Hello, I was sent a Claim Form with the Claimant as Cabot Financial, I was wondering if "the particulars of claim" had to legally contain more specific information than has been put on this form?

Nope. Its all there with no waffle

Ah Okay, thank you for your help

Claimant will expand later if you wish to defend the claim.....do you ?

If so...read the following link...and copy and paste the Qs and your responses back here for further advice on how to deal with the claim.

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

Andy

Thread title amended

Yes, I did not receive any type of "letter before action" or "default notice" and I really don't recognise this debt - I sent a letter back in October, requesting information under the Consumer Credit Act 1974 and Cabot replied to me, saying that they do not have the information on file, that they have requested the relevant details from the original lender, but then they never sent anything.

If so...read the following link...and copy and paste the Qs and your responses back here for further advice on how to deal with the claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

You won't get help or advice until you complete the above.

Thank you for your replies.

I have filled out the form:

Name of the Claimant - CABOT FINANCIAL

Date of issue – 25th May 2018

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 Aug 14 2012 and assigned to the Claimant on Jun 30 2017

Particulars a/c no - xxxxxxxxxxx

DATE ITEM VALUE

17/04/2018 Default Balance 3900.17

Post Refri CR NIL

TOTAL 3900.17

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) - No

What is the value of the claim? - £3900.17

+ £185 Court Fee

+ £80 Legal representative's costs

Total amount: £4165.17

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue 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. - Debt Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? - No

Did you receive a Default Notice from the original creditor? - No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No

Why did you cease payments? - Believe the account was cleared.

What was the date of your last payment? - 16th Sep 2015

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 management plan? - Yes

I did send a CCA back in Oct 2017 and was sent a response from Cabot saying that they did not have this information on file and that they have requested it etc, but then they never sent it.

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

Thank you,

I just did what you suggested on the MCOL website after reading you saying it elsewhere.

I did send them a CCA request back in Oct, do I send another?

For £1 why not and cpr

Thank you for your help! Hope you have a great weekend

I always have a good w/end

Cause i hate DCAs

Hello,

Sorry to bother you again.. but I feel a bit intimidated and don't know what to do next..

I have been sent a reply from the solicitors about the CPR request letter I sent them. The following pictures are of their letter to me.

Could you please advise what/if anything my next step should be, I would really appreciate the help..

Thank you for reading this..

And no response to your section 78 request ?..the above is a standard template response they always use to circumvent their duties to a CPR 31.14 request.

Andy

Nope, no other responses; just the above which to be honest has me a bit worried. What do I need to do now please?

nothing ignore them

Next time post them to one multipage pdf please

Read upload

Do not miss your defence filing date no matter what does or does not happen!!

Okay, thank you.

Do I now just fill in a defence and just wait ? Or should I hold off on submitting the defence for now? - I know I have to do it within the time frame

Get it ready dont file early

Loads here already.

Sorry to be annoying with the 101 questions..

.. does that mean that their letter is not correct or fair/reasonable legally and can be included in the defence ?

Its a template as already advised.....as far as your concerned and with regards to your defence they have failed to respond and remain in default of your section 78 request.

Ah that's awesome, I feel like I can breathe now

Thank you again, you guys are fantastic!

If you go read like threads

You wont have 1001 question s....

Cag is self help too....

Now is the time to do so

Use the top red toolbar search cag box

Claimform cabot vanquis

Hello again! I have been reading all over the forums, even posts dated back in to 2008.. and I have slightly altered a defence to tailor to the relevant situation/facts. Please can you let me know if the following is okay to submit or if I have made any major errors.. It would be greatly appreciated.

Particulars of claim for cross 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 Aug 14 2012.

2.And assigned to the Claimant on Jun 30 2017

Particulars a/c no - xxxxxxxxxxx

DATE ITEM VALUE

17/04/2018 Default Balance 3900.17

Post Refri CR NIL

TOTAL 3900.17

1. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

3. Paragraph 1 is noted.I have in the past had financial dealings with Vanquis. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

4. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence the breach and that a Default Notice was issued pursuant to sec87.1 CCA1974;

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and failure to comply with Pre Action Protocol should be considered when the question of costs arise.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

A few tweaks......better now.

Andy

Thank you, Andy!!

So, I include the red part in my submitted defence for the judge to be able to cross reference,

or did you put that there so you could refer/read it?