Court papers received-Cabot/shoo smiths/vanquis

[Not that clever]

Good afternoon

 

I have been pointed in the direction of this forum after receiving a claim form for what was originally a vanquis credit card debt, card was taken out in November of 2006

 

I have been reading some threads with similar circumstances to mine but I would still like some advice please from anyone who would be able to help me.

 

Name of claiant? Cabot

Date of issue? 1 April 2015 (rubbish April fools)

 

What is the claim for?

 

The claimant claims the sum of £592.22 being monies due from the defendant

the claimant under a regulated agreement between the defendant and vanquis

and assigned to the claimant on 9/2/2015, 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

 

3. The claimant claims the sum of £592.22 and costs

 

4. The claimant has complied as far as necessary with the pre-action conduct direction

 

What is the value of the claim? £722.22

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

When did you enter into the agreement? Nov 2006

Has the claim been issued by the original creditor

or was the account assigned and is the debt purchaser who has issued the claim? Dca

Where you aware the account had been assigned, did you receive a notice of assignment?

I received a letter a few weeks back, buried head in sand, didn't read it and binned it.

Did you receive a default notice from original creditor? Quite possibly, again I've had finance head in the sand

Have you been receiving statutory notices headed notice of default sums at least once a year? Not sure, as above answer sorry.

Why did you cease payments? Massive change in family life jobs move of area financially stumped for about 12 months

What was the date of your last payment? Early 2010 I think, could be sometime in 2009

Did you communicate any financial problems to the original creditor

and make efforts to enter a debt management plan?

 

 

I did yes, for sometime vanquis set up some thing on the account that reduced payments for a while, unsure as to what this was but it was only for a total of three months, this made litte or no difference to the account. They kept adding on charges that increased my bill mAssively. Pretty sure the original limit on the account was only £200, at most £250 yet now stands at £522 so most of this is charges, infect over half the debt is charges.

I need help in order to resolve this. I did have a credit card with them but never for £522. Can they get away with inflating the bill with charges. I have read on here about a cca? Please could someone explain this to me and how to move forward?

 

Thank you in advance

[SabreSheep]

Hi there

 

CCA template is available here. Send to the people issuing the claim. £1 postal order,

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

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

 

Edit templates to suit.

[Not that clever]

Thank you very much for your prompt reply. In the meantime shall I acknowledge claim until I receive these documents?

[dx100uk]

yes defend all

leave juris unticked

 

 

is this debt on CRA file?

 

 

theres quite a few vanquis claim here so don't worry

they never go through typically

 

 

that's why vanquis sold them on

[Not that clever]

Hi

 

Yes the debt is showing on my noddle credit file.

 

Start date : 13/11/2006

Date of default : 31/03/2011

Opening balance : £548

Default balance : £548

 

Listed as a credit card debt with Cabot financial. Amount differs from the £592.22 listed on paticulars of claim (this is the amount listed before court fees and solicitors costs)

 

There's lots of red dot missed payments listed as far back up to May 2014 nothing past this, I'm not sure if that's just as far back noddle lists it or if it makes any difference

 

Thank you

[Not that clever]

Edit : red dots go back to February 2012, checked on another device, maybe phone only displays that far back

 

Thanks again

[dx100uk]

when do you think your last payment/use was?

 

 

dx

[Not that clever]

Could be 2009, Deffinatley nothing after summer 2010 as that's when I moved area and things went a little wrong. Would I get this information when I send off my requests? It's going to be close to the six years I think.

 

Thankyou

[SabreSheep]

Getting information regarding last payments, maybe consider a Subject Access Request to the original company. This may take 42 days though so time is of the essence! Look for other sources of info just in case the sar is not completed in time. Bank statements, online account statements?

[dx100uk]

no harm in ringing vanquis

 

 

dx

[Not that clever]

Good morning

 

I posted the above letters both by recorded delivery and they were both received/signed for yesterday morning.

 

Is there anything I can do in the meantime whilSt I wait for my replies? Many thanks

[dx100uk]

go ring vanquis

find out if its SB

if it is

that will kill the claim dead usually.

 

 

dx

[Not that clever]

On phone to vanquis, they won't answer my questions as one of the rubbish securtuty questions is " when was the last payment made on the account " you couldn't make this up lol!

[Not that clever]

Managed to get someone to talk!

 

Last payment was for £20 on 30th July 2010.

 

 

They can't tell me any payment before this, can't remember paying this amount off because I was literally paying sporadic £5-£10 payments never no more.

 

 

They also can't confirm how this payment was made so I can check it about bank cards etc.

 

Only thing they advised me to do is write to them then they write back if payment is needed to access this information.

[dx100uk]

worth a try

 

 

ok well prob the holding/no paperwork defence

on many threads here

if they fail the CCa request test

[Not that clever]

Update!

Sent the above letters as advised to do.

 

 

Reply from shoo smiths :

 

Dear not that clever

 

We confirm that we have requested the documents you have referred to in your letter of 7th April 2015, from our client. As such we are unable to provide these documents to you within 7 days as requested. Please be assured that until we receive a response from them, the above matter will be on hold.

 

Furthermore we confirm that we are agreeable th providing you with a extension to file the defence within 14 days of receipt of these documents.

