cabot/restons Claimform - Vanquis Debt***Claim Discontinued***

[letsgetitsorted]

ohh fiddle so I have

try this one

[dx100uk]

ah that old chesnut:lol:

 

if they wanna do court

 

they'll need it

[The GodMother]

They 'should' no the law then.

[dx100uk]

this is pestons we are talking about here

 

dx

[letsgetitsorted]

yep it is Restons, they sent my letter and P/O back as well.

[The GodMother]

I said Should not do no the law.

[letsgetitsorted]

i have a feeling that a claim form will be coming my way very soon for this.

 

I not going to send another request for CCA, as You say Godmother they should know the law, so they should be able to provide it, as they should have it before a claim gets to court.

[The GodMother]

If it does go to court then you can ask they produce the cca and any other documents as part of a unless court order

[letsgetitsorted]

Well I was right, a claim form has been received today from Restons for this alleged debt from vanquis.

 

The amount claimed also include the interest that Cabot has added, it also includes Vanquis`ROP as well as charges and fees.

 

any thoughts most welcome

 

Thanks in Advance

Lets

[BRIGADIER2JCS]

Well I was right, a claim form has been received today from Restons for this alleged debt from vanquis.

 

The amount claimed also include the interest that Cabot has added, it also includes Vanquis`ROP as well as charges and fees.

 

any thoughts most welcome

 

Thanks in Advance

Lets

Assigned to the claimant in 2011, one wonders why the CC Claim now?

 

 

Reclaim the ROP? Charges over £12? Fees?

 

 

CPR31.14 for the "contract" mentioned in the POC asap.

This is all you can ask for at this point.

[dx100uk]

moved to legals

 

dx

[AndyOrch]

Password showing on N1 upload unapproved.

 

Section 78 request for the agreement not CPR.

 

Andy

[BRIGADIER2JCS]

Password showing on N1 upload unapproved.

 

Section 78 request for the agreement not CPR.

 

Andy

 

 

Oh changed your advice Andy I thought you might!!

[letsgetitsorted]

Password showing on N1 upload unapproved.

Password now removed, thank you Andy for pointing that out

 

Section 78 request for the agreement not CPR.

already asked Restones for that, they say I should already have it in my own records, they sent the P/O back.

 

1) Is it worth writing to Cabot for the agreement

2) Is it worth sending the CPR 31.14 request to Restones to see what they come back with.

3) All I have received from Cabot with regards to CCA request is the unreadable copy of an application form.

4) only default notice received is that as in post 3

5)The CCA received is the one in post 47, as this was activated in 2006 do they need the original CCA to pursue this through court?

 

thanks again for your help

[AndyOrch]

Password now removed, thank you Andy for pointing that out

 

 

already asked Restones for that, they say I should already have it in my own records, they sent the P/O back. So they have declined and not forwarded it on to their client Caboot

 

1) Is it worth writing to Cabot for the agreement (you already have see below (3)

2) Is it worth sending the CPR 31.14 request to Restones to see what they come back with.They dont respond to CPR 31 or section 77/78

3) All I have received from Cabot with regards to CCA request is the unreadable copy of an application form.Then they have responded

4) only default notice received is that as in post 3

5)The CCA received is the one in post 47, as this was activated in 2006 do they need the original CCA to pursue this through court? Yes if you demand it

 

thanks again for your help

 

Regards

 

Andy

[letsgetitsorted]

Thanks Again for the response Andy, I will now write to Restones demanding a copy of the original signed contract, sending the same to Cabot.

 

Brigadier

Reclaim the ROP? Charges over £12? Fees?

 

I will sort out 2 letters for Vanquis 1 claiming the fees/charges back with interest and the other reclaiming the ROP/PPI

just need to rework out the amounts.

 

ta for responding

Lets

[letsgetitsorted]

This is the letter that will be going to Restons

any thoughts

I write with regards to the above claim that Restons have brought against me on behalf of Cabot Financial (uk) Ltd in regard to a Vanquis Credit card debt, of which is neither confirmed or denied.

 

The particulars of claim that are detailed on the claim form state that there was a contract between myself and Vanquis .

By way of Contract, I understand this to be a credit agreement, therefore I demand a copy of this agreement that Restons should be in possession of in order to bring this claim.

This request is being made under section 77/78 of the consumer credit act 1974.

[AndyOrch]

No point ...they have already stated they are not the creditor and are not prepared to play ball with you.

 

Why are you requesting it again?... in your post #114......

 

" 3) All I have received from Cabot with regards to CCA Request is the unreadable copy of an application form."

 

Andy

[letsgetitsorted]

Sorry for not posting for a bit about this....been in hospital

so defence has not been submitted as yet, just working on that now.

 

just a question...for a credit card account to be sold on am I right in thinking the process is this

 

Default Notice

Notice of Termination of Account

notice of assignment

 

 

cheers for any and all advice

Lets

[BRIGADIER2JCS]

Sorry for not posting for a bit about this....been in hospital

so defence has not been submitted as yet, just working on that now.

 

just a question...for a credit card account to be sold on am I right in thinking the process is this

 

Default Notice

Notice of Termination of Account

notice of assignment

 

 

cheers for any and all advice

Lets

Yes.

[letsgetitsorted]

Many Thanks for the confirmation Brigadier2jcs

 

just looking through all of my paperwork for this, and I have kept everything since I first wrote to Vanquis.

 

I have a default notice which is not valid

I do not have a letter terminating the account

 

therefore i believe the account was sold on without it being terminated in the correct way.

[BRIGADIER2JCS]

Many Thanks for the confirmation Brigadier2jcs

 

just looking through all of my paperwork for this, and I have kept everything since I first wrote to Vanquis.

