Cabot Financial (UK) LTD - Claim Form

[Lefin]

Hi,

I have received a claim form this morning regarding a debt from Cabot.

The original debt was from a Vanquis account I use to have, I have never received an Action before Court letter from Cabot or anything else to suggest they will pursue this debt via the courts.

Can someone please advise what my next steps should be?


TIA

[MIKE770]

Pre Action Letters
First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request



get the idea somebody will be along to advise soon

[MIKE770]

also give more information of dates etc payments, default notice taken out etc etc

[Lefin]

Thanks Mike,


Bit more info -


Debt amount £359.25
Defaulted - Feb 2015

[warwick65]

Can you type out the particulars of claim as they appear on the claim form.

From there it is possible to decide what you can ask for from Cabot

Who are the solicitors?

You do need to make sure you acknowledge the claim which gives you more time to get a defence together.

Also when was the card taken out can you remember

[Lefin]

Hi Warwick,

the claim form is from the County Court Business Centre.

The solicitors are Restons Solictors LTD. So it’s an Acknowledgement of service, Admission, income & expenditure and counter claim section all to complete.

the card was taken out in February 15 and default was August 16

[warwick65]

Hi Warwick,

the claim form is from the County Court Business Centre.

The solicitors are Restons Solictors LTD. So it’s an Acknowledgement of service, Admission, income & expenditure and counter claim section all to complete.

the card was taken out in February 15 and default was August 16

You would only fill out the admission and I&E if you do not want to fight the claim. Also an admission would get you a CCJ

In my opinion never ever admit to it at an early stage

What I would be doing is

1) Acknowledgment of service with an intention to defend all
2) Send a CCA request to Cabot financial with a copy to Restons
3) Send a CPR 31.14 to Restons asking for documents mention in the particulars of claim- that is why I asked you to type out the particulars of claim so I could suggest what to ask for


I am not saying you may never pay them but at this stage it really is all about 'playing the game' . It is strategy

Restons will say you should have the documents in your own file- that is unimportant- they need them to prove their case , particularly a compliant default notice ( I understand the law around that I think) , proof of an agreement, proof of assignment - and depending on the claimants name they may be unlicensed and then there are other things such as S86 notices but I am not exactly sure how to argue those

[Lefin]

You would only fill out the admission and I&E if you do not want to fight the claim. Also an admission would get you a CCJ

In my opinion never ever admit to it at an early stage

What I would be doing is

1) Acknowledgment of service with an intention to defend all
2) Send a CCA request to Cabot financial with a copy to Restons
3) Send a CPR 31.14 to Restons asking for documents mention in the particulars of claim- that is why I asked you to type out the particulars of claim so I could suggest what to ask for


I am not saying you may never pay them but at this stage it really is all about 'playing the game' . It is strategy

Restons will say you should have the documents in your own file- that is unimportant- they need them to prove their case , particularly a compliant default notice ( I understand the law around that I think) , proof of an agreement, proof of assignment - and depending on the claimants name they may be unlicensed and then there are other things such as S86 notices but I am not exactly sure how to argue those

Hi Warwick,

The particulars are stated as follows

The claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(s) and Vanquis dated on or about Feb 16 2015 and assigned to the claimant on Jun 30 2017.

Particulars a/c no xxxxxxx

Date 29/01/2018, default balance 359.25
Post refrl cr - NIL

[warwick65]

Hi
Incredibly vague so really the only thing you could really ask for in a CPR 31.14 request would be a copy of the contract

However within your defence you would also plead no default notice, no notice of assignment and plead they have to prove their rights to bring the claim , asking for the deed of assignment

I would usually say send a SAR to Vanquis but it costs £10 - at least until 24th May when the info should be free I think ( A European law that benefits consumers but let's not let the facts get in the way)


I think though, on balance I would still send a SAR to vanquis,

Did you have that horribly expensive PPI that Vanquis used to push , think it was called ROP

https://debtcamel.co.uk/vanquis-refunds-168m-for-rop/

[Lefin]

Hi
Incredibly vague so really the only thing you could really ask for in a CPR 31.14 request would be a copy of the contract

However within your defence you would also plead no default notice, no notice of assignment and plead they have to prove their rights to bring the claim , asking for the deed of assignment

I would usually say send a SAR to Vanquis but it costs £10 - at least until 24th May when the info should be free I think ( A European law that benefits consumers but let's not let the facts get in the way)


I think though, on balance I would still send a SAR to vanquis,

Did you have that horribly expensive PPI that Vanquis used to push , think it was called ROP

https://debtcamel.co.uk/vanquis-refunds-168m-for-rop/

Hi Warwick.


So in the CPR letter only request a copy of the contract?

You mention within my defence to please no default notice, no notice of assignment and to prove their right to bring a claim - excuse my ignorance but how/ where do i do this? Within the CPR letter?



Would it be more of my interest to contact Cabot directly and ask for a payment plan rather than taking this through the court?



Also, there is a paragraph on the CPR letter that says :

''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 should the date be for filing my defence?

[warwick65]

I can not and will not give advice- I am not qualified but what I would say is there is a long way to go before courts happens and one step , if you follow the steps is mediation, that could be a place where you enter a repayment plan.

My worry is, if you contact Lowell they might send any letter to the court as an admission and you could end up with a ccj regardless.

The points I mentioned are what you would put in your defence. If you have acknowledged the claim, yoiu have 33 days from the date on the claim form to enter one.

If you are not sure of the process, have a read of the first steps link posted by mike in post number 2

If you look at the defeat defences you will see the entries about default notices and assignments

[Lefin]

I can not and will not give advice- I am not qualified but what I would say is there is a long way to go before courts happens and one step , if you follow the steps is mediation, that could be a place where you enter a repayment plan.

My worry is, if you contact Lowell they might send any letter to the court as an admission and you could end up with a ccj regardless.

The points I mentioned are what you would put in your defence. If you have acknowledged the claim, yoiu have 33 days from the date on the claim form to enter one.

If you are not sure of the process, have a read of the first steps link posted by mike in post number 2

If you look at the defeat defences you will see the entries about default notices and assignments

Hi Warwick,

I completely understand, I wasnt asking for legal advice just more guidance. I sent the letters as mentioned and will keep you updated as it progresses.


Thank you

[warwick65]

Good stuff. I just wanted to be clear that was all.

[Lefin]

Hi Warwick, I havent yet received any of the requested information from either the solicitors or cabot finance. What should my next step be? Is there another letter I need to follow up with? I'm a little concerned that I wont be given enough time to put my defence in

[Rebz]

Hi Warwick,

The particulars are stated as follows

The claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(s) and Vanquis dated on or about Feb 16 2015 and assigned to the claimant on Jun 30 2017.

Particulars a/c no xxxxxxx

Date 29/01/2018, default balance 359.25
Post refrl cr - NIL

As per Warwick, I do not give advice and my posts should never be considered as advice or relied upon as a substitute for professional legal advice.

Just in case it has not been noticed, this appears to be a claim purely for the arrears (the overdue balance) and not for any accelerated recovery. The particulars quote "overdue balance" and a "Default Balance"

In which event there may not be a default notice but this may not assist you as the claim is not prevented by S87 CCA. Its been a long time since I had my sagas with debt, but I challenged a default notice and recall that there was a case with Woodchester that confirms the point that if a default notice is wrong there can still be a claim/award for the arrears.