Cabot financila (Vanquis CC) court summons is it too late to use CCA 1974?

[citizenB]

I'll leave that part out just in case then...lol

 

Yes, does rather seem as though it could be viewed as a LBA.. darn

[hunni2006]

quick question...

 

Filing my defence online, and then the next screen asks me if I want to file a counterclaim... strictly Y/N

can i put NO now, and then if i need to make a counterclaim I can do so when I file my amended defence??....

cant file the defence til i know...

[hunni2006]

quick question...

 

Filing my defence online, and then the next screen asks me if I want to file a counterclaim... strictly Y/N

can i put NO now, and then if i need to make a counterclaim I can do so when I file my amended defence??....

cant file the defence til i know...

 

sorted.... just made sure to mention in defence.

 

 

have received notification from the court telling me they have passed defence on to claimant.....

 

Should I be chasing up the CPR requests that have not been responded to??

[citizenB]

Hi Hunni (always makes me think of that movie when I type that )

 

You could send out follow up letters reminding them that you will be bringing their lack of co-operation to the attention of the court. The fact you have already done so will be apparent when they receive a copy of the embarrassed defence

 

Other than that.. just take a few hours off to enjoy the peace before they start rattling their cage again.

[hunni2006]

Hi Hunni (always makes me think of that movie when I type that ) lol! was actually in relation to winnie the poo, but now that you mention it... it's my daughters fav film!

 

You could send out follow up letters reminding them that you will be bringing their lack of co-operation to the attention of the court. The fact you have already done so will be apparent when they receive a copy of the embarrassed defence

 

Other than that.. just take a few hours off to enjoy the peace before they start rattling their cage again.

 

Hi CitizenB As always your advice is invaluable!... especially the last bit!

Unfortunately since the summons I have all manor of creatures coming out of the woodwork (DCA's), and since finding this site... no more head in the sand, so I'm CCA ing and SA ing all over the place!

 

in relation to another thread I have going (sorry).. If you have the time to look, I would value your opinion as to whether a CPR 31.16 request would be appropriate..( I'm learning....lol)

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/204436-capital-one-dca-lowells.html

 

 

Thanks once again CB:D

hunni

[k1mmie]

In exactly the same situation as you, although you are probably a week or two ahead of me. Put my defense in, but have yet to receive any info from Cabot!

[hunni2006]

In exactly the same situation as you, although you are probably a week or two ahead of me. Put my defense in, but have yet to receive any info from Cabot!

I'm still waiting for the info too, but I'll keep the thread updated regularly to let you know whats going on, and good luck:)

[hunni2006]

Well, strange turn of events with the post this morning...

 

Got a letter from the OC in response to my SA request offering me a full refund of ALL charges applied to the account!

Funny thing is, I didn't ask for a refund... (was going to mind you! lol)

 

the amount they have offered does not include interest though, I was wondering how to calculate that,

Also, as the CC company charges interest at around 49% I don't think that s69 interest @8% is fair.... but is that all that I can legally claim?

[Rhia]

Great Scott I would go for their CI at 49%. As this is such an extortionate rate of interest you can build a good case for claiming it should it get before a Judge.

 

I have managed to get CI off both MBNA and Cap 1 in the past. I suspect Vanquis/Cabot wouldn't like having to explain this rate before a Judge.

[k1mmie]

Well, strange turn of events with the post this morning...

 

Got a letter from the OC in response to my SA request offering me a full refund of ALL charges applied to the account!

Funny thing is, I didn't ask for a refund... (was going to mind you! lol)

 

the amount they have offered does not include interest though, I was wondering how to calculate that,

Also, as the CC company charges interest at around 49% I don't think that s69 interest @8% is fair.... but is that all that I can legally claim?

 

 

Unfortunately this cannot be applied to my account as I already had a refund on some charges. Let's see what they come up with! Well done for standing firm and congratulations. One debt less to think about!

[hunni2006]

more developments in the post this morning.....

 

Letter from Cabot re the CCA request sent, roughly saying the following...

 

have urgently requested the info from OC, Unfortunately not received any due to delay in retrieving it from archives, therefore suspending all collection activity until such time as relevant information is supplied to me....

 

 

[citizenB]

Well, strange turn of events with the post this morning...

 

Got a letter from the OC in response to my SA request offering me a full refund of ALL charges applied to the account!

Funny thing is, I didn't ask for a refund... (was going to mind you! lol)

 

the amount they have offered does not include interest though, I was wondering how to calculate that,

Also, as the CC company charges interest at around 49% I don't think that s69 interest @8% is fair.... but is that all that I can legally claim?

 

 

You can work that out quite easily using the spreadsheet template from ...

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

scroll down and use the Credit Card spread sheet which will work out the 8% interest for you.

 

I know I am a bit slow on the uptake.. but does this mean they are intending to halt the court claim

[hunni2006]

Unfortunately this cannot be applied to my account as I already had a refund on some charges. Let's see what they come up with! Well done for standing firm and congratulations. One debt less to think about!

 

Thank you unfortunately refunding the charges won't make that much of a dent in the balance outstanding:-|

I know I am a bit slow on the uptake.. but does this mean they are intending to halt the court claim

that's the way I've read it atm... I'm hoping so anyway...lol

 

I am not counting my chickens though until I hear anymore from the court or the solicitors (still no response to my CPR requests) also awaiting SA request from Cabot. not sure whether to chase any of these up in view of this recent letter:?

[citizenB]

There is no harm in chasing up the CPR and SAR requests, it shows that you have done everything you can to get this information and it is the enemy who are being obstructive.

[k1mmie]

more developments in the post this morning.....

 

Letter from Cabot re the CCA request sent, roughly saying the following...

 

have urgently requested the info from OC, Unfortunately not received any due to delay in retrieving it from archives, therefore suspending all collection activity until such time as relevant information is supplied to me....

 

 

 

 

This is exactly the same letter I got this morning - word for word. How does this stand with the court though? Is there a template we can send saying to the effect, you cannot prove my debt so bugger of! I called the court and asked what happens now? They said if Cabot do nothing it sits there until they want to start it off again. However they said you can write asking them to write/strike it off. Confused!

[Rhia]

I would imagine this will be followed by a Notice of Discontinuation by Cabot. If they do so hit them with a Letter Before Action to reclaim your costs. If they don't pay up issue an N1 via the courts for wasted costs.

[k1mmie]

I would imagine this will be followed by a Notice of Discontinuation by Cabot. If they do so hit them with a Letter Before Action to reclaim your costs. If they don't pay up issue an N1 via the courts for wasted costs.

 

What can you claim for in regards to costs if it hasn't actually cost you anything yet?

[Rhia]

Your own time spent in defending and researching this rubbish. You are allowed to claim £9.25 per hour. Just add up all the time spent on this. Just keep it reasonable (i.e. don't take the mick) and you can then send this to them. If they've any sense they will cough up, if not you will have to start proceedings.

[hunni2006]

I've just received an allocation questionnaire from the courts this morning, and am a little confused... does this mean that the other side has responded to my defence and the court case is still going ahead?

Am a little confused as they wrote to say they were suspending all action until they had complied with my cca and CPR requests... which they haven't done.

I've checked online, and the status just says that the case was transferred to my local court last week.

not sure what to do now... obviously I'll have to complete and return the form, but should I chase up the CPR & CCA requests aswell?

and what information do I put on the AQ? (other information section)

 

any advice would be welcome!

[k1mmie]

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Edited October 23, 2009 by k1mmie
remove

[Rhia]

I think I would call the court for a start and tell them about the letter. Problem is they (the court) will just carry on with their procedures until Cabot discontinue.

Another thought - perhaps a curt note to Morgan's solicitors asking WTF they are playing at in view of the letter.

You may well still need to proceed with the Allocation Questionnaire though. If so, complete it following the notes. Request the case is moved to your local court.

