Cabot Financial (UK) Limited v. Angel4321

[Angel4321]

I'm trouble and way out of my depth. I had a vanquish account taken out in 2013- CC. I received a county court claim on 12th feb 2018. I went onto this forum and tried to do a DIY job but im confused. I,ve built my credit back up and this has come back to bite me...

Received a claim? Yes/No: YES

Issue Date: 12/01/2018
Have you Acknowledged the Claim?: YES
Total Amount Claimed: £3900
Claimant’s Name: Cabot Financial (UK) Limited
Solicitors Firm: RESTONS
Original Creditor: VANQUISH
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD

Particulars of Claim: Please type out in full excluding names/account numbers: THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT UNDER A CONTRACT BETWEEN THE DEFENDANT AND VANQUISH DATED ON OR ABOUT JUNE 26 2013 AND ASSIGNED TO THE CLAIMANT ON JUN 2017. PARTICULARS A/C NO XXXXXXXXXXXX

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NO - I WAS MAKING PAYMENTS UNTIL I LOST MY JOB IN 2014
List any letters you have sent (eg: CCA/ CPR ): CCA REQUEST TO RESTONS AND CABOT. CPR REQUEST TO RESTONS

Other Information or Background Details:

I ORIGINALLY WROTE TO RESTONS REQUESTING DETAILS ABOUT THE CLAIM BUT THEY DIDN'T RESPOND SO I SENT THEM A FORMAL REQUEST ON THE 9/2/18(RECORDED DEL). I HAVE NOW RECEIVED A REPLY. I WILL UPLOAD EVERYTHING I HAVE SENT AND RECEIVED. PLEASE PLEASE HELP ME

[Angel4321]

Here are the letters I have sent

[Angel4321]

This is what I received this morning. I don't know what to make of it...

[Angel4321]

defence:

1. I received the claim E******** from the Northampton County Court on 15.01.2018.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim appears to be for a loan agreement regulated under the Consumer Credit Act 1974.

4. It is denied that I have previously entered into a contract with Vanquish for provision of credit or a loan.

5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

6. The Claimants statement of case states that the account was assigned from Vanquish to Cabot on 30.06.2017.I do not recall notification.

7. It is denied that Vanquish served any Default notice on the myself pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8. On the 18.1.2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons solicitors . I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Restons solicitors has not sent any of these documents to me.

10. On the 12.02.2018 I sent a formal request for a copy of the original agreement to Cabot pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief .