Claimform Cabot old vanquis debt - Help urgently needed def in tomorrow!

[DesperateDebs]

I have entered an acknowledgement of service within the time frame and

 

 

I have gone onto MCOL tonight to enter my defence

and its states there is a bar and I cannot enter this.

It needs to be done today at the latest.

 

I have 2 lines of defence and would like some help please..

 

a) The debt is statute barred

 

b) I had insurance that I paid monthly and it was never applied to the account when I was ill.

 

The last payment made was July (end of) 2008,

 

 

I have never acknowledged the sum owed in writing since that date, it defaulted in November 2008, therefore I believe it to be statute barred

 

When I had a stroke in August 2008, I was hospitalised,

my husband tried to contact the card company and they would not speak to him due to DPA.

 

 

They told him that I would need to send proof of my illness before any insurance could be applied,

he sent my admission papers and discharge notice and a sick certificate from my GP for 3 months which is the one he sent to my employers.

 

 

They never applied the insurance and the debt increased and then they sold the debt to various collection companies.

 

 

I have never acknowledged the debt, never been in touch with the collection agencies and never responded to anything in the post or verbally.

 

I therefore do not believe I owe any money,

 

 

if they had applied the insurance at the time,

this would have cleared the balance because if the illness was deemed to last more than 6 months then the balance was paid off.

..and regardless of that i have not made payment since July 2008 which is longer than 6 years...

 

So, which one do I go with first and how do I word all of that and am I right with it being statute barred?

 

Will someone please help me understand and unravel i have tried to get this far on my own

and i was crushed as I could not enter my defence tonight online.

 

 

.will they win by default?

 

Thanks so much for any advice you can put my way.

 

 

..I just cant sleep now.....

[dx100uk]

please fill this out

and post the results here.

 

 

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

 

 

lets get you sorted

 

 

i'll be around for about 30 mins only.

 

 

dx

[dx100uk]

dont worry about mcol barring you

 

 

that's the server playing up

 

 

if today sat is day 33 from the date on the claimform top right [that being day one]

 

 

you can file by email upto midnight sat.

 

 

dx

[DesperateDebs]

Hi thanks for that info..i don't have the email address though and I have tried calling with no luck..

The time line is

30/07/2014 date sent

+ 5 days for date of service =03/08/2014

+ 14 days to post acknowledgement of service = 17/08/2014 ...I filed on 15/08

So I intended to enter my defence last night being the last working day to submit my defence

[dx100uk]

you need to file by midnight sunday

i'll find the email later

 

 

can you please fill out the link in post 2

and post here

 

 

dx

[dx100uk]

if the last payment was july 2008 is not sb'd then

and PPI is not a defence

 

 

dx

[dx100uk]

The date of the claim was 30/07/204,

 

 

I calculated that 5 days being the date of service would be 04/08 and I submitted my AOS on 5/08 within the 14 day from date of service time frame

 

the claimant Cabot Financial.

 

 

Originally the debt was with Vanquis credit card.

 

 

I have not received default notices yearly,

 

 

it has been passed to several different collection agencies,

 

 

the amount is 1021.65 + 70:00 court fee + 80:00 sol costs, total 1171.65. The original sum was less than 850:00.

 

Particulars of claim verbatim

 

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 23/07/2007

and assigned to the claimant on 19/01/2010 in the sum of 1021.65

 

Particulars a/c no:- ......

 

Date 30/06/2014 ITEM default balance Value 1021.65 Post Refrl CR Nil

 

Total 1021.65

[dx100uk]

did you send a CCA request and a CPR?

 

 

dx

[DesperateDebs]

Hi..

no I have no idea what they are and also you have put that if the last payment was July 2008 then it's not statute barred.

.can you explain why that is please??

 

 

I have read many sites and the main things I have learned are that the date taken for a debt to be statute barred

is that an acknowledgement must not have been made and it is taken from the date the original creditor was last paid

not how many more companies it has been passed to.

 

 

.so the 6 years first does not begin again if passed to a collection agency

and also it is down to the creditor to prove it's not sb not the defendant to prove it is

 

 

..is all of that correct???

 

 

It's such a minefield. ..but the other thing is that vanquis should have applied the insurance I was paying for.

 

 

.i had never missed a payment I was not over my credit limit etc

[Ganymede]

It looks very tight in terms of SB.

 

What was the EXACT date in July 2008 that payment was made?

 

Once the claim is received by the Court the SB clock stops.

[DesperateDebs]

Hi

Thanks for your information.

 

 

If I am honest..i can't remember.

 

 

I am assuming it would be month end as that's when all of my payments were made.

 

 

The only other thing I have to go on is when the agreement started which was 23/07/07..

so if it was a monthly payment either a percentage of amount outstanding as a minimum payment

or a more substantial payment then it would have been on or around that date.

 

 

I do know I had a stroke on 27/08/08 and nothing was paid that month or thereafter

 

 

..i had no direct debit s for minimum payment set up it had to be manual

therefore that's what leads me to believe it was month end.

due to the stroke I was hospitalised .

.unable to work.

.no money.

.no ability to even think about paying people.

 

 

..i have been on disability since 2010 when I realised I could claim

as I couldn't make ends meet with the care I needed..

 

 

i had zero income for 2 years and

 

 

I paid insurance for ill health or redundancy on all of the financial commitments I entered into

[dx100uk]

ok alls not lost

 

 

 

 

well vanquis certainly sold if for a reason

prob the PPI or that they knew they'd never get their money now

so wrote it off against tax and sold it on.

 

 

you might find noddle [below]

useful

that usually shows old data like payments.

 

 

but as said its very very close

and I'm not sure with a credit card if its 3mts or 1 month from last payment

its basically 'when' anyone could have gone legal

missing a payment has not say giventhem cause.