 

I have a default notice which is not valid

I do not have a letter terminating the account

 

therefore i believe the account was sold on without it being terminated in the correct way.

 

 

 

I hope you are better now lets!

 

 

Have you made a SAR to Vanquis yet?

 

 

I think it would be a good idea to do so.

[letsgetitsorted]

yes got 2 sets of info back, in one of them is a few pieces of paper detailing transaction history that says insurance premium, that has been crossed out and in hand writing are the words Repayment Option Plan

I have only one copy of terms and condition which does not show what the rates of charges and fees are.

the only default notice received is the one earlier in this thread.

no termination letters at all.

 

just trying now the best way to defend the claim, when Restons have been Vague in their POC.

 

" 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 3/2/06 and assigned to the claimant on 23/2/11"

 

also been through all of my statements and can see that Vanquis increased the interested rate a few times, the worst when the account was in dispute when they took purchase interest to 54% no notice of interest rate increase ever received for this one and a few others.

[letsgetitsorted]

Hi All

i have just finished drafting my defence in this claim, please can you guys n girls of wisdom have a read through to see if it is ok to send...by deadline is getting close

 

many thanks

Lets

 

Defence

 

1. I xxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by the Claimant Cabot Financial (UK) Ltd.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

4. The Claimants particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the Claimants statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written contract that the claimant has referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written contract that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served or attached to the claim form nor has the amounts claimed been detailed as to how the alleged balance has been calculated.

 

5) It is denied that any notice of assignment was served by either the claimant or the original creditor prior to the commencement of these proceedings, and I put the claimant to strict proof thereof.

 

a) The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956].

The Defendant requires sight of the Deed of assignment of the debt. In addition the Defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the Claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the Defendant requests this information is inter alia to clarify the dates are correctly stated on all documents, the Defendant notes that if there are errors in the Assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169

6) In order for the claimant to bring this cause of action, the alleged account that has been purchased by the claimant must be properly terminated. The original account holder in this case Vanquis, Must terminate an account in the proper manner, this by way of:

 

a) The Need For A Default Notice

 

I put the Claimant to strict proof that any Default Notice sent to myself was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (amendment) Regulations 2004 (SI 2004/3237)

Failure of a default notice to be accurate not only invalidates the default notice Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119) Default Notice

 

b) Termination Notice

 

In order for an account to be passed onto an account purchaser, in this case the claimant, the original account holder must terminate the account in the proper manner, as per section 98 of the consumer Credit Agreement 1974:

 

98.—(1) The creditor or owner is not entitled to terminate a regulated agreement

except by or after giving the debtor or hirer not less than seven days' notice of the

termination.

(2) Subsection (1) applies only where—

55

(a) a period for the duration of the agreement is specified in the agreement, and

(b) that period has not ended when the creditor or owner does an act mentioned in

subsection (1), but so applies notwithstanding that, under the agreement, any

party is entitled to terminate it before the end of the period so specified. (3) A

notice under subsection (1) is ineffective if not in the prescribed form. (4)

Subsection (1) does not prevent a creditor from treating the right to draw on any

credit as restricted or deferred and taking such steps as may be necessary to

make the restriction or deferment effective. (5) Regulations may provide that

subsection (1) is not to apply to agreements described by the regulations. (6)

Subsection (1) does not apply to the termination of a regulated agreement by

reason of any breach by the debtor or hirer of the agreement.

 

Therefore I the defendant put the claimant to strict proof that the account has been terminated in the correct manor, and that a termination notice has been sent by the original creditor in this case Vanquis bank Ltd and that the Notice has been received by myself.

7) Notwithstanding matters pleaded, it is denied that the Claimant has established a cause of action or that the claimant has a valid claim against the defendant.

Consequently, it is proving difficult to plead to the particulars as matters stand.

 

The relevant Act of Parliament in this Case

 

8) Firstly I will address the issue of which Act is relevant in this case, in case it is suggested that the claim falls under the Consumer Credit Act 2006, it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect. Since the agreement would have commenced prior to the inception of the Consumer Credit Act 2006, section 15 of the 2006 Act has no effect and the Consumer Credit Act 1974 is the relevant act in this case.

 

a) For the avoidance of any doubt I include the relevant section of the 2006 Consumer Credit Act (Except taken from Consumer Credit Act 2006 (c. 14) - Statute Law Database accessed Thursday 31st January 2008

 

The repeal by this Act of-

 

(a)the words "(subject to subsections (3) and (4))" in subsection (1) of section 127 of the 1974 Act,

 

(b)subsections (3) to (5) of that section, and

 

©the words "or 127(3)" in subsection (3) of section 185 of that Act,

 

has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.

 

9) Therefore the Consumer Credit Act 2006 is not retrospective in its application and has no effect upon this agreement and the Consumer Credit Act 1974 is the act which this agreement is regulated by

 

The Request for Disclosure

 

10) On 3rd July 2014 a letter was sent by the claimants solicitors advising of the alleged debt to the claimant, this letter was received on the 9th July 2014. In response to that letter, I the defendant sent a letter back to the claimant’s solicitors requesting a valid copy of the credit agreement, the standard £1 fee was attached to this request. The response received was “your request is returned to you because we are not the creditor – we are a firm of solicitors” a) In order for a claim to be brought against the defendant the claimant needs to have in their procession all the documents that they rely on to bring a case to court. There for the claimant needs to furnish the defendant with the documents that the claimants are relying on in order to take this claim to court.

 

11) Due to the lack of information supplied by the claimant or their solicitors, I find it hard to draft a full defence and ask that the court allow me, the defendant to be able to defend any and all of the documents that the claimant and their solicitors supply in relation to this case.

[AndyOrch]

I would start again Lets...have you not read any other threads and the defences we propose.?

 

100,s of them here :-

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes