Jump to content


  • Tweets

  • Posts

    • Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

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


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3437 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites

send a CCA request to cabot

making refer to the Claim number

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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

Link to post
Share on other sites

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

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

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

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Link to post
Share on other sites

post up the defence first please.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

you can file upto midnight on the 17th

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

as post 9

you cannot use emb def anymore

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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)

Link to post
Share on other sites

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 by Andyorch
Particulars brought forward for cross reference
Link to post
Share on other sites

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

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy, will be more thorough going forward.

 

Anybody any thoughts on their application for judgement?

 

What application for judgment ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...