 

 

can I just ak barrig AOS

 

 

have you requested any documents from cabot via say CCA or CPR?

 

 

dx

[BRIGADIER2JCS]

ok alls not lost

 

 

 

 

well vanquis certainly sold if for a reason

prob the PPI or that they knew they'd never get their money now

so wrote it off against tax and sold it on.

 

 

you might find noddle [below]

useful

that usually shows old data like payments.

 

 

but as said its very very close

and I'm not sure with a credit card if its 3mts or 1 month from last payment

its basically 'when' anyone could have gone legal

missing a payment has not say giventhem cause.

 

 

can I just ak barrig AOS

 

 

have you requested any documents from cabot via say CCA or CPR?

 

 

dx

 

 

 

In actuality the 6 year clock for simple contracts CCs and Unsecured Loans starts the day after the last payment was made, but it is often taken as the date the payment was due and not made, after which no further payment or written acknowledgment was made. This can be taken right to the actual day.

[DesperateDebs]

Hi

Thank you..is it also correct that the statute barred clock stops ticking when an application to the court is made? If that's the case then they are within the time period as the court documents are dated 30/07 which means they must have submitted before this time and therefore it will not be statute barred..by about 3 week's

[Ganymede]

Hi

Thank you..is it also correct that the statute barred clock stops ticking when an application to the court is made? If that's the case then they are within the time period as the court documents are dated 30/07 which means they must have submitted before this time and therefore it will not be statute barred..by about 3 week's

 

Yes the SB clock stops the day the Court receive the claim.

[BRIGADIER2JCS]

Hi

Thank you..is it also correct that the statute barred clock stops ticking when an application to the court is made? If that's the case then they are within the time period as the court documents are dated 30/07 which means they must have submitted before this time and therefore it will not be statute barred..by about 3 week's

the clock stops ticking the day the claim is issued.

[DesperateDebs]

Hi

In which case this makes a difference because the issue date is 30/07...and my last payment was July 2008 month end..therefore it could come down to the wire as to whether it is statute barred. ..is it up to me to prove it is or the claimant to prove it is not??

[DesperateDebs]

I also need to submit the defence and the website is still not allowing me to do anything other than pay in full as it still has a bar so how do I email..any help would be great and us there a particular wording that I need to use??

[dx100uk]

try the std holding/no paperwork defence

 

 

and add the PPI bit at the end?

 

 

shame you never requested the CCA when you got the claimform

 

 

dx

[DesperateDebs]

Hi

I still have no idea what cca is..i have been asked a couple of times on here but I have no idea what it is.

 

 

Also where would I find the standard no paperwork defence wording please..

This is what I need.

 

 

.i know nothing about this and I have only managed to get this far by trawling the net for info.

 

 

.so if you can add anything or guide me to where I can find the information I need that would be most helpful

[dx100uk]

to take you to court and win

they will need the agreement you signed.

the consumer credit agreement

 

 

click financial legal issues right up the top here

 

 

there you'll see a list of all the court threads here

 

 

pick one that looks interesting or discontinued

 

 

and have a read

 

 

whatever you do

 

 

DO NOT FILE YOUR DEFENCE BEFORE IT IS CHECKED.

 

 

take your time

 

 

you don't have to file till midnight tomorrow

 

 

dx

[citizenB]

CCA = Consumer Credit Agreement.

[citizenB]

Hiya,

 

I am having the same issue, just called the helpline and i was told that due a to recent system update some cases are having this bar applied. The lady took my email and sent me a email and replied me with my case details and asked me to provide the defense to the following email - [email protected] or fax 01604619526.

 

Cheers,

Vincent

 

Here you go - in the event that you need to email/fax your defence the details are above.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?428900-Just-had-a-baby-(Challenging)-..-Now-faced-with-Northampton-Claim-by-Lowell-Vanqius/page6

 

Can I suggest you have a read of the thread linked above - please do read it very carefully to ensure you don't make the same errors that rita did.

[DesperateDebs]

Hi guys

I think I have confused myself even more now.

 

 

I have read all of the posts by Rita and all of the responses and I am struggling to find out what mistake Rita made

so that I don't make the same error.

 

 

I can't even determine that.

 

 

I am getting so upset and stressed with myself as I can't find a template that suits my position.

 

 

I stupidly have not done forms CCA or anything as I was unaware of these.

 

 

I have a defence in 2 parts .

 

 

first the fact they did not apply the PPI that I paid for every month.

Second they have sent the debt to that many different cc agencies and

 

 

I really do believe it's been more than 6 years since I made a payment although it's tight on days.

 

I am at the point after all of this of giving up.

my brain doesn't work as it used to because of the stroke and

I gave been reading on this site all of the different posts and links since 7 this morning

I am no further on in trying to find the template I need to cover the 2 points of my defence properly with the right legal words.

 

I actually feel sick that the deadline is tonight but

 

 

when I have read documents it states if the date you need to file defence by falls on a weekend

then the date goes to the next working day and I still can't get onto the site and

I can't speak to mcol as they are closed so

 

 

if I leave it until tomorrow to get their permission to email

then I will have missed the deadline and

also I don't know what I'm writing anyway.

 

 

.I'm in such a mess.

 

If there is anyone out there that could provide me with a link to a template that covers what I need to say

to defend the fact they didn't do the PPI which means I have a balance

and this would have been nil if they had done as they should have and also I believe it's statute barred

 

 

then I would be forever in your debt.

 

 

.not financially but emotionally.

 

 

I am going on circles and just repeating myself.

 

 

..I'm so sorry but my concentration waivers .

 

 

.It never used to..

 

 

..kindest regards to you for assisting so far

 

 

..:Cry::Cry:

Edited August 31, 2014 by citizenB