I would also tick the part to ask for a "stay" so that it can be resolved. Cabot may get their act together and call it all off.

In the box for information which the judge will look at state you need the following information in order to form a defence:

a) a copy of the agreement b) Notice or deed of assignment c) full breakdown of how the sum has been calculated and all charges added and why. If they are unable to supply these state you will be seeking that the case be struck out.

Edited July 20, 2009 by Rhia

[k1mmie]

Should we attach a copy of the letter from Cabot where they state that they cannot produce the information?

[Rhia]

Yes I would.

[hunni2006]

ok... things going from bad to worse.

have just received a huge pile of documents from cabot in response to my SA request, and am now in a state of blind panic. The AQ has to be filed at the court by monday.

obviously it will take me a while to go through all the docs, but after an initial scan through there are several things jumping out at me straight away..

 

• in the 'copies of correspondence' section there are 2 letters allegedly sent to me by vanquis which have definately never been received by me... if they were ever sent. The first is a 'statement persuant to s78(1) etc, giving me the date that the debt was sold to Cabot. The second letter was giving details of the fact that I applied online and that in order to procede I would have had to accept the terms & conitions by ticking a box, and therefore no hard copy exists, but they have included a copy of t&c's they say would have been in the welcome pack. (at a glance they look to be same as the ones posted on this thread post#1)
  
• In the rest of that section there are a large number of generic letters with no details on, just 'representation of letter dated xxxx' written in pencil on the top of each, including letters supposedly sent to me from the Solicitors, the first of which they allege was sent way back in March this year saying the account is in default & full balance due immediately. & that they have been instructed to issue procedings if I fail to make arrangements within 7 days... NOT a Default notice.
  
• what looks like a photocopy of a sample default notice, that has a note writen at the top (presumably on the original sample) saying ' copy of default issued xx/xx/07' .... there are no personal or account details, and they only dates on the letter don't make sense... i.e dated 13/08/07 pay up by 25/4/92!!!! ( got a time machine anyone?????)
  
• Also, the date that they say this default notice was issued is different than the date they have as the default date on the covering letter setting out my details & account details.
  

I'm still trying to go through the rest of the documents, which include computer logs which I'm struggling to make any sense of, copies of statements, and copies of the 2 CPR 18 requests that I sent to the solicitors, (but not the CPR 31.14) copies of the court papers & my defence.... the more I look, the more I get the impression that these were sent to 'bulk up' the documents and confuse me so that I wouldn't notice that things were missing, such as...

 

• The deed of Assignment/ bill of sale,
  
• The actual copy of any default notice
  
• termination notice
  

 

I'm sure as I start to get my head round this there will be more.... but at the moment, I'm at a loss as to where to start, and would be grateful for any help.:-?

Edited July 31, 2009 by hunni2006

[Rhia]

Don't panic - it's just the AQ and you need to answer as follows:

A. No (decided don't ask for a Stay)

B. Yes (if you want to change to local court - explain you are a LiP and do not have the resources that Cabot has being an international company (Jesus wept)

C. If it is under £5k then Yes to Small Claims

D. No (unless you have a witness apart from yourself)

E. No ( ditto)

F. Any dates to avoid - holiday, hospital or other

G. Any other info (no need to complete) have suggested adding re my post above.

 

That will give you some breathing space and you don't need anything else yet.

 

OK. Can you SAR Vanquis to see if those alleged letters turn up. Obviously this is no good for AQ but you will need to see if they are in their files or if these are just Enid Blyton creations.

 

If it was done online then I guess this is not a strong part of your defence. I am not up on online appns so perhaps someone else can help.

 

The default notice dates need challenging and I would put them to strict proof as to the actual date this was issued as one way or another this makes the DN invalid. Cabot never have proper copies of letters just "representations" of letters they allege to have sent. Put them to strict proof of the issue by asking for original default notice and proof of posting.

 

Then just read and re-read the whole thing and try and trip them up. Don't panic at all.