cabot/mortimer claim form - Vanquis Credit Card 'debt'

[Scottyq812]

Hi all,

 

Had claim form as follows from Cabot Financial (UK) Ltd

 

Solicitors Mortimer Clarke.

 

Dated 15 September

 

POC;

By an agreement between Vanquis Bank Ltd ("VANQ") & the Defendant on or around 22/08/2006. ("the agreement")

 

 

VANQ agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

 

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

& the agreement was terminated.

 

 

The agreement was assigned to the claimant on 26/06/2011.

 

 

The claimant therefore claims 746.09.

 

Have today acknowledged claim on MCOL. Ticked will defend in full.

 

Will send a CPR 31.14 by recorded delivery to solicitors.

Can't send a CCA request as I have no account number or information.

 

I have not received details of assignment etc that I can remember

and have no recollection of when last payment was.

 

 

Certainly over 5 years ago as thats the amount of bank statements online.

 

Would appreciate any advice from more knowledgeable people.

[dx100uk]

send a CCA request to cabot

making refer to the Claim number

[AndyOrch]

Hi Scotty and welcome to CAG

 

If you could read and complete the following posting your responses here to enable us to give you the correct advise on how to proceed.

 

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

 

Regards

 

Andy

[Scottyq812]

Many thanks, will do.

[Scottyq812]

Name of the Claimant ? - Cabot Financial (UK) Limited

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. - 15/Sep 2014

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)

- Acknowledged 02/10/14 defence due 18th October

 

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.

 

 

- By an agreement between Vanquis Bank Ltd ("VANQ") & the Defendant on or around 22/08/2006. ("the agreement")

VANQ agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

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

& the agreement was terminated.

The agreement was assigned to the claimant on 26/06/2011.

The claimant therefore claims 746

What is the value of the claim? - £746.09

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

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

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. - Assigned to DCA

Were you aware the account had been assigned – did you receive a Notice of Assignment? - Not that I recall as at that time was living and working abroad

Did you receive a Default Notice from the original creditor? - Not that I am aware

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not that am aware

Why did you cease payments:- Debt problems due to loss of job

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 managementicon plan?

- Think so via debt management plan with step change but not sure

[Scottyq812]

Morning all,

CPR31.14 sent to solicitors by recorded delivery

CCA sent to Cabot with a £1 postal order, also recorded delivery.

What happens Now? What are the guided response times?

Defence due 18th October

[AndyOrch]

Just wait for any response now Scotty...doubt you will get any...and keep an eye on your defence due date.

 

Regards

 

Andy

[Scottyq812]

Evening all,

Ok letters as above sent on 4th, Mortimer have signed for their's on 6th. No response to date.

Cabot sent on 4th to Cabot financial (Uk) limited , 1 kings hill avenue. This included postal order for £1. Not signed for, royal mail site says they still got it.

Will follow up with Royal Mail tomorrow but could it be they have refused to sign??

 

Defence date this Saturday the 18th.

Shall I start preparing an embarrassed defence to go in Friday

[dx100uk]

no such thing as an embarrassed defence scot.

have a look here

 

 

 

 

for the no paperwork/holding defence

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

[Scottyq812]

Thnx DX,

 

Update today;

 

No change from Royal Mail and not had chance to phone. Priority tomorrow.

 

Letter received from Mortimer Clarke saying they received my letter on 7th,

was signed for on 6th,

and taking clients instructions and will come back as soon as they can.

 

and then I quote

"We confirm our client has applied for judgement in this matter on the 6/10/2014.

 

 

Our client made this application because you had not filed an acknowledgement of service or defence in response to its claim.

 

We suggest you seek independent legal advice with respect to our clients application for judgement.

 

Have been back over dates;

Claim form 15 September 2014.

Onto moneyclaim.gov and acknowledgement of service submitted 2/10/14 received 2/10/14.

 

So guys what are these people up to.

 

 

Will need to file no paperwork holding defence tonight or tomorrow.

 

Thanks in anticipation of your help

[dx100uk]

post up the defence first please.

 

 

dx

[Scottyq812]

Thnx DX will do,

 

As the last date for filing is 18th Saturday do I need to ensure filed tomorrow before close of business or will court see filed on 18th and accept when they arrive on Monday??

[dx100uk]

you can file upto midnight on the 17th

[Scottyq812]

Thanks again,

Really appreciated and am working on now and will post prob tomorrow now.

[Scottyq812]

Hi again,

 

Found this one and amended. Appreciate feedback please;

 

Cabot Fianacial (UK) Limited -v- xxxxxxxx

Claim No:AOxxxxxxx

 

I,xxxxxx of xxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by Cabot Financial (UK) Ltd .

 

1. The defendant is embarrassed in pleading to the particulars of claim as it stands at present, inter alia: -

 

2. The claimant’s particulars of claim disclose no legal cause of action and they are embarrassing to the defendant as the claimant's 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 credit agreement referred to; the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.

