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Hi all,

 

I have looked through a few other threads, as there are quite a few regarding Cabot/Restons, but can't find anything like my situation, so hopefully someone can help. This is my other halfs issue really, but am trying to help her out as much as I can.

 

Back in November 2014 we got a few letters from a debt collection agency about a Vanquis credit card debt it said my wife owed.

 

She did not recognise the debt, so we wrote to them asking for a CCA and statement.

We have kept a photocopy of this.

We didn't hear anything back, and I will be honest and say we just left it.

 

In June my wife got a letter from Northampton CC saying that Restons had taken her to court for £472.67 on behalf of Vanquis bank for a debt that was taken out on or around 22nd April 2010.

 

We went online immediately and disputed it.

I told the court we had never had any correspondence from Restons regarding this matter, but we did have another debt collector and we had already requested a full statement and CCA, which we never recieved. We asked again, through the court for a CCA.

The court stayed the judgement.

 

As I said this was back in June.

 

Restons have said they have asked for the information from the original creditor, but they said (their words) that this can be a lengthy process. We told them as far as we were concerned they had 12 days to produce the relevant information.

 

We got another letter today stating that they are sorry for the delay and they are still awaiting the information from their client.

 

The invite my wife to put forward an amicable settlement proposal.

 

Now, I realise we/I have probably done a lot of things wrong here, but where do we go from here?

 

My wife has said (this was before me) she may have taken the CC out, she was with an ex at the time, but she honestly can't remember and she has no paperwork at all for a Vanquis CC (she keeps everything, so I find it unusual she wouldn't have something).

 

So what should we do now?

 

Many Thanks.

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OK we need to know where in the process this has got to.

 

A Claim form has been issued correct?

You acknowledged the claim

 

Can you read this and post the answers here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%282-Viewing%29-nbsp

 

From what you say the claim is currently stayed and the DCA is now asking for a settlement proposal

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi,

 

Yes the claim form was issued and we responded the very same day we got it, that was on June 4th 2015.

 

Name of the Claimant ?

 

Cabot

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

June 2nd 2015

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

What is the value of the claim?

 

£472.67

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?

 

Vanquis Credit Card

 

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

 

After, it states on or around 22nd April 2010

 

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 we presume

 

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

 

No

 

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?

 

What was the date of your last payment?

 

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?

 

 

For all of those last 4 questions really, my wife can not remember ever having taken out a credit card with Vanquis. It was on or around the time she split with her ex. So, no payments were ever made.

 

Yes, the correspondance from the court and the DCA is the claim is now stayed and today we got an email asking her to make an offer to settle.

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Doubt it was vanquis that was the claimant

Prob Cabot

 

Sounds like the claim is stayed

 

Until/unless rectums produce enforceable agreement

And pay to lift the stay

And you get notification or allocation from the court its moving fwd

You can ignore rectums sabre waving to unsettle a defendant

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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