This would be a lot easier if we could actually read your defence verbatim fred.

Andy

Particulars of Claim (for reference only)

1.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

2.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

Claim No.

Claimant. Cabot Financial

Ref

Mr (Defendant)

Further defence to be submitted.

1. CCA request has been sent to Cabot Financial (proof of sending, postal order & a copy of the letter enclosed)

2. Particulars of claim are sum what of a vague description. It is noted as from the copy of my Notice of Default the sums are at a totally different amount. As it clearly states on my Notice “No further use of this account is permitted” there for the extra charges are unlawful with no breakdown on any statement issued after Default Notice was served.

3. No records of an assignment have been sent to me show that Cabot are assigned to this debt. I held a phone conversation with Cabot on **/*/**** to ask information on the account. I was told “we no longer own the account, its been passed on to Marlin Financial” a phone number was given.

A brief call to Marlin the same day also revealed that they too, do not hold the account.

Misleading to whom is the correct claimant.

4. Emails were sent out to both Debt collection companies as a request for ownership of the account - no replies given. Proof of emails enclosed.

5. Enclosed is a breakdown of charges from various statements of this account as from start of credit agreement to the point of default. This does not include charges made from missing statements from my own personal records or added charges applied after the account was stopped.

If anyone dealing with Marlin financial might want to check out YouTube.. Dispatches U.K undercover debt collector. An insight on how much of a vile outfit and demoralised staff work in the offices of Marlin and its other misleading names it goes by..

At what stage should this claim be at? I've looked on line at mcol but it shows little.

Claim issued on 22 Dec.

Defence submitted and a letter of receipt from the court received on the 30th December

and a copy sent to rectum.

A letter from rectums around the 12th Jan telling me to withdraw my defence - umm no!

I sent a further few things to the court as further defence just after rectums letter..

I've had no reply from crapbot on the cca request or anymore from rectums,

should I be upto case stayed by now?

28 + 5 days from your defence submission I believe it becomes 'stayed'

it's part is over

dx

28 days from your defence submission I believe it becomes 'stayed'

 

 

it's part is over

 

 

dx

Thanks dx I also checked an old case from a few years back which I defended as a stat barred defence. That still shows on mcol. That also got as far stayed.

Oh well I shall sit and wait if this ends the same way..

I've just had back from Northampton court the few extra bits of evidence that was to amend to what I've already sent in..

As I wasn't aware that ive got to pay £50 to amend my defence it got sent back.

Would it be wise to sit back and see if anything happens as the case is stayed or grudgingly pay the fifty and send it in?

Who advised you to amend your defence fred?

No one.

But as the claim form was sent out before xmas and we were away for a long period

I quickly wrote down my defence being no NOA received from cabot

hoping that will be enough and then deal with anything else once back from our break..

Think it was a case of panic and not thinking because of the Xmas period

The defence you have submitted would appear to be adequate at this stage...Northampton have accepted it and the claim is stayed....should the claimant wish to proceed...then the claim will then be allocated to your local County Court and directions provided.One of the directions will be that both parties submit and exchange witness statements...this is when you will be able to add and expand to your defence (through your witness statement).

Never ever try to amend a defence once submitted...you need the claimant and the courts permission...you will be liable for further costs to the claimant...along with your own fee.

Ok thanks.

I shall sit and wait.

Up date..

Had a letter today from Restons..

It is asking me to make the promised payments of £20 per month as I told them I could do during a panic phone call I made to them back in early January..

I know I shouldn't of rang them or the claimant either but I was sure that I had no hope and would end up with a ccj so panic before thinking.

a cca was sent to cabot yonks ago after speaking to them all

and they haven't sent anything back what so ever.

Besides that when I rang them they told me they don't have anything to do with the debt and its now with Marlin

- they then told me not with them and told to ring Restons!!.

Would be nice to know who is the claimant is..

Should I do anything with regards to this new letter?

Or is it a begging "please pay us as we have no paperwork to enforce a court judgement" plea?!

enforce , no get a judgement.

dx

enforce , no get a judgement.

 

 

dx

Sorry dx been a long day! You've lost me as what you mean ??

Or is it a begging "please pay us as we have no paperwork to enforce a court judgement" plea?!

they've got to get the CCJ first to enforce it!

with no paperwork.....pigs might fly first..

dx

Ah see what you're saying now!

Oh well the waiting to see if those pigs grow any wings continues then..

Thanks

The post has delivered the paperwork to the CAA request made some time ago.

Though this was posted to my old address (though the wrong door number to my old address was added)

and forwarded to my new address.

What I have is a "reconstituted true copy" as they word it, of the credit agreement.

No signature in sight

just a printed out "digital signature application details" name and address deatails on one sheet of paper, application details on another..

Statement of account;

Piece of paper dated early March 2015 (wrong address - even my old one!)

Worded as, "statement of account. This statement is prepared in compliance.. blah blah, at the date of this letter Cabot confirms that:

. your account has an outstanding balance of lots of peanuts

. the amount required to pay to cabot is lots of peanuts

. you are not able to draw any further on this acc.

Exsisting repayment arrangements;

lots of garble.

Contacting Cabot

To make payments or discuss the account, blah blah.

Pages upon pages of small print, which i assume is T&C's

Their main letter states that they've complied with the request

they can now enforce the credit agreement,

which i signed and entered into to.

That they can now obtain a CCJ.

However we would prefer that you work with us to set up a repayment plan...... blah!

Have they fully complied with the request?

and have they got the papers now to go to court?

Is this bundle what I should be getting back for a CAA request,

Just read through a thread posted by spacedood which is similar to my cca response. Anyone shed light if the documents provided comply with request I made?

Sorry if I'm nagging but want to be prepared if this get allocated.

Thanks

dunno you'll have to scan it up please

put it ALL in a single multipage word doc

then PDF that.

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

.

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

if you dont have MSOFFICE, use openoffice its free and has a PDF converter.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

Will do that in the morning..

What documents exactly should be supplied in the cca request?

you've been here since 2012

its self help site too...

use the search!

dx

Cca Docs..

...? I hope I got it!

that's a recon and its non compliant

where are the T&C's?

pers I'd sit tight.

Thought as much.

T&c's are on about 20 pieces of paper. I still have the original t&c leaflet from when I took out the card.

It's the same text in the leaflet thats printed out on individual pieces of a4 paper.

that's a recon and its non compliant

where are the T&C's?

 

 

pers I'd sit tight.

No word from the claimant or sols but I've just had a thought.. The cca request made to them was sent to an address which isn't mine. The door number is correct to my current address but is added to my old address..

As the docs cabot sent out to me are not compliant do I need to reply to them stating this is the case? Along with the fact they sent this to an address which isn't either my current or previous address? Or just sit and let them think they've complied?

Also ive read that a dca with debts after 2007 being put through the claim process can use a recon cca, is this so? And is mine a good enough recon for them to possibly win if it ever gets to that stage?