may make it more difficult for you to obtain credit in the future.
If you would like to discuss this matter please contact the writer on the information below quoting your reference number at the top of this letter.
Yours faithfully
Wright Hassall

No:4
Cabot Reference
27 May 2015
Dear
RE: Vanquis Credit Card - £1,511.90
Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.
We currently do not have this information on file, however we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.
What happens next?
We anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.
If you have any queries, please contact me on the above telephone number.
Yours sincerely

[FlamingParrot]

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

OK, starting from the bottom, letter 4 is Cabot's standard CCA request response template arguing it will take them 40 days. As it's been over 40 days since May 27th, have they supplied you with anything?

Letter 3, they are right to say that Part 31 of the CPR does not apply to the small claims track and most claims below £10k are allocated to small claims. It is possible to argue that a claim that has not yet been allocated could be assumed to go to fast track and send the request letter, however, once a defence is submitted the claim gets allocated and they will not longer have an obligation to respond to a request under Part 31 of the CPR, however, the court will give directions including supplying you with the documents at least 14 days before the hearing. They still need the documents in small claims, only at a later stage. :thumb:

I notice their intention to apply for summary judgment on May 26th, presumably they didn't do so. Could you kindly refresh my memory as to where we are with this claim, have you received your N180 directions questionnaire and notice of allocation to small claims? Any mention of an allocation hearing by any chance?

I must say your defence didn't really address the claim and they could have applied for summary judgment on those grounds.

Letter 2, presumably you ignored their most generous 10% offer... :confused2: so it was repeated six weeks later... Sounds like they are struggling to obtain the documents.

[med2uk]

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

Yes Flaming, on and around 27 May 2015 I received a letter N149A notice of proposed allocation to the small claims track with enclosed directions questionnaire (small claims track)
TAKE NOTICE THAT
1. This is now a defended claim.
The defendant has filed a defence, a copy of which is enclosed.
2. It appears that this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for the claim you must complete box C1 on the Small Claims
Directions Questionnaire (Form N180) and explain why. -
3. You must by 15 June 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office
The County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH’
And serve copies on all other parties. comp I completed the form and enclosed witness statement to the court and the claimant's solicitors, hope you understand what i meant item in red.

On and around 12 June 2015 i received a letter from solicitors enclosed with claimant directions questionnaire, we both ticked mediation service. Few days later i received a call from the mediation service asking me if i've got all papers, and i said no, they said they cannot doing anything if i don't have nothing, They advice me to contact the claimant's solicitors for the documents, and give them a call once i've received the documents.

On and around 23 June 2015 I receivced another letter N271 Notice of transfer of proceedings, letter below:

To all parties
The Small Claims Mediation Team has been unable to secure a mediation appointment at this time. Please now follow the instructions as set out below. .
This claim has been transferred to the County Court Hearing Centre listed below for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.
Details of the judge's directions will be sent to you in a notice of allocation.
If you would like any further information you can contact the local County Court Hearing Centre directly but please await the Judge's directions.

On and around 8 July 2015 I received a letter, Notice of allocation to the small claims track hearing from my local county court, see letter below:


Notice of Allocation to the Small In the County Court at
Claims Track (Hearing)
Claim Number
Date 8 July 2015
District Judge has considered the statements of case and questionnaires filed and allocated the claim
to the small claims track.
The hearing of the claim will take place at 10:00 AM on the 14 October 2015 at the County Court and should take no longer than 90 minutes.
A hearing fee of £170.00 is payable by 14 September 2015 by the claimant unless you make an application for a
fee concession. Failure to pay the fee will result in the hearing being removed from the list.
The court must be informed immediately if the case is settled by agreement before the hearing date.
For more information on court fees please refer to EX50 Civil and Family Court Fees.
Each party shall deliver to every other party and to the court office copies of all documents (including any experts'
report) on which he intends to rely at the hearing no later than 14 days before the hearing.
The original documents shall be brought to the hearing.

This is the stage we are at the moment
Thank you very much for your help and hope to hearing from you soon

[FlamingParrot]

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

OK, so it looks like there was no summary judgment application put forward and the court has ordered them to send you the documents they intend to rely on at the hearing. They still have a couple of months to produce them, let's see if they can get anything. Do keep us posted. :typing:

[med2uk]

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

I'll keep you guys posted, do i still need to send a witness statement?

[nemesis45]

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

I'll keep you guys posted, do i still need to send a witness statement?

Yes.

nem

[med2uk]

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

Yes.

nem

I'll post my draft WS for you guys to look at, thank you all for your help, i'm learning a lot from this forum:lol:

[FlamingParrot]

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

I'll post my draft WS for you guys to look at, thank you all for your help, i'm learning a lot from this forum:lol:

You'll find some example WS here: http://www.legalbeagles.info/forums/...ness-Statement

[nemesis45]

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

I'll post my draft WS for you guys to look at, thank you all for your help, i'm learning a lot from this forum:lol:

OK that's fine!!

nem