Cabot financial (uk) limited vs rumandcoke

[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.

[Rumandcoke]

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.

[Kati]

Re: Cabot financial (uk) limited vs rumandcoke

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] xx

[charitynjw]

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!)

[Diana M]

Re: Cabot financial (uk) limited vs rumandcoke

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

[Rumandcoke]

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.

[charitynjw]

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.

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/

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

No I know it's not statute barred.

[charitynjw]

Re: Cabot financial (uk) limited vs rumandcoke

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.)

[Rumandcoke]

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

[Rumandcoke]

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

[MIKE770]

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

[Diana M]

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.

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

[Rumandcoke]

Re: Cabot financial (uk) limited vs rumandcoke

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.

[Rumandcoke]

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.