[Not that clever]

Reply from Cabot

 

Than you for your request for information under the consumer credit act 1974. Cabot financial does not currently have this information on file. However we have requested the relevant information under section 77 and/or section 78 of the consumer credit act 1974 from the original lender.

 

We anticipate that we will be able to provide this information within 40 days. In the event that we are unlikely to obtain this information within those time limits, we will write to you again.

 

 

Now this 40 day thing bothers me as it won't be back in time to file my defence and I thought I only had to give 12 plus 2 days?

 

Please can someone advise I would be very greatful as im completely baffled trying to get my head around what to do.

 

Thank you so much

[AndyOrch]

File your defence on the original date.

[Not that clever]

Me again.

 

 

I've been looking at other similar cases on here regarding court and credit cards and lack of information back from the creditors.

 

 

Is there any sort of template for this defence?

 

 

I'm going to admit that I'm not very clued up at all on any of the legal terms people have put in theirs

and could do with a bit of guidance or just a finger point in the right direction

as my defence is due by Monday and Im going no to be occupied with work all weekend

 

 

thankyou

[dx100uk]

lots of examples f the holding/no paperwork around and in the dca success forum

 

 

whats the date top righ of you claimform

when have you gotta file by?

 

 

dx

[AndyOrch]

3rd May.

[Not that clever]

this is my attempt,

 

I have tried to use examples off this website but my writing skills are not very good.

 

please could someone give it a quick read and tell me if its ok to post?

 

I must admit feeling a little lost amongst all I have read and legal terminologys used.

 

thankyou to all who take the time to help.

 

much appreciated

 

POC

 

1.The claimant claims the sum of £592.22 being monies due from the defendant

the claimant under a regulated agreement between the defendant and vanquis

and assigned to the claimant on 9/2/2015, 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

 

3. The claimant claims the sum of £592.22 and costs

 

4. The claimant has complied as far as necessary with the pre-action conduct direction

 

 

My Defence

 

1, the defendant contends that the paticulars of the claim are vague and generic in nature. the defendant accordingly sets out its case below and relies on CPR r 16.5 in relation to which a specific response has not been made.

 

2, paragraph one is noted from vague recollection i have had financial dealings with vanquis bank in the past

but i am unsure as to what the claimants refer to or the account number in question.

 

3, paragraph 2 is denied as i have never been served with a default notice pursuant to the consumer credit act 1974.

 

4, on receipt of the claim i immediatley requested copies of any documents or information that would support the claim.

the request was made by CPR 31.14 and section 78 request.

the claimant has ignored this request and remain in default.

i understand that until their compliance the calimant is unable to request any relief to enforce any agreement.

 

5, until such time the claimant complies i deny any liability to the claimant and put the claimant to strict proof to

a, show how the defendant has entered into a agreement with the claimant;

b, show how the claimant has reached the ampunt claimed for

c, show how the calimant has the legal right, either under statute or equity to issue a claim:

 

6; as per civil procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed.

 

7;by reason of the facts and matters above it is denied that the calimant is entitled to the relief claimed or any relief at all

[dx100uk]

not bad

 

 

I've brought down their poc and their numbers you need to answer the Notice of assignment bit in para 1

 

 

and make ref to their papas 3&4

 

 

dx

[Not that clever]

so ive edited in something for paragraph three but im unsure as to what to put in regards to the part about pre action conduct, please could you advise if possible?

 

 

1, the defendant contends that the paticulars of the claim are vague and generic in nature. the defendant accordingly sets out its case below and relies on CPR r 16.5 in relation to which a specific response has not been made.

 

 

2, paragraph one is noted from vague recollection i have had financial dealings with vanquis bank in the past but i am unsure as to what the claimants refer to or the account number in question. no letters regarding notice or assignment or otherwise have been received by the defendant.

 

 

3, paragraph 2 is denied as i have never been served with a default notice pursuant to the consumer credit act 1974.

 

 

4, paragraph 3 is denied with regards to a amount due under a agreement. The claimant has failed to disclose any agreement or statements on which its case relies on.

 

 

5, on receipt of the claim i immediatley requested copies of any documents or information that would support the claim. the request was made by CPR 31.14 and section 78 request. the claimant has ignored this request and remain in default. i understand that until their compliance the calimant is unable to request any relief to enforce any agreement.

 

 

6, until such time the claimant complies i deny any liability to the claimant and put the claimant to strict proof to

 

 

a, show how the defendant has entered into a agreement with the claimant; and

 

 

b, show how the claimant has reached the ampunt claimed for ;and

 

 

c, show how the calimant has the legal right, either under statute or equity to issue a claim:

 

 

7; as per civil procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed.

 

 

8;by reason of the facts and matters above it is denied that the calimant is entitled to the relief claimed or any relief at all

[dx100uk]

I appear to have paragraphed their particulars wrongly for you

 

 

try this:

 

 

1.The claimant claims the sum of £592.22 being monies due from the defendant under a regulated agreement between the defendant and vanquis

 

2. And assigned to the claimant on 9/2/2015, notice of which has been provided to the defendant.

 

3. 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

 

4. The claimant claims the sum of £592.22 and costs. The claimant has complied as far as necessary with the pre-action conduct direction

 

 

and match your defence to it sorry