Cabot/Restons claimform -old Vanquis 'debt' stayed in 2014 now restons send CCA return?

[Bellrooster]

Hi folks,

 

I just need a bit of advice as to what to do next regarding my most recent correspondence from Restons.

 

The back ground is that my Husband received a letter from Restons advising that he was being taken to court

regarding an old Credit card debt with vanquis to which we responded with this letter..CPR 31.14.

 

They wrote back, I can't quite remember exactly but from what I can remember it said that they didn't have the documents that we'd asked for but they were going to try and get them.

 

 

We submitted this defence to the court (I will cut and paste it below)

and this is all we have heard from them since then apart from a couple of letters saying the documents/agreements still haven't been found.

 

1: I received the claim XXX from the County Court Business Centre, Northampton on 10th September 2014.

 

2: This claim is for a credit card agreement regulated under the Consumer Credit Act 1974.

 

3: It is admitted that the Defendant has previously entered into an agreement with Vanquis for provision of credit.

 

4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

5. The Claimants Particulars of Claim states that the account was assigned from Vanquis to Cabot Financial Limited on 23rd February 2011. The Defendant does not recall receiving notice of this assignment.

 

6. It is denied that Vanquis served any Default notice on the Defendant pursuant to S87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

7. On the 15th September 2014, I sent a request for inspection of documents pertaining to the claimants Particular of Claim under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Agreement/contract, Default Notice, assignment and formal demand.

 

8. Restons Solicitors have not sent any of these documents to me.

 

9. On the 15th September 2014 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

10. The Claimant has failed to comply with [s 77 (1) / S 78 (1)] Consumer Credit Act 1974 and by virtue of [s 77 (4) / S 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

 

11: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

 

12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed, be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

14. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

The letter we received today from Restons has attached a copy of the "digital signature application details" and a Statement of account. The last payment on the statement was a ROP Payment?! I have no idea what that means, there are quite a few 'ROP payments' in the statements and the last payment date was the 05/03/2010.

 

Finally, the letter says they are still awaiting a copy of the notice of Assignment and 'endeavour to provide is to us in due course'

 

Could anyone advise as to what our next course of action should be?

Edited April 26, 2016 by Andyorch
Template removed CPR 31.14

[dx100uk]

ROP is not a payment by YOU

its vanquis's stealth PPI

so you need the last payment by YOU

not by ROP>

 

 

now you say this was 2014?

 

 

so the claim is well stayed anyway?

 

 

dx

[Bellrooster]

Hi, thanks for your reply!

 

 

Yes, it all started in September 2014.

 

 

I've just checked and the last payment by us was on the 19/09/2009.

[dx100uk]

ok not sb'd

but that makes no odds

 

 

its well stayed.

no harm in you ringing northants and checking

 

 

until/unless rectums pay to lift the stay

its parked and going nowhere

[Bellrooster]

What is the likelihood of them lifting the stay?

[dx100uk]

do they have enforceable paperwork?

[Bellrooster]

Well the reply today has paperwork attached. I have no idea as to whether it is enforceable or not!

 

 

The 'digital signature and application' form they sent looks more like its been knocked up on word. They have sent statements from the original credit card. They haven't sent a copy of the notice of assignment.

[dx100uk]

can you scan it up please

upload

[Bellrooster]

I have attached the scanned digital signature application - hopefully its visible!

Vanquis agreement scan.pdf

[renegadeimp]

Thats not a compliant agreement. Theres no terms and conditions, or statement of account