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

[sterow]

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

Hi Nem,

Thanks for replying. I think I have covered everything - I am denying the debt and asking the claimant to prove that I owe it. I can't think of anything else to say - unless you have any suggestions?
Thanks again,
Sterow.

[sterow]

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

Hello,

I sent my defence a couple of weeks ago but I haven't heard from Restons. I have received a letter from Cabot enclosing what they say is a copy of the original agreement. I will upoad the details and and wondered if anyone can advise me if this does constitute an agreement. They have also sent several other pages which detail the terms and conditions. Any advice would be appreciated.
Many thanks,
Sterow.

[sterow]

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

If anyone could have a look at this and give me some advice I would be really grateful.
Thanks,
Sterow.

[nemesis45]

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

Hi Sterow,
To my mind that is just digital sig, application form, there should be two sets of T's and C's and any amendments
to them.

Is your name and address as it was at the inception of the agreement on the documents?

nem

[sterow]

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

Hi nem,

Thanks for your reply. The address is correct as at the time of the application. They have included a document entitled 'Vanquis Credit Card Agreement and Full Terms' but this does not mention any personal information. There is also a letter from Cabot headed 'Statement of Account' It's interesting that they are now asking that I work with them to set up a repayment plan. I would have thought that they would just go ahead with the CCJ if they have a necessary documentation to do so. What do you think?
Thanks,
Sterow.

[sterow]

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

Hi,

Anyone have any advice on how to proceed with this? I don't know whether to just set up a payments arrangement with them as I don't want to risk a CCJ. However, if the documents they have sent don't satisfy the CCA request then I don't want to give in if I don't have to! Any advice would be gratefully received.
Thanks,
Sterow.

[Amethyst]

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

I'd just wait and see if they respond to your defence, you sent it around three weeks ago didn't you, so give it another 10 days and give the court a call if you haven't heard anything.

[sterow]

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

Thanks for the reply. If they respond to my defence will I still be able to pay them before they can obtain a CCJ? I've only just had one CCJ drop of my credit history so the last think I want is to get another one! I don't want to be hasty but at the same time I want to avoid another CCJ.
Thanks again,
Sterow.

[Amethyst]

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

You will be able to negotiate with them to get a settlement in place, and if you can't do the full whack you can try and sort out a Tomlin order (consent order).... anytime up to the hearing date really. I would certainly wait for their response to the defence firstly though then consider what you want to do. Don't forget you could also pay after judgment - so long as you pay in full within 28 days no CCJ would be registered on your file.

[sterow]

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

Oh I see, I didn't realise I would get another 28 days to pay, so as a last resort I could just pay it then. I will wait to see what happens and let you know.
Many thanks for your help.
Sterow.

[Amethyst]

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

Some info on that

Paying the Debt within 28 Days
If a county court judgment is paid in full within 28 days it can be removed from the Register. In practice judgments are not generally registered before the initial 28-day period has expired. If the debt is valid, and affordable, the creditor should be contacted immediately to find out where and how to make payment. When payment is made a receipt should be requested.

The county court where the judgment was entered will provide the necessary application form to have the judgment removed from the Register. Details of the judgment, including the claim number, will be needed - together with written confirmation from the creditor that the debt has been paid. A fee is payable and the application will not be processed until payment of the fee has cleared.