Restons / cabot

[manda]

Recieved letter only last september saying i owed a debt ? First i have ever heard of it and was to do with vanquis? I dont ever recall having any debt with vanquis Replied back to them saying, i dont owe any debt, if i did, this would of been before i l started my tenancy in 2008 . Before i acquired my tenancy in 2008 i had to leave to go into a womens refuge and tbf, i left everything i owned , so any debt i possibly would have had would have been prior to my tenancy I asked them to produce proof- they ignored me and went straight to County Court. Next thing i recieve a letter from court : I sent response back to court. I then wrote a letter to restins saying i requested all documents in regards to CPR 31.14 as i was intending to fully defend. Tht i acknowledge no debt and if this debt was as stated, it would be statue barred They are Lying when i Know for a fact and can swear on oath a debt is statue barred . I have written to them that, they ignored my letter and went to Northampton CC which i am puttin a defence in . I asked them to provide CPR docs which they sent me a codswallop reply withy no docs they have sent me the same letter that i have seen many times on debt help to other defendants : They are using the : "because the claim was issued via the County Court Business Centre, which is a procedure for specific provided out in CPR and only requires brief details they do not allow for any enclosures" also said, that as i would have been provided with a copy of contractual terms and conditions at the time the account was opened, they see no reason why i should require a copy??? Surely this isnt right. Now i know i have had NO debt whatsoevere since 2008, beforehand, i moved about into refugees due to domestic so IF ANY debt was accumulated it would have been prior to 2008, something i will swear under oath. I have told them this is staue barred and requested CPR docs to defend my claim yet they write back saying they dont need to give this How can anyone defend a claim from many years ago, i dont recall any debt in the name of vanquis. If any debt was under a different name other than vanquis, then that debt would have been before 2008. I swear to god and on my childrens lives i have enever ever got any credit at my address since i moved in 2008. They said it was aquired in april 2010 ( that is such a lie and i will swear on oath ) then they bought it in 2011. How can they lie? I have asked for evidence, they wont give it to me! How can anyone defend a claim if they cannot produce any eveidence about this claim ?

[nemesis45]

Re: Restons / cabot

Ok I think I've got the gist of this now.

What type of account was this? Was it a Vanquis Credit Card?
Did you make a CCA request to the claimant ?( Is this Cabot?)

If you haven't made a CCA request you need to do so now,

This is for a copy of the agreement relevant to the debt, there is a £1 statutory fee to pay ( use a postal order endorsed " for statutory fee only.
There is a template in the forum library for this. send by signed for post.
They have 12 + 2 working days to comply .

The reply to Restons is basic.

Sir / Madam,

Re: County Court Claim No.

I refer to your letter dated,,,,,,,,,,,,,,,,, in response to my CPR3 14 request for documents mentioned
in the statement of claim No........................:

I am sure you are well aware that CPR 31 .14 applies to this claim until it has actually been allocated to a track.

Please therefore forward the requested documents ( which should of course be in your clients possession before the claim was issued)
by return of post.
failure so to do will be brought to the attention of the court.

Signed for post for this as well.

nem

[manda]

Re: Restons / cabot

Hi.

I dont know who vanquis is? ive googled it and it may be to do with provident ? If so, that would have been before 2008

It was from restons solicitors from Cabot who bought the debt from vanquis

They said debt aquired Around april 2010 bought in august 2011

i sent a letter saying, :


CPR 31.14 Request for disclosure of specific information of documents mentioned in the statement of case Claim :C7CY7927


Request for documents mentioned in claim.


We ask for this information under CPR 31.14 which is


Miss XXXXXXXXXXX




Claimants name : Restons on behalf of cabot financial UK Ltd
Claimants address : Trinity Chambers,
800 Mandarin Court,
Centre Park,
Warrington,
WA1 1GG




Dear Sirs,


Claim Number: C7CY7927
CLA / LEW/3453876




My previous attempts to ask you to provide evidence has gone ignored


I now, Request for documents mentioned in a statement of case under CPR 31.14


On 25 Jan 2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.


To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 10 Feb 2016


1. Agreement / Contact/ Record of such payments/proof of any debt obtained at my property & dates
2. Default Notice
3. Assignment
4. Formal Demand




In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.


You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..


You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.


Under section 77 (1) of the Consumer Credit Act 1974, upon a formal request, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.


If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defense as allowed under CPR 15.5 so I may notify the court.


I look forward to hearing from you.


Yours sincerely


--------

thats when they replied saying the " because it is business County court, they dont need to supply this &

They dont need to supply me : as they say :
i would have been provided with a copy of contractual terms and conditions at the time the account was opened, they see no reason why i should require a copy?

ITs like battling against a brick wall

Ive asked for documents & evidence, as tbf i want to know when this debt was taken out, which would only be prior to 2008 OR

if it was in 2010, like they supposedly say - then that would be identity theft and they need to provide me with evidence because we know any credit requires identity docs, wether passport/ driving license AND address identity, be this bills etc at my address

Kind regards

Manda

[NWHC]

Re: Restons / cabot

Vanquis provide several types of credit cards under different names all aimed at people with bad credit

https://www.vanquis.co.uk/

This tells you a little about them.
As Nemesis says you need to get a CCA request sent off to Cabot as soon as possible

This link shows how to send a CCA request
http://legalbeagles.info/forums/show...y-of-Agreement

If as you suspect it is a case of identity theft the account may have been opened online which does not require a signature however it will need an address

It is not uncommon for a creditor to think they have found someone because of a shared name and date of birth, this is particularly common if you have a common name such as Smith , Patel, Kaur ( yes we live in a multicultural society although off hand I can not think of any common Muslim names off hand )

Hope this helps

[manda]

Re: Restons / cabot

Vanquis provide several types of credit cards under different names all aimed at people with bad credit

https://www.vanquis.co.uk/

This tells you a little about them.
As Nemesis says you need to get a CCA request sent off to Cabot as soon as possible

This link shows how to send a CCA request
http://legalbeagles.info/forums/show...y-of-Agreement

If as you suspect it is a case of identity theft the account may have been opened online which does not require a signature however it will need an address

It is not uncommon for a creditor to think they have found someone because of a shared name and date of birth, this is particularly common if you have a common name such as Smith , Patel, Kaur ( yes we live in a multicultural society although off hand I can not think of any common Muslim names off hand )

Hope this helps

------------------------------------------------------

Thanks - I thought a CCA request was what i was asking for in my letter to them ; something they said when they said "i have a copy of and therefore they refuse to give me a copy "

[NWHC]

Re: Restons / cabot

If I have read it correctly the following has happened
1) A claim has been issued against you
2) You wrote to them requesting the documents that they have listed in the claim under CPR31.14. You did not include any fee with this
3) They wrote back with one of their normal letters and said that you will have had the agreement anyway

If I have got that correct you do still need to send a CCA request . This is useful and important as I will explain

When you send the request they have 12+2 working days to reply . the 2 days is for postage and as we class working days as Mon-Fri you are really looking at about 3 weeks.
If they do not respond they can not get a ccj against you BUT you must tell the court this in your defence. I can not see what date the claim was made but assuming that you have acknowledged the claim online you have 33 days from the date of the claim to get your defence in . Day 1 of the 33 is the date of the claim . So if when you submit your defence they still haven't sent the CCA request back don't worry

When you get the CCA request back it will include a copy of the agreement that will have the name and address on it when it was taken out, this might be a big clue for you as you will know if you were living there or not

It really is important that you send it off.
Post it to the people who are chasing you and NOT the solicitors so I think this is Cabot, is that correct? Include the £1 fee and send it signed for post

I hope this helps
The rest of the stuff really is not as important as getting this off

[manda]

Re: Restons / cabot

If I have read it correctly the following has happened
1) A claim has been issued against you
2) You wrote to them requesting the documents that they have listed in the claim under CPR31.14. You did not include any fee with this
3) They wrote back with one of their normal letters and said that you will have had the agreement anyway

If I have got that correct you do still need to send a CCA request . This is useful and important as I will explain

When you send the request they have 12+2 working days to reply . the 2 days is for postage and as we class working days as Mon-Fri you are really looking at about 3 weeks.
If they do not respond they can not get a ccj against you BUT you must tell the court this in your defence. I can not see what date the claim was made but assuming that you have acknowledged the claim online you have 33 days from the date of the claim to get your defence in . Day 1 of the 33 is the date of the claim . So if when you submit your defence they still haven't sent the CCA request back don't worry

When you get the CCA request back it will include a copy of the agreement that will have the name and address on it when it was taken out, this might be a big clue for you as you will know if you were living there or not

It really is important that you send it off.
Post it to the people who are chasing you and NOT the solicitors so I think this is Cabot, is that correct? Include the £1 fee and send it signed for post

I hope this helps
The rest of the stuff really is not as important as getting this off

---------------------------------

Fantastic - thankyou

1) yes against me
2) yes i sent letter but offered payment : ( I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.)
3) and yes they said i had the agreement ? which i dont !

