Cabot/Drydens Claim Form - vanquis card 'debt'

[SCOOBY1988]

Hello you lovely lot,

hoping for some advice on my options

, quick summary

, I had a vanquis account a few moons ago (not enough for SB Defence), eventually I think Cabot bought the debt and are now claiming it through Drydens.

 

Claimant - Cabot

Address for sending documents- Drydens LTD

 

POC as written on form,

 

 

Claim Number

Defendant Details

XXXXX XXXXXX ( My name)

xxx xxxxx xx ( My address)

 

 

1.the claimants claim is for the sum of £1644.80 under and agreement regulated by the consumer credit act 1974, between the Defendant and Vanquis Account Number xxxxxxxxxxxxxxxx and assigned to the claimiant on 16/03/2016, notice of which has been provided to the defendant.

 

2.The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment.

 

3.And the claimant claims the sums of £1644.80

together with costs.

 

Ammount claimed- 1494.80

court fee- 70

legal rep costs- 80

total ammount £1644.80

 

i do recall a few letters of generic threats from cabot, not sure if any of them were notice of assignement.

 

I do not think I have been sent any satements showing what I alledgedly owe and how its come to this figure.

 

Issue date on claim form is 29th Sept 2016 yet it only arrived on friday.

What should I do now, acknowledge the claim?

 

Thank you for your help

 

Jay

[dx100uk]

Yes ack the claim defend all

Get CCA/CPR running

[dx100uk]

When did you take it out

[SCOOBY1988]

Hi DX, your awesome, everytime I come on this site for advice or just a nosey around your right on to the issues within minutes, helping others, A credit to this site!

 

to answer your question i am really not sure, I dont have any paperwork I must have binned it at some point having a clear out. Off the top of my head it must be 4 years ago possibly.

 

I will do as you said now.

 

Cheers

 

Jay

[SCOOBY1988]

I might be being stupid here ( no actually I probably am), I am sure there was a place on here to find the CCA/CPR templates, can someone point be in the right direction, I seem to be lost.

 

 

Cheers

 

 

Jay

[martin2006]

CCA request

CPR 31:14

 

Just click them

[dx100uk]

Credit file tell you anything?

[AndyOrch]

If you could read and complete the following link Scooby posting the Qs and responses back here...then we have all the details in full in one post.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy

[SCOOBY1988]

Cabot Financial

 

Date of issue – 29th Sept 2016

 

Defence in by 31st october

 

What is the claim for – the reason they have issued the claim?

POC

Claim Number

Defendant Details

xxx xxxx

1.The claimants claim is for the sum of £1644.80 under and agreement regulated by the consumer credit act 1974, between the Defendant and Vanquis Account Number xxxxxxxxxxxxxxxx and assigned to the claimiant on 16/03/2016, notice of which has been provided to the defendant.

 

2.The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment.

And the claimant claims the sums of £1644.80

together with costs.

 

What is the value of the claim? £1644.80

 

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? Unsure

 

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 Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I do recall something in the post but cannot find it.

Did you receive a Default Notice from the original creditor? Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

 

Why did you cease payments? Low income, couldnt afford it.

 

What was the date of your last payment? Unsure, probably around 2 years ago

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Not sure to be honest.

[SCOOBY1988]

I send these two requests to the claimant I.E Cabot, not Drydens LTD? The claim form says the claimant is Cabot but to send documents to drydens?

[SCOOBY1988]

This is the detail on my credit report, I didnt realise they were recent, feels like years ago!

 

 

Account started

 

30/10/2012

 

Default Date

 

30/11/2015

[martin2006]

CCA should have gone to Cabot

CPR should have gone to Drydens

[dx100uk]

you ignore any instruction on the claimform

 

sent a CCA request to cabot aswell

[SCOOBY1988]

Hi

 

I have missed my defence date, it was yesterday by my calculations,

I have not had a response from Cabot at all and Drydens replied saying they will forward to Cabot, is it too late to put a defence in now?

 

 

Cheers

 

 

Jay

[dx100uk]

should be ok.

 

 

rejig post 49 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?468289-Cabot-reston-claimform-sainsbury-Credit-card-debt

 

 

pop it up 1st for checking

 

 

dx

[SCOOBY1988]

Particulars of Claim

1. The claimants claim is for the sum of £1644.80 under an agreement regulated by the consumer credit act 1974, between the Defendant and Vanquis Account Number xxxxxxxxxxxxxxxx and assigned to the claimant on 16/03/2016, notice of which has been provided to the defendant.
    
   2. The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment.
    
   3 .And the claimant claims the sums of £1644.80
   together with costs.
    
   Ammount claimed- £1494.80
   court fee- £70
   legal rep costs- £80
   total ammount £1644.80
    
   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. Paragraph 1 is noted and accepted. I have in the past had financial dealings with Vanquis but do not recall the precise details or agreement.
   I therefore requested clarification from the claimant who is yet to comply with my request for further information.
    
    
   3. A section in paragraph 1 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) served by Vanquis.
    
   5. On receipt of this claim, I sent a request pursuant to s78 of the CCA 1974 for a copy of the agreement to the Claimant and the Solicitors. The Claimant has not responded, the Solicitors passed the request on to the Claimant.
   

A further request was made via CPR 31.14 to the Claimants Solicitors, requesting disclosure of documents referred to in the claimant’s particulars. They have responded saying they have passed my request on to Cabot the Claimant.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement

b) show how the Defendant has reached the amount claimed for and

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87 CCA 1974

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

 

7. As per Civil Procedure 16.5 (4) it is expected that the claimants prove the allegation that the money is owed

 

8. On the alternative, as 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 82 A of the consumer credit Act 1974.

 

9. 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.

[SCOOBY1988]

does that look right, I think it is ok but, its the truth I suppose is what matters?

 

 

Cheers

 

 

Jay

[dx100uk]

looks perfect to me

you could await andyorch to check it

as a few more hours wont hurt

courts are aware litigants in person make time errors

or you could file it now

 

 

dx

[SCOOBY1988]

submitted in case I forget tomorrow (really hectic life at the moment). I've a few questions if someone could answer them that would be great.

 

 

1- I sent the requests by recorded delivery, they were sent on the 15/10/2016 does this mean they should have responded by the 29th to the requests? Also it appears only 1 letter was signed for, that was Cabot. The two requests I sent to Drydens have allegedly not been signed for yet however I received a letter from them telling me they passed the request on to Cabot!

 

 

2- What will happen now if they manage to get hold of the requested documents?

 

 

Cheers

 

 

Jay

[dx100uk]

possibly nothing...

[AndyOrch]

Should suffice Scooby...although you didn't challenge their point 2

 

2. The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment.

 

Although your point 1/ 2 should cover that ...if your unsure of the agreement then you would be unsure of any default.

 

Andy

[SCOOBY1988]

Cheers Andy, I wasn't too sure to call them out on that as they never specifically said "Defaulted" or " default" although for all intents and purposes that's what they meant.

 

 

Thank you.

 

 

Jay