Cabot financial county court claim - urgent need help please

[jay12]

Hello everyone,

I am defending a court claim for my cousin therefore, I will be very grateful to get any advice from you guys.

The particulars of the claim are "by an agreement between Vanquis Bank Ltd & the defendant on or around xx/xx/2012 ('The agreement') Vanquis bank ltd 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 £403x.xx"

Cabot did not send any letter before action or offers, my cousin just received this claim from Northampton county court.

I did some research and so far I have done these things to remedy the situation.

1) Acknowledge the claim and stated that the claim will be defended fully.

2) Send a CCA request to Cabot requesting the signed credit agreement.

3) Send a CPR request to the claimant solicitor.

please advice what should be the next course of action as my cousin is currently panicking about this situation.

Many thanks
Jay

[skilganon]

Re: Cabot financial county court claim - urgent need help please

hi,

i notice that they havent mention default or a default notice ?

other more experienced members may add more,

but i would be inclined to also send them a part 18 request for further information. in it request information on whether the account was defaulted and a compliant default notice was sent.
request further information as to why the agreement was terminated and what opportunity was given to the debtor to remedy any breach under the terms of the agreement.

[jay12]

Re: Cabot financial county court claim - urgent need help please

hi,

i notice that they havent mention default or a default notice ?

other more experienced members may add more,

but i would be inclined to also send them a part 18 request for further information. in it request information on whether the account was defaulted and a compliant default notice was sent.
request further information as to why the agreement was terminated and what opportunity was given to the debtor to remedy any breach under the terms of the agreement.

Hi please advice what is part 18 request apologies I am new into all of these.

What should be my next course of action? wait for there response? and how do I file the defence for my cousin because I think it needs to be filed within 14 days after the acknowledgement.

Many thanks
Jay

[jay12]

Re: Cabot financial county court claim - urgent need help please

A stupid letter from Mortlake clarke has been received where they did not complied with the CPR request by simply saying that they believe that we have documents.





Please advice what should be the next course of action. thanks

[MIKE770]

Re: Cabot financial county court claim - urgent need help please

ignore do not bite they know the score, they have the request up to them if they disclose now or later?? sure others will comment also, nothing new on the contents of that rubbish letter

They are as usual acting like little kids trying to bate you!

- - - Updated - - -

PRACTICE DIRECTION 18 – FURTHER INFORMATION - Civil ...

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part18/pd_part18

[jay12]

Re: Cabot financial county court claim - urgent need help please

ignore do not bite they know the score, they have the request up to them if they disclose now or later?? sure others will comment also, nothing new on the contents of that rubbish letter

They are as usual acting like little kids trying to bate you!

- - - Updated - - -

PRACTICE DIRECTION 18 – FURTHER INFORMATION - Civil ...

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part18/pd_part18

Thanks for the response.

I have drafted this letter to them using the forum templates posted by other member credit to NEM.

I refer to your letter dated 26/04/2017 in reply to my request made under the provisions of
CPR 31.14 for inspection of documents and your request for disclosure of documents you
assume I may have under my control.

Please note any such documents I may or may not have received from any party in the past
have no relevance to my request, and such documents will be disclosed if necessary at the
appropriate time during the progress of the claim.

Please therefore forward the requested documents (which of course should be in the possession of your " client" prior to the issue of the claim.) by return of post.

You are reminded that the provisions of CPR 31.14 apply to this claim until it is allocated to the small claims track.

I would also like to remind you about ‘Practice direction 18 – Further information 2.2 (2)
Such a letter should identify itself as a response to the Request and deal with no other matters than the response. Therefore in your response please provide the documents requested rather than making any assumption about the documents.

Failure to comply with my request will be brought to the attention of the court.

[MIKE770]

Re: Cabot financial county court claim - urgent need help please

reads ok with me , see what other say!

Recorded Delivery

[Diana M]

Re: Cabot financial county court claim - urgent need help please

I have drafted this letter to them using the forum templates posted by other member credit to NEM.

"I refer to your letter dated 26/04/2017 in reply to my request made under the provisions of
CPR 31.14 for inspection of documents and your request for disclosure of documents you
assume I may have under my control.

Please note any such documents I may or may not have received from any party in the past
have no relevance to my request, and such documents will be disclosed if necessary at the
appropriate time during the progress of the claim.

Please therefore forward the requested documents (which of course should be in the possession of your " client" prior to the issue of the claim.) by return of post.

You are reminded that the provisions of CPR 31.14 apply to this claim until it is allocated to the small claims track.

I would also like to remind you about ‘Practice direction 18 – Further information 2.2 (2)
Such a letter should identify itself as a response to the Request and deal with no other matters than the response. Therefore in your response please provide the documents requested rather than making any assumption about the documents.

Failure to comply with my request will be brought to the attention of the court."

It's you choice whether or not you reply to Mortimer Clarke's letter but this is what I posted on another thread yesterday where they had received an almost identical one >

I see it's one of those sneaky letters where they're trying to get you to disclose documents from your files which they should have in their possession but obviously haven't.

