Cabot/Vanquis/Mortimer

[antspants]

Got a court letter from them for Northampton.

 

 

Name of the Claimant Cabot

Date of issue –17th April 2015

 

What is the claim for – Credit Card

 

 

POC

 

 

By agreement vaquis bank THE DEFENDANT ON OR AROUND 17/12/2008 vanquis agreed to issue a credit card upon the t&cs

 

In breach defendant failed to make minimum payments and agreement was terminated.

 

The agreement was assigned to the claimant.. The claimant therefore claims 382.32

 

My card was for about £200 maybe £250 at most..

 

The rest of the claim is court fee 35, Costs 50 Total claim 467.32.

 

What is the value of the claim 467.32

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account, Credit Card Vanquis

When did you enter into the original agreement before or after 2007 AFTER

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. Debt Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? No. I have received no paperwork until claim forms

Did you receive a Default Notice from the original creditor? No.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments. Couldn't afford at the time with my grandmother becoming ill.

What was the date of your last payment. No idea. I don't recall ever paying it.

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

I had a Vanquis card many years ago.

Never paid it after about the first payment.

Moved house 4 years ago

never heard a thing from them until this arrived last week

how they suddenly chose i am here i have no idea..

Glad i am or i wouldn't even know about it.

 

I went online acknowledged and ticked the i will defend.

 

Thanks in advance.

[fkofilee]

So this could potentially be Stat Barred?

Or maybe not...

 

They may try to say 6 years from Default date for Stat Barred but its usually from th cause of action plus a couple of months.

Stat Barred is a complete defence, but you have to be sure it is otherwise it will fall flat on its face.]

 

Go into the library, get the CCA Letter and send a £1 PO to Mortimer Clarke. If they dont have the CCA then they may have an issue trying to enforce.

I have no idea if Vanquis had any issues around that time, but if they dont have the agreement, this could get interesting.

 

Be warned. A Recon Agreement can be used in this case.

[antspants]

So this could potentially be Stat Barred?

Or maybe not...

 

They may try to say 6 years from Default date for Stat Barred but its usually from th cause of action plus a couple of months.

Stat Barred is a complete defence, but you have to be sure it is otherwise it will fall flat on its face.]

 

Go into the library, get the CCA Letter and send a £1 PO to Mortimer Clarke. If they dont have the CCA then they may have an issue trying to enforce.

I have no idea if Vanquis had any issues around that time, but if they dont have the agreement, this could get interesting.

 

Be warned. A Recon Agreement can be used in this case.

 

 

Where do I find a CCA ?..

 

Do I need to send anything too the solicitors I have seen on other people's threads...

 

Stat barred I think so but I can not be certain.

[antspants]

What is a recon agreement ?

[fkofilee]

Mortimner Clarke are the Solictors... Not up to this are you ...

 

Juyst kidding...

 

Right ill explain this as best I can.

 

Vanquis defaulted you and sent this onto Cabot. Cabot purchased this and attempted to trace and collect pre this going to court.

They then probably passed to Merlin and passed it to Mortimer Clarke who are Merlin who are Cabot (Confusing Eh?!?!)

 

Mortimer Clarke are in house solicitors.

 

You need to send them a CCA Request with £1 PO and you will need to draft a defence which we can help you with.

Mortimer are now going to try and attempt enforcement for the whole thing.

 

A recon agreement is not the original agreement that you may have signed. Vanquis do theirs online so they may end up having one that Mortimer Clarke can use but technically when purchasing a debt they should already have it.

A recon agreement is an agreement where it can be recreated with the current T&Cs of the account as long as everything is correct at time of card being taken also, they have to supply any T&C changes.

Have you got a copy of the agreement electronically? (Email eg)

 

When did you get the NCCBC (Northampton CC Bulk Centre) letter?

[antspants]

Would it be worth contacting them to make a arrangement for payment to save all the hassle for the sake of 382 quid ?..

[antspants]

I have sent the CCA today...

[antspants]

What is the Cpr.18.. Where do i find this ?.

 

Also what do i ask for as my claim form doesn't mention very much..

[dx100uk]

lets get you moving

 

 

if you are sure you have made no payments in the 6yrs prior to the issue date of the claimform

 

 

I would go up on MCOL and file the following statute barred defence

 

 

after filling the relevant bits in

...................

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

.

.dx

[antspants]

Thanks Dx, What happens if i am wrong ?.. I am pretty sure i am not.. Is they're a way of contacting Vanquis and asking them ?

[antspants]

I have looked more into this.. They defaulted the account on July 2010, I Took the card in December 2008.. If i even paid 2/3 payments towards the card it would still be barred ?...

[dx100uk]

as in post 9

 

 

"if you are sure you have made no payments in the 6yrs prior to the issue date of the claimform"

 

 

so 17th April 2015 minus 6 yrs is 17th apr 2009

 

 

why not ring vanquis and ask date of last use or payment

whichever is the later

 

 

dx

[antspants]

Hello Dx,

 

Spoken to Vanquis,

 

 

They have no way of getting my details as they system has deleted them,

 

 

The only account details they carry for me are my name and date of birth and address.

 

 

The details of the account just say closed.

 

 

She tried all ways she could.

 

 

she did say its been so long they're is no way our system would carry the information.

 

She did say that i would of had to be 4 months of non payment before Cabot was even offered the account.

 

With what she has said above i am 99.9% sure this is Barred,

 

 

Even if it wasn't i am struggle to see who they can get the information to say otherwise if Vanquis don't have it.

[dx100uk]

agreed

 

 

I'd file the SB defence

 

 

dx

[antspants]

I have done it.. See what happens i guess.

[antspants]

Hey Dx,

 

Letters back today.... One from the court and one from Cabot/Mortimer..

 

Court letters says we have your defence..

 

 

Mortimer letter says....

I have alleged it is barred but the last payment made was 16/11/2009.

 

 

I have no way of proving this wrong or right. currently as Vanquis have none of my records..

 

 

So unsure what to do..

 

 

They have also sent a without prejudice save as cost offering me a 40% reduction on the bill leaving me to only pay £280 they will also take this as monthly payments..

 

So what do i do ?????.....

 

 

I have just found we have a baby on way too so having a CCJ going against me when i may need to utilise credit could be bad thing for me..

[dx100uk]

they have to prove

when

where

by whom

what method.

 

 

telling they've offered a discount huh?

 

 

dx

[antspants]

they have to prove

when

where

by whom

what method.

 

 

telling they've offered a discount huh?

 

 

dx

 

Yes, So what would you do ?... What should i do next ?

[dx100uk]

I'm not legally minded

so andyorch will have to answer that one

unless I can find another claim whereby this has come up.

 

 

my gut feeling is you sit on your hands

 

 

if they wish to file

then they'd have to provide proof of payment

and you would see that proof under the disclosure

of paperwork, then be able to refute it before/if they goto court.

 

 

 

 

 

 

dx

[AndyOrch]

You do nothing yet....wait and see if they wish to proceed...you will know if they proceed when you receive a Directions Questionnaire...once the claim is allocated they will have to disclose all documents and proof that their claim relies upon...including payments and why its not statute barred.

 

Regards

 

Andy