Cabot / vanquis court claim

[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 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?

You must have added that line after I replied to your post because I didn't see it therefore didn't answer that question, and it's rather important.

No, the CCA request is this letter: http://www.legalbeagles.info/forums/...y-of-Agreement

The CPR request is this other letter: http://www.legalbeagles.info/forums/...ic-information

Neither goes to the court, the CCA goes to Cabot which you did and they responded, the CPR goes to their solicitors, their name should be printed on the claim, it's the second box down on the left hand side, the first one is the name and address of the claimant, the second is the address for documents and payments, that's where the CPR request should be sent to. :thumb:

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?

No need to file it yet, if the date on the claim was Oct 1st as you posted above, then it's due on November 3rd: http://www.timeanddate.com/date/dateadded.html?d1=1&m1=10&y1=2015&type=add&ay=&am= &aw=&ad=33&rec=

If you didn't send a CPR request to the solicitors named on the claim, you should really do it now, you can't argue in your defence that they didn't supply you with the documents if you didn't request them in the first place.

You can still use Cabot's non-compliance but you'll have a better chance if you can use two bullets rather than one!

[FlamingParrot]

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

I can't see anyone on this thread suggesting not to follow the court procedure that should be followed for every claim, regardless of whether it's Cabot or someone else. It's a question of sending those letters/emails IN ADDITION TO filing a defence with the usual arguments, rather than instead of.

CPR request to solicitors should be a priority now, you can't argue they didn't comply if you didn't send the request to them. :mmph:

unless you request an extension of another 28 days under CPR 15.5
But why would you for Cabots incompetence?

It's part of the process, not an essential part but shows that at least one side is doing all they can to comply with the rules. :thumb:

[Aquarius23]

Re: Cabot / vanquis court claim

Can I email shoosmiths or should I send the cpr by post? If I send today it will give me just enough time but really is cutting in fine.

[FlamingParrot]

Re: Cabot / vanquis court claim

Can I email shoosmiths or should I send the cpr by post? If I send today it will give me just enough time but really is cutting in fine.

You should really send it recorded delivery. :thumb:

[Aquarius23]

Re: Cabot / vanquis court claim

Ok, I will send that first thing tomorrow morning so they will receive on Monday. They have 7 days to reply which gives me until the 2nd November. Then what do I do? as I only have until the 3rd.

[Aquarius23]

Re: Cabot / vanquis court claim

Do I have to attend the court ? I'm getting worried now.

[FlamingParrot]

Re: Cabot / vanquis court claim

Ok, I will send that first thing tomorrow morning so they will receive on Monday. They have 7 days to reply which gives me until the 2nd November. Then what do I do? as I only have until the 3rd.

Not a problem, your defence can be filed online. :typing:

Do I have to attend the court ? I'm getting worried now.

Not any time soon, these are early days and a lot can happen in the next few months. Once you file your defence they'll have 28 days to respond and say whether they wish to continue, otherwise the case will be stayed. A lot of Cabot cases end up being stayed. That should take you till the beginning of December. You'll then have the chance to agree to mediation, etc. so you're looking at next year before you'd have to go to court, if a all. :carolers:

[Aquarius23]

Re: Cabot / vanquis court claim

Thankyou so much for your help so far. I really do appreciate it. I will get back to you Monday 2nd if that's ok?

[Aquarius23]

Re: Cabot / vanquis court claim

I'm confused with this part of the cor.

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Obviously Cabot have formal demands and default notices which they have sent from themselves.

I'll attach what exactly what it states on my court letter.....

[Aquarius23]

Re: Cabot / vanquis court claim

1. The claimant claims the sum of £xxxx being monies due from the defendant to the claimant under a regulated agreement between the defendant and vanquis (xxxxxxxxxxxxxx) and assigned to the claimant on 12/12/2008, notice of which has been provided to the defendant.
2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.
3. The claimant claims the sum of £xxxxand costs.
4. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

[FlamingParrot]

Re: Cabot / vanquis court claim

I'm confused with this part of the cor.

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

I'll attach what exactly what it states on my court letter.....

You can request copies of the three highlighted above because they are mentioned on the particulars of the claim as I've highlighted below.
1. Agreement / Contract
2. Default Notice
3. Assignment

1. The claimant claims the sum of £xxxx being monies due from the defendant to the claimant under a regulated agreement between the defendant and vanquis (xxxxxxxxxxxxxx) and assigned to the claimant on 12/12/2008, notice of which has been provided to the defendant.
2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.
3. The claimant claims the sum of £xxxxand costs.
4. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

Obviously Cabot have formal demands and default notices which they have sent from themselves.

No, they wouldn't have sent a default notice or a final demand, it is the original creditor who sends them before the account gets sold to the likes of Cabot.

They wouldn't have copies of any documents themselves, they'll have to go back to the original creditor to get them. Debts are sold in job lots without any paperwork. :mmph:

The final demand is really only relevant to overdrafts but the default notice applies to all regulated agreements. :thumb:

[Aquarius23]

Re: Cabot / vanquis court claim

Hi, so after sending the relevant information to the claimants solicitors I have not had a reply. What do I need to do now in order to file my defence? How do I word it etc..?

[Aquarius23]

Re: Cabot / vanquis court claim

Do I state on my defence that there is no sufficient evidence of the debt????

[Aquarius23]

Re: Cabot / vanquis court claim

Please can someone help?!!!! 🙏

[nemesis45]

Re: Cabot / vanquis court claim

Do I state on my defence that there is no sufficient evidence of the debt????

Clarification please.
1. No agreement has been supplied after your CCA request?
2. Nothing received from CPR 31.14?
3.When did you send the requests?

nem