Cabot / vanquis court claim

[Aquarius23]

Desperate for help!!! I really do not know what I am doing. Received a letter from Northampton county court. Cabot financial took over a very old credit card debt. I have followed the steps viewed on previous posts ( did not understand step 3 at all but sent the letter anyway) and have acknowledged the claim on money.gov. I have sent a letter asking for original documents from Cabot. I received a letter yesterday from Cabot to say they do not hold any information and they need 40 days to obtain from vanquis. My concern is I do not have 40 days according to the court. Please can someone assist me?

[judgemental24]

Re: Cabot / vanquis court claim

Three letter process??

Not that Getoutofdebt Freeman Garbage?

First quesion

You say you have acknowledged the claim, i take it you are defending all??

What exactly have you sent the claimant in way of requests??

What is the date on the claim form (Issue date)

[Amethyst]

Re: Cabot / vanquis court claim

Hi Aquarius, for future ref - don't send letters you don't understand, no question is a stupid question when it comes to court proceedings so just ask xxxx ok.

You've acknowledged and sent a letter asking for documents. Were they these letters CCA and CPR from here http://www.legalbeagles.info/forums/...it-Court-Claim ?

What date is your defence due ( 33 days from issue date) ?

You must stick to that regardless of Cabot saying they need 40 days - they set the timescales by bringing court action so it is there problem if they don't have documents in order.

[nemesis45]

Re: Cabot / vanquis court claim

Hi welcome to LB
Step 3, CPR 31.14 request? For documents mentioned im the particulars of claim only.
CCA request to Cabot with £ 1 statutory fee?
The 40 day nonsense is Cabot playing " silly bu**ers " there is no such timescale.
12 + 2 Working Days to comply otherwise the debt is rendered unenforceable until
the agreement is supplied.
No need to remind Cabot on this one.
When did you acknowledge service of the claim?
Some history on the debt please.
When was Vanquis Account opened? Pre April 2007 or after?
When was the last payment or written acknowledgment
of the debt made?
Does this account still show on your credit reference files? You can Check Noddle online ( Free)

Which company of the Cabot Group is named as the claimant?
Cabot Financial UK Ltd, Cabot Europe Ltd
Cabot (Marlin) Ltd.

nem

[Aquarius23]

Re: Cabot / vanquis court claim

Thank you all for getting back to me.
I received the court letter dated 1st October 15. I have sent the cca, cpr. I acknowledged the claim on 13th October. It's Cabot financial UK. It states assigned to the claimant on 12/12/2008.

- - - Updated - - -

I really do not remember when last payment was made but honestly don't think I ever paid anything back. The debt is not showing on my credit file at all.

[nemesis45]

Re: Cabot / vanquis court claim

Thank you all for getting back to me.
I received the court letter dated 1st October 15. I have sent the cca, cpr. I acknowledged the claim on 13th October. It's Cabot financial UK. It states assigned to the claimant on 12/12/2008.

- - - Updated - - -

I really do not remember when last payment was made but honestly don't think I ever paid anything back. The debt is not showing on my credit file at all.

You could ask Vanquis about the last payment a quick phone call would be OK in this instatnce.

nem

[FlamingParrot]

Re: Cabot / vanquis court claim

Desperate for help!!! I really do not know what I am doing. Received a letter from Northampton county court. Cabot financial took over a very old credit card debt. I have followed the steps viewed on previous posts ( did not understand step 3 at all but sent the letter anyway) and have acknowledged the claim on money.gov.

Can you clarify what steps you followed? Were they the ones re-quoted below?

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 have sent a letter asking for original documents from Cabot. I received a letter yesterday from Cabot to say they do not hold any information and they need 40 days to obtain from vanquis.

That's just their standard template response. The law only allows 12+2 working days to respond to a CCA request, after that the account becomes unenforceable as long as they don't comply with your request. :thumb:

My concern is I do not have 40 days according to the court. Please can someone assist me?

You are correct to say you don't have 40 days to file a defence, however, Cabot are unlikely to obtain the documents even in 40 days, as they are relying on the original creditor to supply them. You still need to file your defence before your time's up and you have 33 days from date printed on claim to do so. If you don't receive any documents by then, you'll just file the generic defence that says they didn't provide you with the paperwork.

There's no need to chase Cabot for the CCA request for reasons posted above, however, you do need to chase the CPR request (if you sent one).

Who is the claimant, is it Cabot Financial (UK) Limited or any other flavour (i.e. Cabot Europe, Cabot Marlin, etc.)?

[Aquarius23]

Re: Cabot / vanquis court claim

Those are the exact steps I followed. I had to pay £1 for one of them and the cheque has still not been paid in as nothing has been taken from my account. Do I phone the court to chase the cpr ? I really don't have any idea what I'm doing 🙈

- - - Updated - - -

Claimant is Cabot financial UK

[FlamingParrot]

Re: Cabot / vanquis court claim

Those are the exact steps I followed.

Ah, that's very reassuring. :clap2:

There seemed to be a bit of a confusion earlier on in the thread, because there is another site that promotes something called the "3 letter process" and a few posters on this thread were under the impression that was the process you were referring to. :ohwell:

I had to pay £1 for one of them and the cheque has still not been paid in as nothing has been taken from my account.

