CABOT FINANCIAL v DEFENDANT1

[Defendant1]

APOLOGIES IF THIS IS THE WRONG SECTION, HAVING A LITTLE TROUBLE ACCESSING THE FORUMS!

Received a claim? Yes/No: YES

Issue Date: 07/03/2018

Have you Acknowledged the Claim?: Claim acknowledged via moneyclaim.gov.uk

Total Amount Claimed: £490 including court and legal costs

Claimant’s Name: Cabot Financial

Solicitors Firm: Mortimer Clarke

Original Creditor: Vanquis Bank

Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card

Particulars of Claim: Please type out in full excluding names/account numbers: By an agreement between Vanquis Bank Ltd & the Defendant on or around 01/03/2015 ('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 £400 2. Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
The debt is not Statute Barred however I have not had any contact with the creditor since 2015.

Hi guys,

Thanks for opening this forum it has been a great help so far. But I could do with a little more if there is anyone kind enough to pop in here and offer some advice.

I have acknowledged the claim today which is 10 days after the issue date. (only received the court pack this morning), I have drafted the CCA request letter but I am a bit stuck with the CPR request.

I just don't know what to request since the particulars of the claim are pretty vague. Do is simply request "the agreement"?

Also once these documents have been sent off what's the next thing I should do?

Thanks in advance,

Defendant1

[Amethyst]

I'd ask for the Agreement, Assignment and Termination Notices. They aren't specifically mentioned but as you won't be applying to enforce the CPR request through court I think you'll be fine asking for them and will show the court later that you have requested copies.

This is quite a recent debt if the card was only taken out in 2015, so it is very likely the documentation will be in order, and you will need to sort out getting it settled or installments paid outside of court to avoid a CCJ ... although you should still ask them to produce the documents as it puts you in a stronger position.

Are there any disputes on the debt at all ?

Sorry to hear you've had problems with the forum, I'll move your thread to the court claim section for you ( and leave a redirect so you can find it )

[Defendant1]

Hi Amethyst,

Thanks for the quick reply, I don't have any paperwork to hand because we have moved address since the credit card was taken out. I seem to remember the debt being around £350. But that could very well have changed in the time we have been at the new address.

Do I send a postal order and a copy of both request letters to both Cabot and Mortimer Clarke meaning two £1 postal orders?

Also what should I do in the mean time once the two request letters have been sent off? Do I draft a defence or await a reply?

Also the line on the CPR request "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 xx/xx/xxxx."

What date would I put down at the end?


Kind regards,

Defendant1

[Amethyst]

Just £1 postal order with the CCA request to Cabot.

We just say send a copy of the CCA letter to Mortimer Clarke for their reference ( sometimes they reply saying 'our client hasn't received a CCA request' )
Monday, 9 April 2018 is the final defence date so use the Friday before - so put Friday 6th April 4pm.