Ok I've received a cc claim form for an old credit card I had with vanquis.

The debt isn't SB so other than admitting the debt or most of it I can't see what else I can do

other than to throw some spanners in the works with the hope that the claim doesn't become a judgement.

For 1 I know I never received a NOA saying that Cabot have taken it on.

Also looking over my old statements it shows that it was assigned to Moor Croft a short time after defult.

I know I shouldn't but I rang Cabot and was told they're no longer the holder of the debt

and told me marlin are and gave me the number to them.

Rang them and told it's not to do with them either its now Restons solicitors..

So who the heck it's the claimant?

Cabot are on the claim form but as mentioned they apparently handed it over to marlin!

Is this good evidence that may back fire on a court case?

marlin are cabot!!

same lot

please fill this in

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

dx

Name of the Claimant ? Cabot

Date of issue – . 22 Dec 2014

( disputed and evidence given to the court within the time period given)

What is the claim for –

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 *** 01 2011 and

assigned to the claimant on *** 15 2014 in the sum of £1000.00

PARTTICULARS a/c no ***********

Date Item Value

**/1*/2014 Default Balance £1000.00

Post Refrl Cr NIL

Total £1000.00

What is the value of the claim? £1200 aprox

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. Assigned DCA

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to Cabot. NOA only from moorcroft

Did you receive a Default Notice from the original creditor? yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments? Change of circumstances

What was the date of your last payment? Early 2012

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

whats the dispute on the claimform issue date?

dx

whats the dispute on the claimform issue date?

 

 

dx

No I defended the whole claim. Evidence put forward was no notice of assignment and the default balance is less than Cabot are claiming..

are you saying you've already sent a defence in for this claimform?

Yep

I used what little I had on them to throw a spanner in the works and give them something to prove that it's enforceable at the time.

It was a bit chuck together

something quick as we were away on holiday over the festive period and had to do something to delay the case

- if that makes sense!

I've had a response from Restons stating a NOA was issued to me and to check my files!

It's not in my files as I never got one..

They also stated for me to withdraw my defence due to lack of evidence,

stating they can strike out my defence and still get the judgement against me.

So now just looking to what else (if anything) I can do before throwing the towel in.

post up the defence

that's a std rectums letter

ignore

dx

Can't post an image but written out;

Notice of default

Account balance £1200.00

As of March 2013 (date of letter)

It also states that no further use of this account is permitted..

From my last payment recorded the account balance was just over £800.. from this date to default the charges made to my account are made up from late payment charges, repayment option plan charges, over limit charge, purchase interest, default charge!

May 2013 account statement (with no added break down of cost) the cost of balance owed is now a further £200 more.

This has written on that your details have been passed on to Moor Croft dca and to contact them.

i had the same thing with Restons, i filed a defense got the same response that you have, they also sent with the letter the form to make payment arrangement, which i never filled in, then had a phone call, from them asking if i was going to withdraw my defense, of which i said no, now I have had no letters no info from court ...when i phoned the court they told me the claim is now stayed...so hopefully yours will go the same way.

i had the same thing with Restons, i filed a defense got the same response that you have, they also sent with the letter the form to make payment arrangement, which i never filled in, then had a phone call, from them asking if i was going to withdraw my defense, of which i said no, now I have had no letters no info from court ...when i phoned the court they told me the claim is now stayed...so hopefully yours will go the same way.

Thanks for sharing that with me! It's good to know that with a few spanners in the work it makes them buckle..

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time to get some spreadsheets done in case of mediation me thinks

get reclaiming

rop

and [sep] all the penalty fees/any other fixed sum fee

dx

Ok good to know.

. is it possible to use the fact excessive charges were slapped on the account before

and even after the default even though the default notice stated the account is no unusable?

Also knowing that Cabot have told me the account isn't anything to do with them

- even though they are the claimant

- could It be something that will go against their claim?

Anyone advise me on the default balance being a fair amount lower than what's being claimed?

As it mentions in print on my default notice that no further use of this account is permitted

- but the balance shot up between then and now.

Even with the small amount of statements sent out after default not one give a break down on where those extra charges came from..

Looking to drop a couple of "worm your way out of that one" bomb shells on them.

So any help is much appreciated.

you need to do the ROP and the penalty charges spreadsheets me thinks.

you need to do the ROP and the penalty charges spreadsheets me thinks.

And that's sent in as further evidence to court?

post 13

dx

Notice of default

Account balance £1200.00

As of March 2013 (date of letter)

It also states that no further use of this account is permitted..

From my last payment recorded the account balance was just over £800.. from this date to default the charges made to my account are made up from late payment charges, repayment option plan charges, over limit charge, purchase interesticon, default charge!

May 2013 account statement (with no added break down of cost) the cost of balance owed is now a further £200 more.

This has written on that your details have been passed on to Moor Croft DCA and to contact them.

The above is the defence you submitted....and Northampton has accepted it?

Andy

Notice of default

Account balance £1200.00

As of March 2013 (date of letter)

It also states that no further use of this account is permitted..

 

From my last payment recorded the account balance was just over £800.. from this date to default the charges made to my account are made up from late payment charges, repayment option plan charges, over limit charge, purchase interesticon, default charge!

 

May 2013 account statement (with no added break down of cost) the cost of balance owed is now a further £200 more.

This has written on that your details have been passed on to Moor Croft DCA and to contact them.

 

The above is the defence you submitted....and Northampton has accepted it?

 

Andy

It's does make up part of my defence (though laid out better) along with some other things that raised my eye brows when digging deeper.

Still waiting on a response.

could be useful to redact your full defence and post it up then..huh?

dx

Hi Fred, i do not know if yours is the same as mine, but when i was disputing the account, not only did Vanquis add charges, fees etc, but they also took the interest rate upto 59.4% , in my case almost a 10% increase.

could be useful to redact your full defence and post it up then..huh?

 

 

dx

Shall do that later on this afternoon

Hi Fred, i do not know if yours is the same as mine, but when i was disputing the account, not only did Vanquis add charges, fees etc, but they also took the interest rate upto 59.4% , in my case almost a 10% increase.

It's seems likely to me it could be the case with mine. After putting my charges on spreadsheets it shows clearly the rises on charges after the last payment.

So as I've sent a further few items off as my defence I've had a response back from cabot in regards to a request of "owning" this account, (phone conversation with them last week did confirm that they don't hold the account no more).

They have asked me to confirm my personal details - ie full name. Address, phone numbers etc before they reply.

As another part of my defence is a CCA request and I await the response., should I ignore the response to my request of ownership?