Cabot/Optima Claimform - Vanquis Credit Card 'debt'

[farmersgirl]

Hi, sorry for the short notice.

 

I received a cc claim form dated 16/4 for a credit card debt that has been passed to Cabot (passed on to Optima Legal)

 

I wrote to Optima Legal requesting a CCA and pointing out that I have been requesting one since 2010 and so far one has not been forthcoming.

 

 

I also applied for more time with the court.

 

I received a letter from Optima Legal stating that they have requested the documents and will provide them in due course (dated 28/4/15)

 

They also state

'We shall hold the account until the documents have been sent to you and shall allow you time to respond accordingly'

 

Does this mean that they will not pursue the court claim until they have provided me with the information?

 

The time has come for me to make a final response to the court and I can see the claim is still active on Moneyclaim.

 

Can anyone advise?

[SabreSheep]

Hi welcome to CAG

 

It is vital that you visit this thread, and follow the instructions. The answers should be pasted here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

HAVE YOU ACKNOWLEDGED the claim on MCOL?

[farmersgirl]

I requested more time. Is that the same thing - I did this by post as the site wouldn't give me access originally.

[SabreSheep]

Please visit that link and follow the guidelines.

 

No they are not the same thing and it is VITAL we get the info requested to make sure they do not get a default judgment

[farmersgirl]

Name of the Claimant ? -Optima Legal

Date of issue – 16/4/15

What is the claim for –

The claimants claim is in respect of a credit agreement regulated by the consumer credit act 1974

whereby Vanquis – Credit Card – original creditor provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement.

A default notice was served on the defendant which has now expired and upon which the defendant has failed to comply with.

A notice of assignment has been sent to the defendant notifying them that this debt has been assigned to the claimant.

The claimant therefore claims the sum of £2005.61 plus costs.

The claimant has complied with sections 111 and iv of the practice direction on pre-action conduct.

 

What is the value of the claim? £2190.61

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

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

 

Did you receive a Default Notice from the original creditor? I honestly cannot remember.

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

Why did you cease payments?

I was in a debt management plan after I was made redumdant in 2007.

The payments were crippling me so I decided to go it alone.

I requested documentation from every body but nothing was forthcoming from Vanquis.

What was the date of your last payment? December 2010

Was there a dispute with the original creditor that remains unresolved? Only that they had never presented me with a CCA

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes

[SabreSheep]

ok if you haven ot acknowledged on mcol already we may have something that needs to be addressed asap.

 

Will flag this to others that know more

[farmersgirl]

Thank you.

[dx100uk]

so have you logged into MCOL and check the status of the claim?

 

 

its for you to agree with the court with perm from the claimant to extend by 28days

so did the court agree,

 

 

if not you need to file your defence PDQ.

 

 

pers I'd file the holding/no paperwork defence tonight or tomorrow.

 

 

post it up first here

 

 

dx

[farmersgirl]

I logged in about an hour ago and it took me to the claim.

This lead me to believe it was still current.

 

However I thought I would have another look to see if I missed anything but

now it is telling me I have an incorrect number or password.

I swear this site does not like me! It would not let me register initially.

 

I am just considering writing and offering them repayments (with the missing CCA giving me some leverage to keep them low)

 

I cannot afford a CCJ as will be looking for a new mortgage in a couple of months.

Just not sure what to do for the best.

 

Has let me in again now. Claim does appear still active

 

Sorry, it just says that acknowledgement of service was received 5/5/15

[dx100uk]

IMHO I would get a defence in PDQ

 

 

if they've no CCA then you should not be offering any payment.

 

 

as post 6

[farmersgirl]

Would I just put that I have requested CCA and that it has not been provided?

[dx100uk]

1.The claimants claim is in respect of a credit agreement regulated by the consumer credit act 1974

whereby Vanquis – Credit Card – original creditor provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement.

A notice of assignment has been sent to the defendant notifying them that this debt has been assigned to the claimant.

2.A default notice was served on the defendant which has now expired and upon which the defendant has failed to comply with.

3.The claimant therefore claims the sum of £2005.61 plus costs.

The claimant has complied with sections 111 and iv of the practice direction on pre-action conduct

.

DEFENCE:

 

I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. paragraph 1 is noted, I have held an account with foa credit card with Vanquis , however I do not recognise this particular one. I have requested a copy of the alleged agreement pertaining to this claim.

As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2. paragraph 2 is denied , I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act.

I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

 

 

3. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) Show how the Defendant has entered into an agreement with the Claimant; and

(b) Show how the Defendant has reached the amount claimed for; and

© Show evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

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 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.

 

 

 

 

try this , might need tweaking.

 

 

dx

[farmersgirl]

Thank you so much. I will get this in tonight.

[farmersgirl]

Hi,

thought you might like a quick update.

 

I managed to get my defence submitted in time and received a letter from the court dated 16/5 stating they had received it

and that a copy had been sent to Optima/Cabot.

 

They had 28 days to response after which the case would be stayed? (I think that was the right term).

 

I am not sure how long they allocate for Cabot to receive the defence but I am guessing the 28 days is up around now and as yet I have heard nothing so I am assuming that more or less puts an end to it although I understand that Cabot can apply to have the 'stay' (if that was the right term) to be overturned if they suddenly come up with the goods.

 

Thank you again for all your help, you guys do such a good job and I am very grateful.

[dx100uk]

:rockon: