Hi there,

New posting here.

Firstly, I hope I'm in the right place for this and if not would someone please let me know?

I am discussing this on behalf of my wife who has today received a court summons for a debt accrued under Vanquis Bank, now owned by Cabot Financial and they are suing via Weightmanns LLP, Liverpool.

The total value of the debt (which includes their costs is just over £2900.00).

Now, I recall my wife having some difficulty with Vanquis re a charge they administered to the account and there was some fallout, I don't know the exact facts and she's in such a state I can't find out.

The long and short is, can anyone help / assist with this.... I know if there is a debt and it has been paid within 6 years then they have every right to go ahead and take you to court.

I suppose what I am asking is there any way that we can prove they have not followed procedures, I know that she hasn't received mail from Weightmanns but has from Cabot but filed it suitably!

If anyone can help we'd appreciate it.

Cheers,

C

doesn't matter really

can we get the facts established by filling out the link below

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

then get it ack'd [AOS on MCOL] defend all [whatever the background] then we can move fwd.

Thanks dx100UK.

I'm not exactly sure what you need me to do?

I've followed the link you posted,

where shall I put the details you need?

Please accept my apologies for probably being a little dim at this point!

no bother

copy and paste it here with your results

dx

Name of the Claimant ? Cabot

Date of issue – 13/01/15

What is the claim for

(1) The defendant entered into a credit agreement described by the original creditor as VANQUIS - CREDIT CARD

and having account number xxxxxxxxx ('the accoount')

(2) The claimant, a UK limited Company with company number 3757424,

is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.

(3) The defendant is indebted to the Claimant in respect of the account in the sum of £2733.xx

(4) The claimant claims the said sum of £2733.xx, plus costs

What is the value of the claim? £2918.xx

Is the claim for a current or credit/loan account or mobile phone account? CREDIT CARD

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. It is the debt purchaser, Cabot Financial

Were you aware the account had been assigned

– did you receive a Notice of Assignment? -???

Did you receive a Default Notice from the original creditor? - This I am checking but I suspect so, yes.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, definitely not.

Why did you cease payments? - I understand there was a challenge over a late payment whereby the creditor failed to cash a cheque for almost 2 weeks.

What was the date of your last payment?

- We are not sure and trying to find this out via credit ref agency if it will tell us, bank statements might be able to tell us.

Was there a dispute with the original creditor that remains unresolved?

- Yes, their failure to cash a payment cheque on time for two weeks, they then claimed they did not receive it in time!

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

Thank you dx for your kind help!

CLAIMANT not you name

 

 

dx

Sorry, I'm obviously very new to this. The Claimant is Cabot Financial, they purchased the debt from Vanquis and the court claim is being made by Weightmans! Sorry,

did you get a letter from cabot stating they had purchased the debt from vanquih

I have checked with my wife and

she is telling me she did not receive any such letter stating the debt had been purchased / transferred from Vanquish.

In fact, she barely recalls getting any default notice,

I know this might be a little strange but considering she is super organised

I doubt she is wrong.

Apologies for the delay in getting back to you.

Thanks,

have you ack'd the claim defend all yet

worry about the history once you have that done

and the CCA request to cabot & the CPR 31:14 to weights

has she moved since taking the card out?

We haven't as yet done anything with the documents.

We wanted to get some advice first before we do.

Should we defend all then?

No she hasn't moved.

We've been here since June 2010 and the card was taken out at this address.

ok get the ack done defend all

leave juris unticked

use MCOL website listed on the claimform

you must defend all

regardless to even if you admit the debt

else by default you'll get a CCJ whatever you do.

get the CCA and CPR off too

time is ticking

dx

Thanks. First thing in the morning we'll get this done.

Are there any specific things we need to ask for from the claimant & solicitors?

Are there templates to use, I've googled but there are so many different docs and I don't want to send the wrong ones!!

Thanks again,

CCA request

CPR 31:14

is in the legal section of the green library tab top left

dx

Thanks, I'll get everything done first thing and update you. Thanks again

CCA request

 

 

CPR 31:14

is in the legal section of the green library tab top left

 

 

dx

ACK done online as you've suggested. Defend all.

CCA Letter (edited as suggested) and CPR Letter done - both being sent signed for....

What is likely to be the next stage in your opinion?

gather as much info a you can.

have you got her credit file?

is it showing?

defaulted date?

last payment?

why did vanquis sell such a large debt and not do court themselves?

if shes keeps things..any statements?

is there ROP or penalties?

as this is post Apr 2007

they don't have to produce a signed agreement

prob does online too?

this could get sticky

dx

Hi,

Defaulted date on her credit file shows as May 14.... Last payment we can't tell but maybe around Dec 13 Jan 14.

It is post 2007

We have no idea why Vanquis sold the debt.

I don't know what ROP is but they have almost certainly added their own charges.

Yes, I am sure it was taken out online.

Oh, statements were online, no paper statements.

What do you mean by "sticky".....?

ROP is their EQiv of PPI.

as this is post Apr 2007

they will be allowed to use a reconstructed agreement to satify the CCA request

plus its an online one

so's it will prob exist and the sig will be a tickbox only.

+£2500 is one hell of a sum

PPI/Penalties wont touch that figure much for a card of this age

so bearing in mind all of those things

its going to make it sticky to buff this away.

tell us a bit more detail about the history of the debt.

you mention there were issues about charges etc?

dx

The original debt was for £2734.xx

I understand the issue with regards to the charges was due to the fact that Vanquis provided a 1 month off holiday which my wife called and asked to take advantage of over the Christmas period of 2013.

