Help..Court papers recieved for CCJ from Cabot / Restons solicitor for old Vanquis cc

**PAWS** · 10th August 2014, 15:48:PM

Re: Help..Court papers recieved for CCJ from Cabot / Restons solicitor for old Vanqui

Hello Hullguy

Someone will be along soon to give you more in-depth advice. In the meantime; it looks like the debt was sold to Cabot which would explain the entries on your credit file. Did you get a letter telling you this /letter of Assignment?
When did you stop paying? Was it in early 2010 and did Vanquis sent you a default note?
Like I say I cannot advise you on what to do next but any/all old paperwork will help when one of the clever guys come on to help.

**PAWS** · 11th August 2014, 15:17:PM

Re: Help..Court papers recieved for CCJ from Cabot / Restons solicitor for old Vanqui

I’ll give this a bump for you and see if anyone can help:bump2:

**skilganon** · 11th August 2014, 21:50:PM

Re: Help..Court papers recieved for CCJ from Cabot / Restons solicitor for old Vanqui

Originally posted by Hullguy View Post

Hi all,

I am a complete newbie here and so upset at the moment so apologies if this is in the wrong place.

I have been trying for past 5 years to get a clean credit report and no debt which has been fine until today.

Recieved a claim form from the courts regarding an old vanquis credit card. The card was taken out in 14th July 2008 but due to redundancies was defaulted.

On my credit file it shows the vanquis entry as satisfied on the 18th June and the last entry on the 5th July 2009 shows a balance of £0.

Another entry has appeared for Cabot Financial showing an account start date of the 14th July 2008 and a default that shows a date of 30th June 2010 for a much higher figure (by £300)

I have had the usual threats on the phone from them but advised i dont know who they are and that was that.

Today I have received a Claim form stating the following...

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Vanquis dated on or about 14/07/2008 and assigned to the claimant on 23/02/2011 in the sum of ???.??

Particulars a/c no:-4023##########

What should I or can I do? I have seen varied advice. Some saying to reply with Acknowledgement of service and request a CCA from Cabot. and some saying this wont matter.

I feel so bad as next year we are looking to move house and this is going to really mess things up if they get a CCJ

Can anyone help? or give me some advice?

Thank you in advance

hi Hullguy,

is there any way you can attach a copy of the particulars of claim? make sure you remove any exact amounts and account numbers.

what is the date on the claim form? this will determine when you need to acknowledge service and submit your defence.

you need to send a cpr 31 request to cabot to provide documents to prove their claim, you can request any document referred to in their POC.

i hope this helps

**Hullguy** · 26th August 2014, 20:27:PM

Re: Help..Court papers recieved for CCJ from Cabot / Restons solicitor for old Vanqui

Hi all,

Im so sorry I have not followed up on here sooner.

I sent off 2 requests to Cabot. 1 asking for the CCA and a 2nd letter (cpr31) asking for all evidence etc as advised.
They have replied regards the CCA and say they have not got one and will go to the original lender which will take 30 days. They are still to reply to the second request.

I am due to submit defence tomorrow. Any tips?

**panther12** · 27th August 2014, 20:08:PM

Re: Help..Court papers recieved for CCJ from Cabot / Restons solicitor for old Vanqui

Originally posted by Hullguy View Post

Today I have received a Claim form stating the following...

I am due to submit defence tomorrow. Any tips?

Complete the acknowlegment of service, that extends the time to submit defence from 14 to 28 days.

**Hheyes** · 28th August 2014, 06:40:AM

Re: Help..Court papers recieved for CCJ from Cabot / Restons solicitor for old Vanqui

Originally posted by panther12 View Post

Complete the acknowlegment of service, that extends the time to submit defence from 14 to 28 days.

Chances are that extra time still won't be enough.

There's a perhaps interesting and valid point here, and also relevant to my own situation...

It appears to be relatively common for CCA/CPR requests to not produce required info speedily enough to enable filing of an appropriate defence.

My understanding it that sometimes this is because it genuinely can't be done, and at others simply a stalling tactic which might lead to a default judgment.

I realise that in CCA/CCR requests I sent this week, I should perhaps have included something to the effect of 'I've been advised that it's likely this can't be done quickly enough to enable me to file an appropriate defence, so please confirm your agreement to an appropriate extension of x days'. But I didn't, and hence it's likely that I'll need to recontact them asking for such an extension.

Looking ahead, and without trying to unproductively guess what'll happen, perhaps unwisely I'm also considering filing a defence before the due date rather than ask for an extension... explaining that 'the Claimant hasn't yet appropriately responded to my request for the further information necessary for me be able to fully consider my position/response/defence, and in the absence of such info the claim is unenforceable anyway'.

This takes a stronger 'they haven't proven the case and it's not legally enforceable' line than more meekly asking the Claimant/Court for an extension.

I'm sure someone will have a perhaps wiser view on this.

Help..Court papers recieved for CCJ from Cabot / Restons solicitor for old Vanquis cc