Nice try Mortimer Clarke!

and also a letter to mortimer telling them i have no letters to inspect thats why i sent a CCA to cabot and still not received anything about the claim against me

You've sent a perfectly valid CPR 31.14 Request which they now have to deal with. No need to tell them what you have/haven't got. They were phishing for information.

If you tell them you've got nothing they may reconstitute something thinking you've got nothing to compare it with. At the moment they don't know what you've got. If you follow my logic

Have you sent a SAR to the original creditor? When you get a response you'll be able to see what really went on and when. If there's no information on the DN for example, yet the Claimant produces one, that begs the question of where did they get the information to do that.

No need to reply to Mortimer Clarke's letter.

I'm also a little bit perplexed about the paragraph (which I've highlighted in blue) in your draft response. Have you sent Part 18 questions to the solicitors?

Di

[jay12]

Re: Cabot financial county court claim - urgent need help please

It's you choice whether or not you reply to Mortimer Clarke's letter but this is what I posted on another thread yesterday where they had received an almost identical one >











I'm also a little bit perplexed about the paragraph (which I've highlighted in blue) in your draft response. Have you sent Part 18 questions to the solicitors?

Di

Hi please advice what is a part 18 request the only letter I have sent are.

1) CCA request to cabot.
2) CPR request to solicitor with attached copy of CCA request.


regards
Jay

[Diana M]

Re: Cabot financial county court claim - urgent need help please

please advice what is a part 18 request the only letter I have sent are.

1) CCA request to cabot.
2) CPR request to solicitor with attached copy of CCA request.

I asked that question because you referred to Part 18 in your draft letter so you must have done that for a reason.

Di

[warwick65]

Re: Cabot financial county court claim - urgent need help please

Just to answer your question about a part 18 request

A request under CPR 31.14 is specific and should only be used for documents mentioned in the particulars of claim
A Part 18 request is a request for further information not mentioned. I think that they should also be very specific and not just 'fishing' letters

Di asked you about part 18 because you mentioned it in your letter- to me it would seem silly to post that letter if you have not sent a part 18 request . I think the other side might just think 'amateur' and be more likely to chance their arm all the way even if they haven't got the correct paperwork.

I am not sure what you asked for in your CPR31.14 request but it seems to be MC's stock answer- again as Di says, they are trying to find out what you have ( well in my opinion) and at this point they do not need to know.

If I was going to send a part 18 request I would be asking for 'A copy of and the date a valid default notice was served'

Final point
Has your cousin sent a Subject Access Request to Vanquish?

This might throw up information that the claimants do not have which could be good for you

[jay12]

Re: Cabot financial county court claim - urgent need help please

Just to answer your question about a part 18 request

A request under CPR 31.14 is specific and should only be used for documents mentioned in the particulars of claim
A Part 18 request is a request for further information not mentioned. I think that they should also be very specific and not just 'fishing' letters

Di asked you about part 18 because you mentioned it in your letter- to me it would seem silly to post that letter if you have not sent a part 18 request . I think the other side might just think 'amateur' and be more likely to chance their arm all the way even if they haven't got the correct paperwork.

I am not sure what you asked for in your CPR31.14 request but it seems to be MC's stock answer- again as Di says, they are trying to find out what you have ( well in my opinion) and at this point they do not need to know.

If I was going to send a part 18 request I would be asking for 'A copy of and the date a valid default notice was served'

Final point
Has your cousin sent a Subject Access Request to Vanquish?

This might throw up information that the claimants do not have which could be good for you

Hi thanks for clarifying this.

in the CPR request I asked for these documents.

1) Agreement
2) Assignment
3) Default notice
4) Formal demand.

I have just noticed that the particulars of the claim just mention agreement and assignment therefore the CPR request should have stated these two only and a further part 18 request sent requesting the other two documents.

Do you think I should send another CPR request with only agreement and assignment? or just send another part 18 letter requesting default notice and formal demand.

No my cousin hasn't sent a subject access request please advice if their is any templates for that and what exactly should we request from vanquis.


Thanks for the response appreciated.

[warwick65]

Re: Cabot financial county court claim - urgent need help please

Hi
I don't think they can just ignore a CPR31.14 request because you have asked for things in it you shouldn't have. They said the account was terminated so you could have asked for that. Lets see what [MENTION=87380]Diana M[/MENTION] suggests

Personally I would leave it but ....

As for a SAR here is a template
http://www.legalbeagles.info/forums/...953#post466953

You will need to send the £10 fee and you really want all records pertaining to your cousin and their dealings with Vanquish

I sent one to another firm recently and they did not send everything so I chased it up and got even more - been quite a read

[jay12]

Re: Cabot financial county court claim - urgent need help please

Hello everyone,

My cousin just received this letter



Shall we call mortlake and agree on a 28 days extension for the defense? and please help me to prepare a defense.

Regards,
Jay

[warwick65]

Re: Cabot financial county court claim - urgent need help please

Personally I would not ask for an extension, why give them more time?

BUT
Whatever you do- follow the court timelines. Get your defence in on the due date , do not believe the on hold malarkey