Court Claim - cabot financial ltd / vodafone - 16-12-2014

**Amethyst** · 22nd December 2014, 10:11:AM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi Zainawat, Welcome, and thank you for reporting your post, my apologies for missing it yesterday.

I'm not sure precisely what the amount is for, did you pay for the laptop up front or was that included in the credit agreement as well ? or is the amount owed solely for the dongle minutes ?

They have made out in the claim it is for mobile airtime. Do you know who the credit agreement was with ? was it directly with vodafone ?

While we sus that out a bit you should be getting on with first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

I'd still send a CCA request just to be sure the type of account.

Best regards

Sharon

**zainawat** · 22nd December 2014, 15:56:PM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi Sharon thank you so much for getting back to me, i think the contract was with Vodafone but not 100% sure as it was a while ago. Ill try look back through bank statements. The contract was for the lap top and the dongle included. If i remember rightly i paid a small amount upfront for the laptop but thats about it. Thank you so much for your help ill get the proces started

**Vodafone Company Rep** · 23rd December 2014, 13:32:PM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi zainawat,

If you'd like me to take a look at this, email me with your details via the Contact us form here and quote the code WRT135 - FAO Lee in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

Kind regards,

Lee

Social Media Comms

Vodafone UK

**zainawat** · 24th December 2014, 23:01:PM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi Lee, thank you so much for your help. Ive sent it across. If you need any further details please let me know. Thank you. Email ref Re: WRT135 - FAO Lee [#8971174]

Thanks again
Awat

**Vodafone Company Rep** · 1st January 2015, 10:41:AM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi Awat,

I can see that my colleague Jenny replied to you on 29 December.

Once you've come back to us with the information needed, we'll get back to you as soon as possible.

Kind regards,

Lee

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Vodafone UK

**zainawat** · 1st January 2015, 23:50:PM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi Lee, thanks for getting back to me. Im unsure of the phone number as it was just the sim for the dongle. Ive messages back with the address. Hope that will be enough to help?

Ive received a letter from mortimer clarke solicitors today saying....

further to your letter dated 21/12/14 we are taking our clients instructions in relation to your request and will come back to you as soon as we can.

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreenent.

please can someone help with the next steps?

Thanks very much

**Amethyst** · 3rd January 2015, 10:31:AM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hiya,

Yes you need to notify the court in writing of the extension - see http://www.legalbeagles.info/forums/...filing-defence for help with that.

You add the 28 days to the original date you had to file your defence by.

Then you wait for them to produce documents, or not, and file your defence 3/4 days before the end of the new deadline.

Regards

Sharon

**Vodafone Company Rep** · 3rd January 2015, 11:56:AM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi Awat,

I've got your email and I'll get back to you as soon as I can.

Kind regards,

Lee

Social Media Comms

Vodafone UK

**zainawat** · 12th January 2015, 21:25:PM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi guys just looking for a bit if help.
Received a letter from cabot financial today dated 30th december in response to my CCA request. The letter states

we acknowledge receipt of your request under section 77/78 of the consumer credit act 1974 (cca)

However please be advised your agreement with vodafone is a contract for communication services and is not based on credit as the usage is paid on a monthly basis. Subsequently it is not regulated under cca and your request is not applicable .
i would recommend you contact our collections department on 0845 0700 116 within the next 14 days to discuss the options available in settling the outstanding balance on your account. Failing which we will have no alternative than to escalate your account within our collection procedure.
For your ease of reference i can confirm the balance currently outstanding on your account is £393.22
I trust i have set our position clearly

i called cabot today as its still within the 14 days as the letter explains, they tell me my account is passed to marlin and they cant help me? I advised ive got the letter dated 39th december advising to call them within 14 days and they fobbed me off with marlins number, i called them and was advised the account was sent to them on 13th deptember 2014 and they passed it to mortimer clarke solicitors. I contacted then and was basically told ny balance is £572 and not £393 as cabot letter advises. Is there anything i can do regarding this total mess before it goes to court?

Any help is really appreciated

thanks

zainawat

**zainawat** · 12th January 2015, 21:26:PM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Sorry about the confusion my lettee is dated 30th december

**Amethyst** · 14th January 2015, 12:54:PM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Cabot own Marlin but it is a separate legal entity as far as I am aware so they'd need to change the claimant on the court claim and there should be assignment of the debt between the companies.

You haven't entered your defence yet have you?

Any luck dealing with Lee from Vodafone ?

**zainawat** · 14th January 2015, 22:08:PM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi, thanks for getting back to me. No ive not entered the defence as yet but needs to be in soon. Ive also not received anything more from mortimer clarke solicitors.

Yeah ive spoke to Lee, he checked the account and we are liable for the debt. Its seens that we moved and havnt informed them of the change of address so they were unable to contact us. We also never receiced nothing from any of the debt collectors it was passed into only the county court letter

thanks

zainawat

**Amethyst** · 20th January 2015, 11:11:AM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Hi Zainawat, I'll have a read back and see where we're up to on this xxx

**Amethyst** · 20th January 2015, 11:43:AM

Re: Court Claim - cabot financial ltd / vodafone - 16-12-2014

Okay, this is just a draft to give you a start on this defence, I've only gone off what you have said on the thread. I think you may as well try and make Cabot and co behave properly and come up with the paperwork and evidence of this debt before making any negotiations. Despite the CCA possibly not being applicable (I'm not sure what kind of contract it was at all still - free laptop with a dongle??? but then why pay Currys originally?? ) they still should evidence the claim and the amount owed and show how it was calculated.

1: I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

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

3: This claim is for an alleged agreement between myself, the Defendant, and Vodafone Ltd.

4: As there is very little detail in the statement of case I am making some assumptions in my defence of this claim.

5. In 2010 I purchased a laptop from Curry's ( DSG Retail Ltd ) I paid a sum (I do not recall how much) to Curry's at the time of purchase and made a number of payments following this.

6: A Vodafone 'dongle' came with the laptop to enable mobile internet access. I was not aware if there was a separate agreement for this.

7: I do not have any documents relating to the purchase and am unable to ascertain where the alleged debt may have accrued.

8: I have asked the Claimants for a copy of the agreement (which they refer to in their statement of case) and the terms and conditions which it is claimed I breached.

9: Prior to receipt of this court claim, I have not heard from the Claimant, or any other party, regarding the purchase or any agreement entered into since 2010. I have not received any default notice, termination notice or notice of assignment to Cabot Financial Ltd.

10. I sent a formal request for a copy of the original agreement to Cabot Ltd pursuant to sections 77 / 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. Cabot Financial Ltd have not sent any copy of the alleged credit agreement or any statement of account to me and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. I received a letter from Mortimer Clarke Solicitors stating the claim was for a contract for communication services. I do not have a copy of this contract and have requested the Claimant provide me with this.

13. I also sent a request for more information to Mortimer Clarke Solicitors, acting on behalf of the Claimant, for documents mentioned in their statement of case, under CPR 31.14. I have not received any documents at all from the Claimant or their solicitors.

14. I telephone the claimant, Cabot Financial Services on the 12th of January and they informed me the claim had been passed to Marlin Financial Service and I should contact them. I have not received any notification from the court of a change in claimant.

14. 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.

15. I request the court orders the Claimants to provide the necessary documentation and a statement of any account in order for me to fully plead my case else the Claim should stand struck out.

16. 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.

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Court Claim - cabot financial ltd / vodafone - 16-12-2014