I don't have the full information and as much as I am trying to extract it without her getting ridiculously upset I am slowly gathering it.

Vanquis apparently did not provide the payment holiday so when my wife did not pay that month (we think it relates to December 13 as it sticks in both our minds now we've thought about it) they then issued a charge to the account, my wife can't remember how much it was.

The charge was disputed by telephone (I know, first mistake my wife made) and then later followed up by 2 letters sent to Vanquis. One asking for the charge to be removed and explaining why and the second advising them that they failed to acknowledge or deal with the first and subsequently as far as my wife was concerned until they did acknowledge it the account was in dispute.

Payments were still made for another 2 months as my wife recalls and then because she got nowhere with them she stopped paying, I think she told them why at the time.

It all got out of hand simply because they did not acknowledge her letter of complaint re the initial charge or even the second letter that was sent to dispute the amount and put the account in dispute!

Unfortunately, the letters were both sent via normal mail, first or second class and not signed for so we have no proof of delivery but only that the letters were sent and there was communication over the phone.

I know she received calls, they got to be a joke until I not so politely told them where to go and changed her number. Hopefully they won't have that call recorded!!

ok well all that I don't think will really matter then

ideally regardless to any dispute

the normal monthly bal required should have been paid. opps.

phonecalls don't count so no worries about those

its interesting your wife keeps things

and has not had a notice of default or a termination notice from vanquis

nor a notice of assignment from either vanquis or cabot

there could be light in those admissions in your favour

nothing to be upset about tell her.

prob wont even need to go near the court at all

its not a court anyhow

so's I'm not sure why shes upset

totally no need at all.

Thanks, very kind.

It's shock factor more than anything else - also, I'm not the most PC of people when asking questions!

To be fair, she keeps almost everything that has any remote sign of importance.

E.g. - she does my books for me and is always on my back about being so disorganised

so at least it's not me you're helping lol!!

There wouldn't be any light.

I'm sure I would have known about her receiving a Default Notice, although,

I have no clue really what they are or what they look like.

I came across this forum while googling Cabot!!.....

Obviously quite a common occurance of one I am sure gets a lot of people panicking and upset.

I take it we just wait now until they come up with the goods?

I suppose if they sent those documents then they could potentially just make them up

as I don't believe the postal rule has any effect here such as requiring proof of delivery of those documents?

I'm probably just going totally off tac and in fairness, it's not wanting to get out of anything,

she wanted to admit liability (which may well still be the case later)

but it's a principle that they haven't acknowledged or dealt with her initial complaint/s!

if they cant produce or prove the DH, TN or NOA were sent

they'll be hope.

but you must defend all, even if theres no hope as it seems at present.

Seems we've received a reply from Weightmans. I don't know the details yet. I'll scan it and upload or re type it in. I think they're sayjng get lost but I'll need to read it.

This is a copy of the letter from Weightmans......

- Any thoughts on this please?

I'm not sure you'll be able to read that upload so I've typed it out;

Further to your correspondance of 17th Jan 15, the documents which you have requested at points two to three of the same were not referenced within the Claimants particulars of claim and as such cannot be requested pursuant to CPR 31.14.

In the event that you proceed to make an application under CPR31.14 for disclosure of these documents, we hereby put you on notice that we will oppose your application accordingly, placing this correspondence before the Court, and seek out costs of opposing your application from yourself directly.

Whilst we have requested copies of your credit agreement, together with the statement of account (I requested this as we intend to defend against the costs if we need to), default notice, termination notice and notice of assignment from the original creditor, it may take a period of time to obtain these documents.

Once we are in receipt of these documents however, these will be forwarded to you without delay. Please note that once directions have been provided by the court to take the matter to trial, a deadline will then be provided for both parties to disclose all documents on which they will seek to rely on at trial. You will therefore be in receipt of these documents prior to any subsequent trial in any event.

In accordance with CPR15.2, you must file a defence to proceedings by the deadline stipulated by the Court if you wish to defend this claim. In the event that you fail to do so, our client could then request a default judgement be entered against you pursuant to CPR 15.3 and CPR 12.3.

Please note that in the event that you fail to file a defence by the aforementioned date, resulting in our client obtaining a judgement against you which you later seek to have set aside, we will draw the contents of this correspondence to the Courts attention in opposition of your application to have judgement set aside and on the issue of costs.

We trust the above clarifies our clients position but should you require any further information, please do not hesitate to contact a member of the Commercial Recoveries Team.

Yours.........

Oh and at the top of the letter it says their client is Marlin Financial (never heard of them) and the legal owner is Cabot.

The documents we requested were to be provided within 7 days. It seems they are stating it could take "some time",

can they drag this out or can we put pressure on as it seems reasonable that 7 days is enough time for them to provide the requested documents?

This is a copy of the letter from Weightmans......[ATTACH=CONFIG]55566[/ATTACH] - Any thoughts on this please?

Uploads Need to be in PDF format

Oh and at the top of the letter it says their client is Marlin Financial (never heard of them) and the legal owner is Cabot.

One and the same

The documents we requested were to be provided within 7 days. It seems they are stating it could take "some time", can they drag this out or can we put pressure on as it seems reasonable that 7 days is enough time for them to provide the requested documents?

Its only a civil guideline...but they are not at liberty to disclose anything until after you submit a defence.

Andy