Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

[sterow]

Received a claim? Yes
Issue Date: 17-2-2015
Amount approx: 1400
Claimant: Cabot Financial (UK) Ltd
Solicitor: Restons Solicitors Ltd
Original Credit: Vanquis

Particulars of Claim:
The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Vanquis dated on or about Aug 21 2006 and assigned to the Claimant on Feb 23 2011

Particulars a/c no 4023962007181619
DATE ITEM VALUE
26/01/2015 Default Balance 1399.38
Post Refrl Cr NIL

TOTAL 1399.38

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I believe the debt will be statute barred on 29/5/2015. I sent the CCA request to Cabot by recorded post and they have received/signed for it on 11/2/2015. They have not responded to date. I also sent a copy to Restons for their records. They returned the copy stating that they would not accept/acknowledge any unsigned documents from me. I have acknowledged the claim on the MCOL website stating that I intend to defend in full. Do I need to do anything else at this stage?

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

I believe the debt will be statute barred on 29/5/2015.

Sadly this will no longer be the case, court proceedings will have reset the clock.

I sent the CCA request to Cabot by recorded post and they have received/signed for it on 11/2/2015. They have not responded to date. I also sent a copy to Restons for their records. They returned the copy stating that they would not accept/acknowledge any unsigned documents from me.

They have 14 working days to respond so a further week or so to go. Not that they'll be able to comply, my guess is, they'll probably reply with their usual misleading template letter saying they've requested them from Vanquis and will send them within 40 days, this is an example: http://www.legalbeagles.info/forums/...346#post520346

Restons are not the creditor so it's fine if they refuse to acknowledge your request.

I have acknowledged the claim on the MCOL website stating that I intend to defend in full. Do I need to do anything else at this stage?

Not at the moment, just keep an eye on the timescales. If Restons don't reply to your CPR request in 7 days as the letter says, you should chase them for the documents and ask them to agree to a 28 day extension to submit your defence. There's no need to chase the CCA request, just be aware that if they send you one of their letters saying the account is 'on hold'. you should still submit a defence in time to avoid default judgment. :clock:

[sterow]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Ok - that's great - thanks for clarifying. I will keep you updated with Cabot/Restons responses. If they don't come up with the CCA I will need some help preparing my defence.
Thanks again.

[sterow]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Update! sent the CCA request to Cabot on 10/2/15 and they received/signed for it on 11/2/15. I received their response today (dated 17/2/15) stating that they do not have the CCA agreement but they have requested it from the original lender which can take up to 40 days.
I sent the CPR 31.14 to Restons on 20/2/15 but to date no reply.
Do I need to do anything at this stage?
Many thanks.

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Update! sent the CCA request to Cabot on 10/2/15 and they received/signed for it on 11/2/15. I received their response today (dated 17/2/15) stating that they do not have the CCA agreement but they have requested it from the original lender which can take up to 40 days.

That seems to be their standard template response to all CCA requests these days. There's no need to chase the CCA request as non-compliance can be used in your defence. :thumb:

I sent the CPR 31.14 to Restons on 20/2/15 but to date no reply.
Do I need to do anything at this stage?
Many thanks.

Not yet, they have 7 days to reply so I'd give them all of this week and start chasing them on Monday. To save time you can ring and/or email them. You can ask them to agree to a 28 day extension to submit your defence, which is the maximum allowed under CPR15.5. Keep an eye on the calendar and do keep us posted. :typing:

[sterow]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Hi,

Response received from Restons today. I don't have a scanner so I will type their response.

Dear Sir

We acknowledge receipt of your recent request made pursuant to CPR 31.14.
We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."
We would also remind you that CPR31.14 states:-
"A party may inspect a document mentioned in -
a. a statement of case
b. a witness statement
c. a witness summary; or
d. an affidavit"
You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.
Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim and therefore CPR31.14(1) does not apply.
Although your letter states that you require the requested documents in order to file a Defence/Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the claim relates to, namely:
a. the date the account was opened
b. the account number
c. the outstanding balance
d. the name of the original creditor; and
e. the fact that the account has been assigned to the claimant and when it was assignes.
We trust this clarifies matters.
Yours Faithfully,
Miss L Hope, Litigation Executive
pp Restons Solicitors Ltd.

That is the letter word for word! and advice on how to proceed?
Thanks.

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Another template response.
It is irrelevant what one may have had in the way of documentation in the past, CPR31.14 is relevant whilst the claim has not been allocated to a track.

nem

[sterow]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Thanks for your reply. Should I respond to this letter or just go ahead with my defence?

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Yes get your defence started and tell Restons that what may or may not have been provided by the original creditor CPR 31.14 still applies as the claim is not yet allocated to a track.

nem

[sterow]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Thanks Nem. Are you able to help me put the defence together or point me in the right direction? I don't really know where to start :colbert:....

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Hello Sterow,
First have a look round the Cabot threads on the forum, so you can see the way to layout the defence, make a draft and post it here then
we can see what needs to be done any queries in the meantime post here.

nem

[sterow]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Hi,

OK I've put together a draft defence based on some others in the Forum.

1. The Claimant's claim was issued on 17th February 2015.

2. The Defendant made a formal request for a copy of the original agreement under section 78(1) Consumer Credit Act 1974 on 10/Feb/2015. The claimant has yet to fulfil this request. While the default of the request continues the claimants is unable to enforce the debt pursuant to s 78(6) on the Consumer Credit Act 1974.

3. The Defendant made a request for inspection of documents mentioned in the Statement of Case under Civil Procedure Rule 31.14 on 20/Feb/2015 which was delivered and signed for by the Claimants solicitor on 23/Feb/2015. As of 2/Mar/2015 no information has been received.
4. The Defendant contends the Claimant should have the documents on which he intends to rely in his claim before commencement of proceedings.
5. The Claimant's claim to be entitled to payment of £****** or any other sum, or relief of any kind is denied.

Does this sound OK? Just wondered about the part where I quote 'the statement of case' on the claims form I can only find a section headed 'Particulars of Claim' does this make any difference?
Thanks,
Sterow.

[sterow]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Can anyone have a look at my draft defence and let me know what you think?
Thanks.

[sterow]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Anyone ?

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Vanquis - 17-2-2015

Particulars /statement are the same.

Are you sure that have covered all things that could be part of your defence?

nem