 

b) a copy of the purported written agreement that the claimant cites in the particulars of claim, and which appears to form the basis upon which these proceedings have been brought, has not been served 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 attached to the claim form.

 

3. Following receipt of the claim form the defendant sent a cpr 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim. This was by Royal Mail recorded delivery who have confirmed the letter was signed for on the 6th October

 

4. The documents requested were, in addition to the agreement as above, statements or statement of account showing how the balance claimed has accrued, a copy of the default notice, the termination notice and the notice of assignment.

 

5. The claimants Solicitor, Mortimer Clarke, responded to this request on 08th October 2014. They acknowledged they were taking client instructions but further advised that the claimant had made an application for judgement on the 6th October 2014 as I had not acknowledged the claim or entered a defence.

As per MCOL acknowledgement was submitted on 02nd October 2014 which is within the required court timeframe

 

 

6. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

7. I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraphs 3 and 4 above or until the court orders its compliance with the same. We will then be in a position to file a fully particularised defence and counterclaim and will seek the court’s permission to amend our statement of case accordingly.

[dx100uk]

as post 9

you cannot use emb def anymore

 

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?431941-Carter-Lowells-Claimform-Vanquis-debt-s-***-Claims-Dismissed***

 

 

post 1

[Scottyq812]

Thanks is this better? I have removed the reference to the CCA as that has yet to be sent

 

Cabot Fianacial (UK) Limited -v- XXXXXXX

Claim No:AOJQXXXX

 

 

1. The Defendant contends that the particulars of 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 claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor have been unable to disclose any agreement or statements on which its claim relies upon. (paragraph 1 of Particulars of claim)

 

3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. (paragraph 2 of Particulars of claim)

 

On receipt of this claim I requested information pertaining to this claim from Mortimer Clarke Solicitors by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 04th October and signed as received on the 06th October. The claimants Solicitor, Mortimer Clarke, responded to this request on 08th October 2014. They acknowledged they were taking client instructions but further advised that the claimant had made an application for judgement on the 6th October 2014 as I had not acknowledged the claim or entered a defence.

As per MCOL acknowledgement was submitted on 02nd October 2014 which is within the required court timeframe

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

© Show how the agreement was legally terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

5. On the alternative, if 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 credit Act 1974.

6. 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 including interest pursuant to S69 of the county court Act. (paragraphs 3,4 and 5 of the Particulars of Claim)

[Scottyq812]

Sorry thats incorrect, CCA has been sent.

 

Particulars of Claim for reference only do not submit with your defence

 

1.By an agreement between Vanquis Bank Ltd ("VANQ") & the Defendant on or around 22/08/2006. ("the agreement")VANQ agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

2.In breach of that agreement the defendant failed to make the minimum payments due & the agreement was terminated.

 

3.The agreement was assigned to the claimant on 26/06/2011.

 

The claimant therefore claims 746

 

Defence

 

1. The Defendant contends that the particulars of 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 claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor have been unable to disclose any agreement or statements on which its claim relies upon. (paragraph 1 of Particulars of claim)

 

3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. (paragraph 2 of Particulars of claim)

 

On receipt of this claim I requested information pertaining to this claim from Mortimer Clarke Solicitors by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 04th October and signed as received on the 06th October. The claimants Solicitor, Mortimer Clarke, responded to this request on 08th October 2014. They acknowledged they were taking client instructions but further advised that the claimant had made an application for judgement on the 6th October 2014 as I had not acknowledged the claim or entered a defence.

As per MCOL acknowledgement was submitted on 02nd October 2014 which is within the required court timeframe

 

I have requested information pertaining to this claim from Cabots Financial (UK) Limited by way of a Section 77/78 request. To date I have yet to receive a response complying with the request. This was posted on the4th October via Royal Mail recorded delivery. I am currently making further enquiries with Royal Mail reference date of delivery and signature.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

© Show how the agreement was legally terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

5. On the alternative, if 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 credit Act 1974.

6. 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 including interest pursuant to S69 of the county court Act. (paragraphs 3,4 and 5 of the Particulars of Claim)

Edited October 16, 2014 by Andyorch
Particulars brought forward for cross reference

[AndyOrch]

Particulars numbered and brought forward for cross reference....

 

Andy

[Scottyq812]

Thank you Andy

Submitted early doors this morning

[AndyOrch]

I hadnt checked it Scotty...just added the particulars so you could see that you had not addressed their point 2...re Default and Termination...still most of it will suffice so not to worry.

 

Andy

[Scottyq812]

Thanks Andy, will be more thorough going forward.

 

Anybody any thoughts on their application for judgement?

[AndyOrch]

Thanks Andy, will be more thorough going forward.

 

Anybody any thoughts on their application for judgement?

 

What application for judgment ?

[Scottyq812]

As per post #10 Andy