Cabot/Mortimer claimform - Vanquis Card 'debt'***Claim Discontinued***

[jj2011]

I rang out of curiousity. They are trying to get the paperwork together, and so far, they have not got any of the information. Couldn't give a date about when they could etc.

 

Waiting to hear back about the CCA from Cabot.

 

Will wait. It was signed for middle of last week. Took Royal Mail from Sat until then to deliver first class! How does that affect my time limits? Is it 2 days after posting or 2 days after them signing. Also signed for it as "Cabot", not as a proper name, which isn't correct surely.

[dx100uk]

nothing to write home about

you really shouldn't be calling these speculative claim issuers

 

 

you file day 33 regardless

 

 

dx

[jj2011]

I know I shouldn't but just curious! I have reminders set all over the place. Just hope the rotten Court website is working as it was playing up originally!

 

Thank you so much for all your advice so far. It is appreciated

[dx100uk]

theres always email

 

 

that's allowed too

 

 

dx

[jj2011]

Am I correct in assuming as long as they receive it by the deadline, and I had an acknowledgement receipt back? (which are automated I know)

[dx100uk]

that's how it work yes

 

 

plenty of threads here to gen up on that will answer such questions.

[jj2011]

Great. I will take some time to dig them out and read up Have some time off work so can spend some time doing that.

[jj2011]

Right, now had info back from Cabot/Mortimer Clarke. I have received the following:

• Notice of Assignment from Vanquis
  
• Letter stating that Cabot bought the debt from Vanquis
  
• Letter from Cabot stating they do not have a copy of the credit agreement and they have requested the details and expect to receive within 40 days
  
• They do not have an original default notice, this was issued by Vanquis, and they state there is no requirement for them to provide a copy of this
  
• Letter from Mortimer Clarke stating they do not have any documentation and have requested Cabot provides them.
  
• Mortimer Clarke state they have placed this on hold until they can comply with the request (which I don't see how they can, when it is going through the courts)
  

 

If it helps, I can put up edited copies this evening

[dx100uk]

no need if you read a few others threads.

 

 

you file on time

 

 

dx

[jj2011]

Hi,

How will this look as a defence. Based on details found on here. Having problems logging on to MCOL, saying a problem with the claim no or password

 

Particulars of Claim

 

1.By an agreement between Vanquis Bank Ltd (VANQ) & the Defendant on or around 22/7/2009 ('The Agreement') VANQ agreed to issue the Defendant with a credit card upon the terms & conditions set out therin.

 

2.In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated.

 

3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 645.71

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 11th May and signed as received on the 13th May The claimants Solicitor, Mortimer Clarke, responded to this request on 29th May 2015. They acknowledged they were taking client instructions

 

As per MCOL acknowledgement was submitted on 12th May 2015 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 the 16th May via Royal Mail recorded delivery ans signed for on the 21st May

 

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 crediticon 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 courticon Act. (paragraphs 3,4 and 5 of the Particulars of Claim)

 

If this is ok, I will submit the defence by email this evening. If I need to make any changes, I would be grateful.

 

Cabot sent the response to the incorrect address even though my request showed the correct address. Fortunately, I received it.

 

Many thanks

Edited June 3, 2015 by Andyorch
Particulars added

[AndyOrch]

There are no paragraphs 4 & 5 within the claimants particulars (see above) ?

 

Regards

 

Andy

[jj2011]

Thanks Andy,

Missed that. At work at the moment so will edit tonight.

 

Do I just need to remove that bit too make it ok? Sorry I really an a novice with this

 

For some reason I can't log into my claim on the MCOL website. Hope it doesn't cause a problem submitting defence.

[AndyOrch]

It is for most at the moment...you can email your defence to Northampton using the correct defendants email address.

[jj2011]

Thanks I will double check that before submitting. Really want to get it submitted now. Think it is playing on my mind

[AndyOrch]

Post your final draft before submitting.

[jj2011]

Here we go again, final draft. Have read S69 of the County Court Act. Do I need this in my defense as they are not stating on the claim that they are claiming interest? Please let me know if this is ok.

 

Particulars of Claim

 

1.By an agreement between Vanquis Bank Ltd (VANQ) & the Defendant on or around 22/7/2009 ('The Agreement') VANQ agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

2.In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated.

 

3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 645.71

 

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.

3. ?

 

4. 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)

 

5.I have requested information pertaining to this claim from the Claimant by way of a Section 78 request. To date I have yet to receive a response complying with the request. This was posted on the 16th May via Royal Mail recorded delivery ans signed for on the 21st May.

 

I have also 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 11th May and signed as received on the 13th May The claimants Solicitor, Mortimer Clarke, responded to this request on 29th May 2015. They acknowledged they were taking client instructions.

 

 

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;

 

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

 

7. 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.

 

8. 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.

 

Many thanks

Edited June 4, 2015 by Andyorch
Particulars added for cross checking

[AndyOrch]

You must respond to their point 2 and you need to rethink your response to their point 1.........none disclosure is not a reason as to why you do not owe any of the debt.

 

Regards

 

Andy

[dx100uk]

date of issue (5/5/15).

 

 

needs filing by 4pm tomorrow.

 

 

dx

[jj2011]

Thanks guys

[jj2011]

Sorry for no replies recently. Had computer problems, only just got back online.

 

Quick update.

 

1). Mortimer Clarke did not respond to the court defense

2). Cabot didn't provide information about the application until this week. The CPR request was sent on the 11th May

3). They have offered me a "discount" to settle.

 

What would be the best way to move forward with this. I assume that the court will stay the order. The application they sent is basically a screen print of the account, with terms and conditions that are so small that you cannot read them.

 

The statement of account came, which had an opening balance, (which is not the defaulted amount), plus fees added. The notice of assignment is different to the opening balance of Cabot (by about £70)

 

Any advise would be appreciated.

[AndyOrch]

Sit tight until they wish to proceed.

 

Andy

[jj2011]

Thanks,

 

What are their options?

 

Will the court automatically stay this, or do I need to apply for it?

 

As they failed to provide the information in time, what are my options there? Should I wait and then request it is struck out?

 

It feels to me like they are clutching at straws and wanting to get something out of it, even though I do not agree with the amount owed.

 

Many thanks

[AndyOrch]

Thanks,

 

What are their options? Tell the court they wish to proceed and allocate the claim and pay the hearing fee

 

Will the court automatically stay this, or do I need to apply for it? Its already stayed hence my last post

 

As they failed to provide the information in time, what are my options there? They only have to disclose if they wish to proceed not before Should I wait and then request it is struck out? No....why?

 

It feels to me like they are clutching at straws and wanting to get something out of it, even though I do not agree with the amount owed.

 

Many thanks

 

Sit tight until they wish to proceed.

 

Andy

[jj2011]

Thanks. I understand now

[jj2011]

New update, Cabot have contacted the information which they say is relevant under the CCA 1974 and they consider the agreement enforceable.

 

Now I know that all the information I provided is not on this form. I certainly provided my work postcode and my marital status. It is required information, this isn't on this form.

 

This has come from Cabot rather than the solicitors, it took them many weeks after the time limit to provide it. What should I do next?

 

Many thanks