Court Claim - Cabot / Vanquis - 22-12-2014

[Amethyst]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

we would advise you that your defence is a format that we are familiar with as we have seen this template numerous times previously and are fully aware that this template is widely circulated on consumer-based websites for the sole purpose of attempting to avoid repayment of legitimate debts .

Cheeky gits, like we've never seen their exact Particulars of Claim before, what's good for the goose... etc

Anyway maybe a couple edits to that last line particularly - 2 mins xx.

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Thanks ,can you tell me which parts I should remove ,very grateful to everyone who has given me advice on this ,x

[Amethyst]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

SORRYYYYYYYYYY, I might have got a bit carried way - will need tidying but hopefully gives you a bit more to go on ............ more than happy for others to stomp on my fingers btw xx

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CLAIM NO xxxxxx CABOT FINANCIAL v DOG11

I am in receipt of your letter dated 10/02/2015 and note its contents.

As a defendant in this case I am entitled to see the documents on which your Client intends to rely on in court and which you will have to produce at trial.

The claim appears to be for Credit Card agreement regulated under the Consumer Credit Act 1974 although the claimant doesn't state this in their statement of case and I am surmising this as Vanquis are a credit card company. Your client's statement of case fails to give adequate information to enable me to properly assess the position with regards to the claim. There is no detail of the contract/agreement, other than it may have been entered into in January 2009, and no detail of how the sum claimed has been calculated, or whether the terms of the contract/agreement have been breached. I am unaware of any arrears owing on any account with Vanquis and therefore I have requested documents from your Client to assist in my assessment of the validity of their claim.

My formal request for documents was made on the 05/01/2015 and you have acknowledged receipt.

On 05/01/15 I made a request pursuant to s.78(1) of the Consumer Credit Act 1974 directly to your Client, Cabot Financial, as they claim to be the Creditor by assignment and therefore under s.187 of the Consumer Credit Act 1974 must comply with my written request for a copy of the original credit agreement. I am sure you are fully aware, should your clients fail to provide these documents to me within 14 days they are unable to enforce any alleged debt whilst their default continues.

As they have seen fit to bring court action against me, based on the agreement, and do not appear to have had sight of the agreement, I do believe that this may be viewed as an abuse of the court process, particularly as your Client has admitted they don't hold the agreement on file and have to ask the assignee for a copy and expect that to take 40 days ( despite legislation allowing 12+2 days for compliance with a formal request)

Your Client has set the timescale by commencing the court action and I will be asking the court to consider striking out the claim should you fail to respond to the court whether you intend to continue in the claim within the allowed period of 28 days.

It is of no relevance to the case whether I based my defence on a 'template' or not. It is based in fact and law. May it also be of relevance that your claim is also based upon a 'template' used in hundreds of similar claims and contains very little information about the basis of the claim. I find the tone of your letter to be intimidatory.

I look forward to receiving the documents from your Client to evidence their claim against me.

Your sincerely

DOG11

[Dog11]

Re: Court Claim - Cabot / Vanquis - 22-12-2014

Thank you so much much for the reply ,will get it sent off in the morning ,x