Cabot/Optima Scottish Small Claims Summons Form 1a - 2011 Vanquis Card 'debt'

[dx100uk]

I don't think the court will advise no

but its worthy to tell them that the pursuer has told you in a letter

that they cannot now obtain a decree against you

 

 

dx

[almdhussain]

Hi

 

Finally received the documents as per the CCA request.

 

The application is a reconstituted one,

an online application so no signature.

 

The terms and conditions have been sent but they are set in February 2010, i

 

have marked it on the paper work, but the original agreement was on 20th January 2011,

does this help me,

 

there are changes in the T&C's when compared to the original one.

 

they have sent me a reconstituted one which pre-dates almost one year, is it legally enforceable.

 

They have also sent a statement which only shows what is the balance on the account.

 

They have not shown how they have reached that amount, so no charges, interest, transaction and PPI on the account.

 

They have not sent the documents what i have asked in the incidental application and to which they agreed to provide voluntarily in front of the judge.

 

They have not yet sent the Deed of Assignment copy.

 

The copies they have sent are not true certified copies.

 

What shall i do next, shall i write to them pointing the above or to their lawyer.

 

Will the judge allow the documents they have sent me.

 

I have attached the documents for your attention.

[IdaInFife]

That is not an online agreement.

That is a copy of their microfsh details for you

 

an online agreement should show you application details with a tick box rather than signature ( i cannot see this so excuse me if i am missing it)

 

how do you know there are changes?

[almdhussain]

Hi, i have got hold of an exact copy of the agreement for the same period of 01/2011 when i took out the credit card,

 

i have compared it, they have deleted some of the terms from the one they have provided.

 

Can they still get a CCJ without a deed of assignment???

 

What shall i do about the T&C's they have provided?

 

, i dont know if they are major changes but they are not exact terms to the one i have got hold of from my friend.

[dx100uk]

Where are you getting this importance upon the deed from...not here for sure...

 

Dx

[dx100uk]

So what is the t&c number for your mates one?

 

And has that one got his details on top of page 1?

 

A set of t&c's from 02/10 could well be correct

But I don't think the application form is correct mind

 

Go look at other vanquished claims here and check

What others have been sent

And the outcome of the case

 

The statement is OK

 

Dx

[almdhussain]

My mate has the T&C's dated as 12/2010, not like the one they have sent me and we can see some of the terms removed or changed.

As i do not know what APR my Credit card was i cannot tell if the interest rate is mentioned in the T&C's they have sent me.

 

Can you please shed some more light on the application, as you say it might not be right?

 

can you tell me about the deed of assignment, do they have send me the documents that i requested through court or not?

[almdhussain]

Also one point that i have noticed in the application form that they have send, my income is very high in their form, i have never earned that much money, can i challenge it(i believe by showing my P60), it shows £38000, where as my income was around 18k at that time????

Please advise

[dx100uk]

too many things wrong with the application for it to be a 'true copy'

 

 

and no they don't have to produce the deed of assignment

that's freemen of the land twaddle you got from somewhere

 

 

but they do have to produce the notice of assignment

[IdaInFife]

agree with DX

[almdhussain]

Hi All,

 

As advised i have done SAR for Vanquis, the paperwork they have sent me is attached, the only thing they have sent me is list of transactions and nothing else.

 

They say for the credit card agreement, they cannot supply it as i will have to do a CCA request and pay the £1 fees.

 

Copies of assignment, default notice and enforcement notice, they say that they have sold this account to Cabot Financial and they have not provided the same notices.

 

The PPI, Vanquis call it ROP(repayment option plan), i have read it in other threads that it still can be claimed,

i have calculated and it is roughly arount £401 pounds, how shall i proceed with claiming it, if i claim it will it be paid to Cabot Financial towards my debt????

 

Copies of statements they say that i will have to provide a £5 fee to get them, do i really have to do it?

 

The recorded calls they say they will write to me seperately.

 

Can anyone shed any light on this as to how to proceed and what needs to be done in my case.

 

Thanks

[dx100uk]

statements should all be in the SAR for the £10

 

 

yes you can reclaim the ROP

and no it cant goto the debt buyer

 

 

dx

[dx100uk]

cant see anything in the statements missing

you wont get each sheet per month from any creditor

[dx100uk]

I take it the case is still sisted and you've actually heard nowt more about any further court dates

[almdhussain]

yes the case is still sisted, heard nothing from the court, no paperwork coming thru as aked in the court, so just hanging in there.

[almdhussain]

I have had the statements from barclays & capital one so far, also how do i proceed to force vanquis to provide me the Agreement and Terms & conditions as they have not provided them, they want a £1 statutory fee, any template here for me to write to them?

[dx100uk]

forcing vanquis to send you the CCA provides no useful input to the claim

its the pursurer that must provide it.

 

 

as for the reclaiming of PPI and charges on various other cards and this one

 

 

it would be better if you started a thread for each card in the relevant named bank forum off the main top left forum tab.

 

 

details on reclaiming PPI and charges are below everyone of my posts in the links