Court Claim - Cabot Financial / Vanquis - 27-1-2016

[ajsno2]

Received a claim? Yes
Issue Date: 27-1-2016
Amount approx:
Claimant: Cabot Financial
Solicitor: Mortimer Clarke
Original Credit: Vanquis

Particulars of Claim:
By an agreement between VANQUIS & the Defendant on or around 24/03/2007 ('the Agreement') VANQUIS agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 2135.27

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
Should I fight this or should I pay.

I did take out a card and I could not afford to pay at the time.

I cant really afford to pay it all at the moment and would be interested to hear peoples advices.

I am about the follow the next steps suggested on this forum

[charitynjw]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

Hi ajsno2, & welcome

You got there before me, lol (if that was you posting as 'guest!)

Yes, follow the guidance given in the green box above, & don't forget to get proof of postage.

Ccan you remember the last time you acknowledged the debt? (either by payment,or in writing)

[ajsno2]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

That was me as a guest, its not like I work with technology or anything, enough said

Will post everything off tomorrow as guided.

Looking at my file on checkmyfile.com Cabot took this on in sept 2011, or that is when they started reporting on me
I cant see any reporting from Vanquis on my file, but looking in my email I have found one from the end of 2009 telling me I have missed payment so best guess would be 2009 would have been the last time I acknowledged anything

[charitynjw]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

Reports on Credit reference agencies are supplied by the creditors, and don't always reflect the real situation.

A 'default' on the CRA file is a very different animal to the date of default as per the CCA 1974/Limitation Act 1980.

[Noah]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

If I remember correctly Vanquis were not very good at issuing default notices back in the day. They used to send emails about registering a default and thought that would do the trick. I think if you include the lack of default notice in the defence it may help. They could of course claim it was contractually defaulted but they may have a problem with that.

In your car request you must ask for the termination notice as it is part of the claim

[ajsno2]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

Thank you for your help.

Both letters have been sent today, now we wait

[ajsno2]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

So far I have not received a reply from either letter.

As per the templates
The CCA gave 12 days, letter was dated the 4th of this month
The CPR gave 7 days, letter was also dated the 4th of this month


What should I do?

[nemesis45]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

So far I have not received a reply from either letter.

As per the templates
The CCA gave 12 days, letter was dated the 4th of this month
The CPR gave 7 days, letter was also dated the 4th of this month


What should I do?

Timescale for CCA request is 12 + 2 Working Days. CPR is 7 calendar days. Do not chase the CCA request!
Non Compliance renders the debt unenforceable Until the agreement is provided.

You can chase up the CPR request remind the sols that it is valid until the claim is allocated to the small claims
track.

nem

[ajsno2]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

Hello

I have received a letter from the Solicitors now.

"Thank you for your letter dated 04/02/2016. We acknowledge your request for documentation pursuant to SPR 31.14.

For the avoidance of doubt this firm does not hold the documentation and we have passed your request to our client who may in turn need to liaise with the original creditor.

We have been instructed to place this matter on hold while we await further instructions from our client. while on hold we will not advance court proceedings any further"


Is there anything I need to do now?

I am away now for 2 weeks and do not want anything to happen in my absence.

[micro]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

Still file a Defence on MCOL within 33days from the issue date of the claim (your Issue Date: 27-1-2016) = before 4pm on Monday, 29 February 2016

[NWHC]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

Just remember that if you applied online they do not need a physical signature however Vanquis agreements are not very good or have not been in the past

Just make sure you get a defence in before you go away
It can be done online or by email

Are you abroad or in the UK , sometimes internet access can get blocked to sites when abroad ( I can think of iplayer as an example)

[ajsno2]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

Hello

Well I filed the defence before I went away.

I had a letter from the solicitor saying they will not progress anything now and will await directions from their client.

Their client "Cabot Financial" has replied to me today

"Thank you for your request under the sections 77-79 of the consumer credit act 1974

We currently do not have this information on file. However, I 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. In the meantime, I would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in Court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore I would recommend you contact us as soon as possible to setup a repayment arrangement or continue with your existing payment plan."


What do you think, is there anything I need to do at the moment or am I just waiting for this information.

[Noah]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

No need to do anything at the moment. Keep the letter and watch out for any progress from the court.

If if after a suitable time, say a month or two you could see if they will discontinue

[charitynjw]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

Hello

Well I filed the defence before I went away.

I had a letter from the solicitor saying they will not progress anything now and will await directions from their client.

Their client "Cabot Financial" has replied to me today

"Thank you for your request under the sections 77-79 of the consumer credit act 1974

We currently do not have this information on file. However, I 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. In the meantime, I would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in Court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore I would recommend you contact us as soon as possible to setup a repayment arrangement or continue with your existing payment plan."


What do you think, is there anything I need to do at the moment or am I just waiting for this information.

No need to do anything at the moment. Keep the letter and watch out for any progress from the court.

If if after a suitable time, say a month or two you could see if they will discontinue

IMHO

I would write to them, referring to the unenforceable bit in their letter,inviting them to withdraw the court claim.

SignedFor post, or free certificate of posting.

[Noah]

Re: Court Claim - Cabot Financial / Vanquis - 27-1-2016

IMHO

I would write to them, referring to the unenforceable bit in their letter,inviting them to withdraw the court claim.

SignedFor post, or free certificate of posting.

You could, I just wonder if there is any chance of them discontinuing so soon after requesting the CCA from the OC. That was my reasoning behind waiting for a short period of time of say a month or two.