That would be the CCA request (step 2). No worries, as long as you have proof of posting, that should be enough. There's no need to chase that one because non-compliance is a bar to enforcement. :thumb:

Do I phone the court to chase the cpr ? I really don't have any idea what I'm doing

No, you need to get in touch with the solicitors, I can't see who they are using? Is it Restons? Weightmans? Shoosmiths? Their name and address should be on the claim form under "address for correspondence and documents". You need to chase up your CPR request with them, you may wish to say that, as they've not provided you with the documents you need to file your defence, would they be so kind as to agree to a 28 day extension to file your defence, as allowed under CPR 15.5. If they agree, you need to notify the court in writing. :typing: If they don't agree, then you still need to file your defence in time. :clock:

[FlamingParrot]

Re: Cabot / vanquis court claim

Claimant is Cabot financial UK

Ah, OK. Basically their FCA authorisation has lapsed and they appear to be trading without the required consumer credit license. There's a rather lengthy discussion going on here if you fancy a read: http://www.legalbeagles.info/forums/...ghlight=pt2537 and also here http://www.legalbeagles.info/forums/...censed-trading

Some people have been sending the letters below: :thumb:

It may seem like a lot but it's mostly a matter of copying and pasting and just filling in the bits highlighted in red. You can do most of it by email/online. :typing:

---

A) To be emailed to: cabotcustomer@cabotfinancial.com

Subject: Court claim xxxxxxx

Dear Cabot Financial (UK) Limited,

I am in receipt of court claim xxxxxxxx and note that Cabot Financial (UK) Limited are the claimant. I note that upon searching the FCA register that the license for conducting regulated consumer credit activities lapsed on 28/02/15. I would like to draw your attention to S39 of the consumer credit act which makes carrying on activities for which a license is required, without one, a criminal offence.

Yours sincerely

---

B) To be sent to the solicitors acting for Cabot as per your claim form.

(Some, such as Restons, don't accept correspondence by email, if that's the case, it will have to be posted but it certainly is worth it. :grin

Subject: Court claim xxxxxxx

Dear Sirs,

In the matter of Cabot Financial (UK) Limited v me Ref #######

I note that your client , the claimant, is Cabot Financial (UK) Limited. I note the claim form has been signed by xxxx and as is normal practice is accompanied by a statement of truth.

I further note that upon a search of the FCA register that the status of the claimants license is LAPSED and it did indeed lapse on 28/02/2015 which i note is before the claim was initiated and the said statement of truth signed by xxxx. I would like to draw your attention to s.39 of the Consumer Credit Act which makes carrying on activities for which a license is required without one, a criminal offence. It is also potentially contempt of court for xxxx to sign a statement of truth for a court claim on which they cannot have had a reasonable belief in its truth.

I would point out that s.40 of the Consumer Credit Act makes enforcement without a license impossible.

I await with interest your response.

Yours sincerely

---

C) To be emailed to the court: ccbcdefendants@hmcts.gsi.gov.uk

Subject :- Court claim xxxxxxx Cabot Financial (UK) Limited v ME

To the manager of the court.

Please put this letter before the judge.

I would like draw to the attention of the court that the claimant is carrying on regulated consumer credit business without a valid license. The FCA register number for Cabot Financial (UK) Limited is 472690 and shows as lapsed and also that it lapsed on 28/02/15.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

This will obviously be a feature of my defence however due to the large volume of these claims i felt the court should be informed so any investigation deemed necessary, or not, could reduce the burden placed upon the courts.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court as they cannot have held an honest believe in the truth of the statement and i would ask that that particular matter be referred to the Attorney General.

Yours sincerely

---

D) Report to the SRA: http://www.sra.org.uk/home/contactus.page -> Select - consumer- other and proceed to step 3.

Subject - Criminal act - Consumer credit - Solicitor aiding

I would like to inform the SRA that [INSERT SOLICITORS' NAME HERE] have lodged court papers against me on behalf of Cabot Financial (UK) Limited. I appreciate that doesn't seem like a problem so please bear with me.

Cabot Financial (UK) Limited is, according to the FCA register for consumer credit, no longer a license holder and has not been since 28/02/2015. Registration number 472690.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court and have asked the court to refer this to the Attorney General.

Yours sincerely

[Aquarius23]

Re: Cabot / vanquis court claim

Step 2 cca, I have received a letter from Cabot asking for a further 40 days as they do not have any information and need to request all details held from vanquis.
I did not send any of the letters recorded/tracked. Just normal post box.
It's shoosmiths however I think I may have sent the cpr to county court business centre. So the cpr is basically the same as cca?

[FlamingParrot]

Re: Cabot / vanquis court claim

Step 2 cca, I have received a letter from Cabot asking for a further 40 days as they do not have any information and need to request all details held from vanquis.
I did not send any of the letter recorded/tracked. Just normal post b

That's just their standard response to every CCA request which should be ignored, as you wouldn't have 40 days to file your defence and the law only allows them 12+2 working days. When you file your defence you'll mention the fact they've not complied with your request under s.78 of the Consumer Credit Act, therefore can't enforce. :thumb:

Although it's always advisable to send everything recorded delivery or at the very least, get proof of posting, in this case it shouldn't matter because you have received a response from them with the 40 days, so it's not like they can argue they never received your CCA request letter or that you sent it much later than you did.

[judgemental24]

Re: Cabot / vanquis court claim

Just a quick one

Has anyone had a response yet back from Cabot or the sols on the status of their Consumer Credit Licence and continued trading??

[Aquarius23]

Re: Cabot / vanquis court claim

Ok, I have noted the above and will follow those instructions. Do I file my defence now I have a letter from Cabot seeing as they are asking for longer?

[judgemental24]

Re: Cabot / vanquis court claim

You are governed under strict guidelines set by the court, screw Cabot that is not your problem

I myself would just follow accepted protocol and put in your defence they have not sent you the documents to enable you to do a defence

I reckon you have another week to submit your defence max

My own opinion so wait for more replies

Your defence has to be submitted as to court time tables unless you request an extension of another 28 days under CPR 15.5

But why would you for Cabots incompetence?