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cabot/mortimer claim form - old vanqius 'debt'


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Claim form received from Northampton county court business centre dated 31/7/14 today.

 

Mortimer Clarke are the solicitors,

 

Particulars of claim states

 

By an agreement between vanquis and the defendant on or around 1/02/08

 

The agreemement vanq to issue the defendant with a credit card upon the terms & conditions set out therein.

 

In breach of the agreement the defendant failed to make the minimum payments due

and the agreement was terminated.

 

The agreement was assigned to the claimant on 9/1/10

 

The claiment therfore claims 900.35

 

What the he'll do I now.

 

I'm stressed and stuck don't want a ccj but need time to look into things as back then was struggling due to various issues.

 

I remember telling Cabot to whistle back in 09 via the phone as I thought they were trying to sell me a loan..

. I refused to give my details and asked them to forward any correspondence to my home address.

 

This arrives today and I'm in a bit of a pickle over it

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When was the last time you made a payment to it, or made written acknowledgement in writing?

 

Do you live in Scotland or England/wales?

 

Theres a few things you need to do, but cabot rarely hold the correct paperwork and when they know you have found them out, they run off. However, thats of little importance right now.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I have no idea guess at late in year of 09 but not sure at all.

 

Nothing to Cabot anyway

 

not even had any sort of letter etc till now.

 

Trust me I would have sorted this sooner had I of known.

 

Only recently been back at this current address

 

the claim form has been issued too.

 

Why would they right on or about and then the date?

 

I thought to go to court you would need to have precise dates.

 

I need time to look into this but feel like the clock is ticking.

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Sounds like cabot are doing their usual trick of trying to get a CCJ by default and then saying theyve contacted you multiple times.

 

Sit tight and someone will be around to help asap. Also, did you have an issue with MMF? Or just cabot? That way we can get the thread into the right forum for max visibility.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If a claim form like this is issued. Why wouldn't they send the original agreement or details of account in question with it? Or am I being really naive?

 

 

You would think they would send the documents they are relying on .. but they dont, and you will likely be fighting tooth n nail to get anything ..

 

Can you please have a read of hte link below and provide us with the answers in this thread that way we can advise better.

 

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

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Your timeline is...

 

Issue date 31.07.2014 + 5 days for service = 04.08.2014 + 14 days to acknowledge = 18.08.2014 + 14 days to submit defence = 01.09.2014

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Name of the Claimant ?

Cabot

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

31/07/14

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

Failure to pay credit card

What is the value of the claim?

1030.25 Inc costs

Is the claim for a current or credit/loan account or mobile phone account?

Credit

 

When did you enter into the original agreement before or after 2007?

After Feb 08

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.

Cabot assigned to those from vanquis

 

 

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?

Not aware in between properties

 

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

 

Why did you cease payments:-

Thought I was paid up

 

Was there a dispute with the original creditor that remains unresolved?

Yes sure limit was 450

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management pl

No

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You will need to send the CPR 31.14 request from the following link..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You need to read it carefully and amend where necessary.

 

The items you can request are..

 

1: The agreement

2: The Default Notice

3: The Notice of Assignment

4: Statement of account to show how the amount being claimed has accrued.

 

 

It should be sent by Recorded delivery to the Solicitor named on the claim form.

 

You say that you thought the account had been cleared - did you continue to receive monthly statements ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I don't recall seeing anything as I am now married and under a different surname. This is address in my maiden name .

Thank you for your advice I panicked when I opened it, I thought I wouldn't be able to do anything bit pay.

Do I need to do anything with vanquis at all. Or just keep it to the solicitor?

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