Like i said i dont know any vanquis? I wholeheartedly admit to fleeing my bills as it was the last thing on my mind whilst running away with my daughter to refuge and i didnt want her father finding us. But vanquis? i have never had any dealing with a vanquis. People with bad credit? I was working and have always been known to have paid all my bills so im really confused.

Dates they say, 2010 is a lie as my tenancy to where we were offered this tenancy , here in XXXX was 2008. I havent never not paid any bills. I will swear that under oath.

I have written a letter for posting tomorrow with that letter to ask for CCA request- i will buy a £1 postal order and copy and scan before i post

As time is running out , i asked them to produce this by 10 Feb and they havent asked for any extension- i am asking judge to set-aside for non-compliance and that it is statue barred. Ive also filled in a n244? form

I have written statement and enclosed tenancy agreement and letters sent to Restons / Cabot and ive reported them to ombudsman

Just by selling a debt on, it doesnt reset the clock on statue barring does it?

[NWHC]

Re: Restons / cabot

I am afraid I have offered all the help I can, my knowledge is insufficient so i wouldn't try to guess

I can say though that only you can reset the SB clock, either by making a payment or a written acknowledgement of the debt . If the debt is statute barred you can not unbar it so once it is statute barred you could say haha I owe you money but its SB so go away
I wouldn't recommend that though just in case you had made a mistake ad it wasn't SB in which case you would feel like a right plonker

[Kati]

Re: Restons / cabot

:bump: for [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] xx

[manda]

Re: Restons / cabot

Im absolutely sure it is statue barred as will be 8 years since start my tenancy

but thankyou for your help

[Guest]

Re: Restons / cabot

------------------------------------------------------

Thanks - I thought a CCA request was what i was asking for in my letter to them ; something they said when they said "i have a copy of and therefore they refuse to give me a copy "

It looks like what you sent was another type of request, under the Civil Procedure Rules rather than the Consumer Credit Act.

What was the date on this claim? Did you acknowledge service of the claim? Although your opening post says you sent response to the court, it's not clear what you responded with. Remember you only have 14 days to acknowledge service or they can get default judgment. That's the most important thing to start with.

You say you never had a Vanquis card and also that it would be statute barred. It's either one or the other, if this isn't your account, you wouldn't know when someone paid or acknowledged it. If it is your account and there's been neither in 8 years then it is statute barred and you can't say that and also say you had no knowledge of it. You can, however, say they have not sent you a copy of your agreement, but only if you requested one to start with.

Hope this clarifies things a little.

[Guest]

Re: Restons / cabot

I have written a letter for posting tomorrow with that letter to ask for CCA request- i will buy a £1 postal order and copy and scan before i post

As time is running out , i asked them to produce this by 10 Feb and they havent asked for any extension- i am asking judge to set-aside for non-compliance and that it is statue barred. Ive also filled in a n244? form

This is getting rather confused.

1. You don't need to copy or scan anything, just print out the CCA request letter, go to the post office, buy the postal order, stick it in the envelope and send it recorded delivery. Keep the receipt for the PO.
2. You should ask them to agree to a 28 day extension because they have not supplied the documents, rather than expecting them to ask for an extension.
3. You would only apply for set aside if they had obtained default judgment. Have they? If not, there is nothing to ask the judge to set aside.
4. Statute barred is something you will mention when you submit your defence and it has nothing to do with non-compliance.
5. What have you filled in an N244 form for? Are you trying to enforce your CPR request with an unless order? You'll have to pay £155 application fee so it may not be worth doing it, depends on the value of the claim. How much is it for?

