cabot/shoe's claimform - old vanquis debt

[mrsminion]

Hi, really hope somebody can help me.

 

 

I received a claim form for a ccj from shoosmiths.

 

 

The debt is an old credit card that i think is statue barred.

 

 

The issue date on the claim form is 6th march.

 

 

I sent a letter to shoosmiths requesting more information and they have told me they hope to be able to send them to me by the 26th April

they also say they are willing to provide me with am extention to file my defence within 14 days of receipt of the documents.

 

 

However at the moment at least i need to file some sort of defence.

 

 

I am registered on the MCOL website already so just need some advice on what to put.

[SabreSheep]

Welcome to Cag

 

In order to help the legal peeps advise you please goto the thread http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Please answer the Q's and paste the answers here.

 

Regards

 

SS

[mrsminion]

Name of the Claimant ? Cabot financial

 

Date of issue 06 march 2015

 

What is the claim for – the reason they have issued the claim?

 

 

The claimant claims the sum of 705.67 being monies due from the defendant to the claimant under a regulated agreement

between the defendant and Vanquis and

assigned to the claimant on 02/07/2008, and

notice of which has been provided to the defendant.

2. the defendant has failed to make payment in accordance with the terms of the agreement

and a default notice has been served pursuant to the consumer credit act 1974.

The claimant claims the sum of 705.67 and costs.

4 the claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

 

What is the value of the claim? 835.67

 

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

 

When did you enter into the original agreement before or after 2007? Before, 2006.

 

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. Account assigned.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes i think so.

 

Did you receive a Default Notice from the original creditor? Yes i think so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think i have no

 

Why did you cease payments? Down on my luck, no money coming in, struggling with pnd, i could go on.

 

What was the date of your last payment? I don't recall

 

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?

At some point i think i did but i couldn't afford that either.

Edited April 1, 2015 by SabreSheep
Formatted

[SabreSheep]

Have you acknowledged this claim using MCOL?

[SabreSheep]

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) -

 

Issue date 06/03/15 - Acoknowlege claim by TUES 24th MARCH

 

Deadline to submit defense : TUES 7th APRIL

 

*If I have done the math right*

[SabreSheep]

Also you need to do a CPR 31.14 request and a CCA request like yesterday if not already done.

[mrsminion]

Yes i've acknowledged it and a CPR request. They got back to me saying they needed more time.

[mrsminion]

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing

 

Dear Sir/Madam

 

Ref:XXXXXXXXXXX

 

You have contacted me regarding the account with the above reference number, which you claim is owed by me. I do not acknowledge any debt to you or any other company or organisation that you claim to be representing

 

I would point out that under the Limitation Act 1980 Section 5

 

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

 

Unless you can provide evidence of payment by myself or written acknowledgement of the debt from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed, and should you try to proceed with court action I must inform you that I shall defend this action in court citing Section 5 as part of my defence.

 

The Regulatory Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I will also use this as a defence.

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

Edited April 2, 2015 by Andyorch
Claim reference removed

[mrsminion]

REQUEST FOR INFORMATION IN RESPECT OF YOUR COUNTY COURT CLAIM NUMBER XXXXXXXX

 

In respect of your letter reference XXXXXXXXXXXXXX

 

I have received a recent court claim from your organisation. In order to file a defence I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules 31.14, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Vanquis..

 

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

i. Copies of statements for the entire duration of the credit agreement.

 

3. I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

 

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

 

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

 

4. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence.

 

Yours sincerely,

Edited April 2, 2015 by Andyorch
Claim and reference removed

[mrsminion]

above are copies of the letters i sent

[AndyOrch]

Claim number and references removed

[mrsminion]

sorry, thank you for that.

[dx100uk]

can you prove this is statute barred?

 

 

dx