• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Cabot financial (uk) limited vs rumandcoke

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Cabot financial (uk) limited vs rumandcoke

    I have received a county court claim form from Cabot Finanicial (uk) Limited.
    Issue date 14/09/2016.
    Amount claimed 352.52
    Court Fee 35.
    Legal representative's costs. 50.00
    Total amount 437.52
    Claimant: Cabot Financial (uk) Limited
    Solicitor: Mortimer Clarke Solicitots Ltd.
    Original Creditor: Vanquis.
    Particulars of Claim: By an agreement between VANQUIS and the Defendant on or around 24/05/2012 ( '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 352.52.

    I have got the CCA AND CPR printed off and ready to post in the morning along with postal order for 1. I have acknowledged the claim and my intent to defend the claim in full on the money claim site.

    I did have a Vanquis credit card but it was so long ago I can't remember what I owed if anything. I have definitely not made a payment in a long time and have never acknowledged the debt in writing or otherwise. The particulars of the claim are very vague and written exactly as above, they haven't even given me an account number or card number for the debt in question. I don't know how to check if I owe what they say if anything at all. Any advice would be appreciated.
    Tags: None

  • #2
    Re: Cabot financial (uk) limited vs rumandcoke

    I have received a letter from Mortimer Clarhe solicitors today. It says:

    "We write with reference to your recent correspondence and you request for further information regarding the above account.

    As we do not hold all of your information on file, we have requested a copy of the agreement from the original creditor and we will forward to you upon receipt."

    What should I do now shall I just wait? Advice would be greatly appreciated please.

    Comment


    • #3
      Re: Cabot financial (uk) limited vs rumandcoke

      tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Cabot financial (uk) limited vs rumandcoke

        Hi Rumandcoke.

        Did you use this site's templates for the CCA & CPR requests?

        If so, as they have not mentioned or agreed to a 28 day extension you must stick rigidly to the original court deadlines.
        Your defence must be submitted to the court by 33 days after the claim issue date (17th October?....my math isn't brilliant!)
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Cabot financial (uk) limited vs rumandcoke

          Originally posted by Rumandcoke View Post
          What should I do now shall I just wait?
          What you do now is keep following the court timetable. Your Defence must be filed no later than 33 days after the claim issue date (I see you've file your AOS already).

          Do not get distracted by Mortimer Clarke solicitors' letter. If they produce documents then post on your thread.

          The POC state that the account was opened in May 2012. Is that right? If so the s.78 CCA request may not be massively helpful but at least it will flush out any contract/agreement they say you signed.

          You've said the account was long ago and you haven't paid or acknowledged the debt for ages either, but if it only opened in 2012 it won't be statute barred.

          Di

          Comment


          • #6
            Re: Cabot financial (uk) limited vs rumandcoke

            Yes I did use the site templates.

            - - - Updated - - -

            Yes it says May 2012, I remember having one but couldn't tell you if this date is correct or not. Does this mean I don't have much of a defence then.

            Comment


            • #7
              Re: Cabot financial (uk) limited vs rumandcoke

              Originally posted by Rumandcoke View Post
              Yes I did use the site templates.

              - - - Updated - - -

              Yes it says May 2012, I remember having one but couldn't tell you if this date is correct or not. Does this mean I don't have much of a defence then.
              It would appear from your posts that you are unsure whether or not this is statute-barred.
              You could ask for further details via a SAR to Vanquis, historic details via your bank & possibly a 'prove it' letter to the Claimant's solicitor.
              http://debtcamel.co.uk/prove-it/
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Cabot financial (uk) limited vs rumandcoke

                No I know it's not statute barred.

                Comment


                • #9
                  Re: Cabot financial (uk) limited vs rumandcoke

                  Originally posted by Rumandcoke View Post
                  No I know it's not statute barred.
                  Fair enough.
                  The ball is now in the Claimant's court. (No pun intended!)
                  Your defence will depend on whether they can produce the documents requested, so it's a waiting game.
                  You could familiarise yourself with the 'no documents' defence example at the top of this thread.
                  In the meanwhile, should the Claimant produce anything, feel free to post on here. (Suitably sanitised re personal data.)
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Cabot financial (uk) limited vs rumandcoke

                    Received a letter from the claimant Cabot Financial today. Dated 23rd September so it's taken 6 days to get here for some reason.

                    Dear Rumandcoke

                    Re Vanquis Credit Card - **************** - 437.52

                    Thank you for yor request for information under 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.

                    What happens next?

                    I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to to request the details from the original lender I 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 do not hesitate to contact us.

                    Yours sincerely

                    Comment


                    • #11
                      Re: Cabot financial (uk) limited vs rumandcoke

                      Hello Diana, Now that Cabot have replied and told me they do not have the agreement and cannot provide it in the 12 days as they have to request it from the original lender, do I file my defence now or still wait until the 28 days before I do. Thank you in anticipation x

                      Comment


                      • #12
                        Re: Cabot financial (uk) limited vs rumandcoke

                        yes ( always submit just before deadlines as then the opposition has little to no time to respond) court instructions not claimants always

                        Di will respond also on the subject

                        Comment


                        • #13
                          Re: Cabot financial (uk) limited vs rumandcoke

                          Originally posted by Rumandcoke View Post
                          Hello Diana, Now that Cabot have replied and told me they do not have the agreement and cannot provide it in the 12 days as they have to request it from the original lender, do I file my defence now or still wait until the 28 days before I do.
                          Cabot (the Claimant) has helpfully told you that they haven't got the documents. That won't change anything as far as the court timetable goes.

                          Your Defence deadline is 33 days from the date of issue of the claim. Mortimer Clarke solicitors will be working to that timetable and so must you.

                          Nothing is gained by filing your Defence early especially if that means you're unable to react to any paperwork which may arrive before the deadline.

                          I'm not familiar with LB's CPR 31.14 request letter but it may ask for an extension of time for you to file your Defence if they haven't got their act together.

                          If they've not produced the documents by the time of the original Defence deadline then I see no value in giving them any extra time to comply with your CCA request. You may be able to amend your Defence afterwards if they come up with late paperwork (depending on the quality of the documents). Since this is an account opened in 2012 you'll be looking at other legal arguments too.

                          Di

                          Comment


                          • #14
                            Re: Cabot financial (uk) limited vs rumandcoke

                            Originally posted by Diana M View Post
                            Cabot (the Claimant) has helpfully told you that they haven't got the documents. That won't change anything as far as the court timetable goes.

                            Your Defence deadline is 33 days from the date of issue of the claim. Mortimer Clarke solicitors will be working to that timetable and so must you.

                            Nothing is gained by filing your Defence early especially if that means you're unable to react to any paperwork which may arrive before the deadline.

                            I'm not familiar with LB's CPR 31.14 request letter but it may ask for an extension of time for you to file your Defence if they haven't got their act together.

                            If they've not produced the documents by the time of the original Defence deadline then I see no value in giving them any extra time to comply with your CCA request. You may be able to amend your Defence afterwards if they come up with late paperwork (depending on the quality of the documents). Since this is an account opened in 2012 you'll be looking at other legal arguments too.

                            Di
                            Thank you, what other legal arguments might I come accross. Also my deadline for defence is 17th October, should I file it on the 17th or the day before do you think. Thank you so much for your help I really do appreciate it.

                            Comment


                            • #15
                              Re: Cabot financial (uk) limited vs rumandcoke

                              I have heard nothing and my deadline for defence is tomorrow so I am going to start working on it this afternoon.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              1 of 2 < >

                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              Directions Questionnaire
                              Statute Barred Letter



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                              2 of 2 < >

                              Need Formal Help?




                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X