I have written statement and enclosed tenancy agreement and letters sent to Restons / Cabot and ive reported them to ombudsman

Just by selling a debt on, it doesnt reset the clock on statue barring does it?

No, selling debts has no impact on limitation, but what have you reported them to the Ombudsman for? and why are you sending them your tenancy agreement?

[manda]

Re: Restons / cabot

This is getting rather confused.

1. You don't need to copy or scan anything, just print out the CCA request letter, go to the post office, buy the postal order, stick it in the envelope and send it recorded delivery. Keep the receipt for the PO.
2. You should ask them to agree to a 28 day extension because they have not supplied the documents, rather than expecting them to ask for an extension.
3. You would only apply for set aside if they had obtained default judgment. Have they? If not, there is nothing to ask the judge to set aside.
4. Statute barred is something you will mention when you submit your defence and it has nothing to do with non-compliance.
5. What have you filled in an N244 form for? Are you trying to enforce your CPR request with an unless order? You'll have to pay £155 application fee so it may not be worth doing it, depends on the value of the claim. How much is it for?

No, selling debts has no impact on limitation, but what have you reported them to the Ombudsman for? and why are you sending them your tenancy agreement?

Thanks for the reply

1 ) i already asked for agreement, which they replied i had a copy of when i took out a debt ? a debt i know nothing about - so dont know how i can defend myself without this evidence .... but am sending a letter again tomoz with £1 postal order
2) I didnt realise i could ask the court for extension? do i just send a letter asking without my defence form then?
3) They havent got judgement against me
4) I am mentioning in my defence statue barred
5) I only filled in n244 form as i have never done any of ths stuff before and just "googled".... debt its for £790

i havent the foggiest what im doing tbf- but i know that no debt i have accumulated since 2008 so im just googling how to go about this all ?
:tinysmile_hmm_t2:

Oh and i reported them to obudsman as i wrote to them saying debt would be statue barred and to provide evidence it is not, and i wanted to see proof of documents to when they just went straight to court

ive only replied to court saying ive acknowledge the claim - havent sent my defence forms off yet as timescale i really need put in by 10 feb

[manda]

Re: Restons / cabot

It looks like what you sent was another type of request, under the Civil Procedure Rules rather than the Consumer Credit Act.

What was the date on this claim? Did you acknowledge service of the claim? Although your opening post says you sent response to the court, it's not clear what you responded with. Remember you only have 14 days to acknowledge service or they can get default judgment. That's the most important thing to start with.

You say you never had a Vanquis card and also that it would be statute barred. It's either one or the other, if this isn't your account, you wouldn't know when someone paid or acknowledged it. If it is your account and there's been neither in 8 years then it is statute barred and you can't say that and also say you had no knowledge of it. You can, however, say they have not sent you a copy of your agreement, but only if you requested one to start with.

Hope this clarifies things a little.

--- never heard of vanquis but i also read it could be provident - i did have provident vouchers - this was before i fled to refuge but i am sure i paid provident as they offered me a loan to which i refused

sent the acknowledgment off 25 jan to court

[MIKE770]

Re: Restons / cabot

If I have read it correctly the following has happened
1) A claim has been issued against you
2) You wrote to them requesting the documents that they have listed in the claim under CPR31.14. You did not include any fee with this (What fee = No Fee)???
3) They wrote back with one of their normal letters and said that you will have had the agreement anyway

If I have got that correct you do still need to send a CCA request . This is useful and important as I will explain

When you send the request they have 12+2 working days to reply . the 2 days is for postage and as we class working days as Mon-Fri you are really looking at about 3 weeks.
If they do not respond they can not get a ccj against you BUT you must tell the court this in your defence. I can not see what date the claim was made but assuming that you have acknowledged the claim online you have 33 days from the date of the claim to get your defence in . Day 1 of the 33 is the date of the claim . So if when you submit your defence they still haven't sent the CCA request back don't worry

When you get the CCA request back it will include a copy of the agreement that will have the name and address on it when it was taken out, this might be a big clue for you as you will know if you were living there or not

It really is important that you send it off.
Post it to the people who are chasing you and NOT the solicitors so I think this is Cabot, is that correct? Include the £1 fee and send it signed for post

I hope this helps
The rest of the stuff really is not as important as getting this off

No fee with that request needed. CPR31.14.