Cabot issued court proceedings via Restons

[Abisyana]

Cabot have now issued proceedings via Restons
They have not supplied documents requested on the The Pre-Action Protocol sent to Restons mid July including,
Copy of The assignment of the debt from the original creditor (They say I was sent a copy when it was originally issued) … (I have never received any such copy )
The default notices
A complete set of statements relating to the original debt is a credit card showing all payments interest and charges.
A valid CCA


A CCA (the CCA supplied is between myself and a company I’ve never heard of. Its never been seen by me and not signed either physically or digitally. As far as I’m concerned, the CCA sent is a forged instrument and therefore does this make Cabot guilty of conspiracy to defraud?
Do they have to provide copies of proof of debt to the court? If so why not me.
Do I respond to the court claim form with a defence based on they haven’t provided the docs requested under the protocol??
Is the next step going to cost me a fortune I haven’t got?
Any ideas on what to do next would be gratefully received

[Amethyst]

What company is the original debt with and what company is the agreement with ?
Presumably it's a reconstruction as opposed to a direct copy of the original ? ( so no signature on it )

[Abisyana]

What company is the original debt with and what company is the agreement with ?
Presumably it's a reconstruction as opposed to a direct copy of the original ? ( so no signature on it )

The original company is Newday ltd T/A Aqua and the CCA supplied is with progressive credit Ltd ( never heard of them )

[Amethyst]

Thought it may be Aqua ... they have some identity issues.

Do you know when the Aqua account was first opened ? between 2011 & 2014 ? or before 2011 ?

Could you type out the particulars of claim from the claim form pls.

[Abisyana]

Thought it may be Aqua ... they have some identity issues.

Do you know when the Aqua account was first opened ? between 2011 & 2014 ? or before 2011 ?

Could you type out the particulars of claim from the claim form pls.

The claimant claims payment of the overdue balances (set out below) which the defendent(s) have failed to pay as required under contracts with the following particulars
acc no **********
acc no **********, between the defendant(s) and Vanquis and new day dated on or about Sep 18 2013 and March 19 2014 respectively. The contracts were assigned to the claimant on Jun 30 2017 and June 09 2017 respectively.


Acc no: *************
Acc no: *************
17.04.2018 Default balance £1700
22.06 2018 Default balance £1080
Post refCr Nil
Total: £2780.00
Total: £2780.00

between 2011 % 2014 and it was definately with New Day

[MIKE770]

2 different claims???????????????????

[Amethyst]

They've merged a Vanquis credit card and an Aqua account into the one claim then?

You requested documents in the preaction reply but so far they have only provided a single agreement with Progressive Credit - in March 2014 ( which is when they say you entered into an agreement with NewDay )

March 2014 - "

On 1st April 2014, SAV Credit Limited became NewDayCards Ltd and Progressive Credit Limited became NewDay Ltd" ( https://beta.companieshouse.gov.uk/company/07297722 - that's Progressive changing their name to NewDay Ltd )- so it would have been a Progressive Finance agreement ( Progressive were Aqua from 2012 to April 2014 )

The Vanquis card - in Sept 2013 Vanquis were owned by Provident and had some issues with 'ROP' - https://news.sky.com/story/vanquis-t...omers-11269518


Anyway you will need to send two CCA requests to Cabot - one for the Vanquis account and one for the NewDay account - CCA Request

CPR 31.14 Request to Restons asking for both agreements, both default notices and both sets of notices of assignments.

Could you redact your personal details and post a copy of the progressive credit agreement pls.

What was the date of issue of the claim - and have you acknowledged the claim with intent to defend in full ?

[Abisyana]

I just received another CCA from Cabots this one is with newday ltd ( can I have 2 CCA.s for the same card ?) I,ve redacted my details and posted both below.
I had already requested notices of assignments, default notices and a full set of card statements for both Aqua and Vanquis in the pre action protocol sent to me by Restons but have received nothing
Issue date was 29.10.2018 and I haven't yet acknowledged the claim with intent to defend in full

cca one.pdf cca two.pdf

[MIKE770]

Acknowledge Claim before you get a default judgment i.e. auto CCJ

[Amethyst]

Yes as Mike says, get the Claim acknowledged with intent to defend in full... it's not binding, but you need to do it before a default judgment is issued. It simply gives you that extra bit of time.

Now, these agreements - did a covering letter come with them explaining what they were for?

It seems they are both the Aqua account - when responding to a CCA request they are supposed to provide terms from when the account was opened, and those in force when it was defaulted. So when the account was opened in March 2014 it would have been with Progressive Credit ( APR 29.7%) and when defaulted it would have been with Newday ( as it changed in April 2014 ) (39% APR). I can't make out the exact interest numbers of the NewDay agreement - think purchases is around 33%, whereas original agreement is at 29.7%.

The card was originally taken out via the 'Lower my Bills' Experian website/service. Does that sound right?
Do the interest rates scan with your statements they've sent ? Do you recall the interest going up ?


So there is nothing agreement wise from the Vanquis account ( they were Provident at one point but not progressive or newday so there will need to be a separate credit agreement ).

[Abisyana]

I had these attached to the CCA reconstituted
I had requested other documents as scan upload that havent arrived and I would need these< especially the old Vanquis statements to put forward a defence. Also I have today submitted an acknowledgement with intention to defend in full

[Abisyana]

HiI have a very long CCA from cabot that was from Vanquis but its a reconstitution with no dates or my details. On the pre proticol form sent to me from Restons I requested the following on this posted image. I to date have received nothing. Should I write to Restons or the court explaining that it will be dificult for me to prepare a defence without the old Aqua and Vanquis statements, or any other ideas would be great .

[Amethyst]

What's the FOS complaint regarding ? Charges ?

Statements wise - I'd send a SAR to Vanquis and a SAR to Aqua(Newday) to get the transaction lists.

Does the Vanquis agreement mention Provident anywhere in it ?

[Abisyana]

Hi
The FOS complaint about Vanquis was regarding charges and interest applied after my contact with them.
I'll send the SAR to both Vanquis and Aqua ( I already requested these quite a while back in the pre action proticol form but have received nothing)
The parties on the agreement does not mention Provident anywhere

[Abisyana]

Hi
Three days left to enter a defence or admit part or the claim. Restons did not respond to my request for documents and therefore I can't accurately calculate the amount owed as I need the old statements from Aqua and Vanquis and the SAR won't respond before Thursday and Cabot is now the owner f the debt and should supply me with these along with the other docs requested. Should I enter a defence on the grounds of the above and guess the amount owed or admit part of the claim in an effort to stop proceedings and keep it with Cabot
Any more info would be really appreciated.