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Cabot/restons Claim form - old Vanquis card debt

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Hi,

 

Just received a county court claim form on behalf of cabot financial, the solicitors are Restons.

 

This is a first for me,

never dealt with this kind of thing before,

honestly dealing with debts has been a struggle,

so maybe i shouldnt be surprised

but for £330 im a bit suprised but it is owed,

 

my questions if possible

 

Can i offer an agreed amount with the solictors to start clearing?

Or is it a case the whole amount is owed and im screwed i guess is the word

 

I was made redundant 4 weeks ago so this is not the greatest of timings

 

.How do i proceed,

im not going to disagree with the claim as im fairly sure the debt is valid

its just myself who didnt organize my debts properly that led to this.

 

So do i accept the claim, then contact the solictors etc?

Edited by dx100uk
spacing

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no you don't give in and pay them

 

I've moved you to the legals forum

lots of wins against restons here already..

 

can you complete this please

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp


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

 

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Cabot Financial (UK) Limited

 

07/03/2018

 

The claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(S) and vanquis dated on or about aug 27 2015 and assigned to the claimant on jun 30 2017

 

Paticulars a/c xxxxxxxxxxxxxxxx

 

DATE 29/01/2018 DEFAULT BALANCE 330.18 POST REFRI NIL

TOTAL 330.18

 

Amount claimed 330.18

court fee 35.00

Legal representatives costs 50.00

Total amount 415.18

Date 29/01/2018 default balance 330.18

 

I received no prior notice

 

The claim is for a credit card overdue balance

 

after 2007

 

The claim has been issued by the assigned Debt purchaser

 

I was aware Cabot gained the account at some point, cant remember an exact date though

 

I have not recieved any default notices

 

No notice of default sums

 

I just couldnt afford life, its been a crazy two years on all levels.

 

Date of last payment april 2016 though it was on an old bank account thats closed.

 

No disputes

 

With regards to aknowledgement, moneyservice etc..do i need to do this?

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can we have the particulars of claim as written verbatim please

minus the A/C number


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

 

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All there is..

 

The claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(S) and vanquis dated on or about aug 27 2015 and assigned to the claimant on jun 30 2017

 

Paticulars a/c xxxxxxxxxxxxxxxx

 

DATE 29/01/2018 DEFAULT BALANCE 330.18 POST REFRI NIL

TOTAL 330.18

 

Then on the other side

 

Amount claimed 330.18

court fee 35.00

Legal representatives costs 50.00

Total amount 415.18

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Should i aknowledge the service/ just asking as according the letter it was the 7th ive only just received as it was sent to an old address!

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opps you should never moved and no inform all your old creditors/debt owners that show on your credit file

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


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

 

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and the rest of it!!

do NOT miss your defence filing date WHATEVER happens or comes or not..


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

 

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Dx,thanks for your help in the above,

 

Besides the cca and the cpr, what do i then proceed with,the outcome is to stop the proceedings in court is the end game, what else should i provide

apologies for the ignorance in advance!

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do all as in post 7

once that's done

time to get reading up!!

 

1000's of threads in this forum


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

 

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Afternoon DX, The cca has been sent off to cabot and the CPR 31:14 to Restons.

 

Regarding my defence.. Is this the template of what i will soon be putting in my defence.

 

Ive been reading the threads, im tech savvy but when it comes to law and its aspects im a rabbit in the headlights!

 

The below is that my defence?

 

The claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(S) and vanquis dated on or about aug 27 2015 and assigned to the claimant on jun 30 2017

 

Paticulars a/c xxxxxxxxxxxxxxxx

 

DATE 29/01/2018 DEFAULT BALANCE 330.18 POST REFRI NIL

TOTAL 330.18

 

Then on the other side

 

Amount claimed 330.18

court fee 35.00

Legal representatives costs 50.00

Total amount 415.18

 

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. I have in the past had financial dealings with [original creditor]. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined 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; and

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

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

6. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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 82A of the consumer crediticon Act 1974.

 

8. 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

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https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=The+claimant+claims+payment+of+the+overdue+balance+from+the+defendant(s)+under+a+contract+between+the+defendant(S)+and+vanquis+dated+on+or+about+aug+27+2015+and+assigned+to+the+claimant+on+&sa=Search+CAG#gsc.tab=0&gsc.q=The%20claimant%20claims%20payment%20of%20the%20overdue%20balance%20from%20the%20defendant(s)%20under%20a%20contract%20between%20the%20defendant(S)%20and%20vanquis%20dated%20on%20or%20about%20aug%2027%202015%20and%20assigned%20to%20the%20claimant%20on%20&gsc.page=1

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

 

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I've had a response from northampton. Just stating they have received my defence and have sent it to the claimant etc

 

What happens now??

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You go read like threads...


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

 

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ideally like everyother user here you post up your proposed defence

we check it and you file it..

 

however you seem to be operating upon the assumption that ...i'll do this..then i'll tell you ...then you'll help me.......urm....


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

 

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I read the threads what you asked me to,forgot to post here beforehand,id already looked a dimwit asking what to do!

 

Restons since my defence being filed have responded in a letter,

 

They state in the letter regarding the credit agreement with Vanquis. Noting i would of been sent statements of accounts, i failed to keep up the monthly payment. In brief!

 

The final part says "In view of the information set out in this letter, we do not believe your defence has any real prospect of success and we will therefore recommend to our client that an application be made to strike out the defence and enter a judgement against you for the full amount claimed together with legal fees and costs. Should you wish to avoid these further costs being incurred then we invite you to withdraw your defence by completing the enclosed Form N9A and returning it to this office in 14 days"

 

"Alternatively our client is prepared to consider any reasonable settlement proposals you may wish to put forward to resolve this matter amicably and avoid continuation of this litigation, Please contact this office in the next 14 days if this is of interest to you"

 

They sent me the 31.14, However i still have nothing from Cabot regarding the cca i sent them

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yea old std begging/discount letter


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

 

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we normally hope by this stage of a claim and a month into it starting - users had exercised the right to self help and know what to do by now by reading like threads rather than making an assumption...


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

 

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Okay this is my current thought after reading threads.

The last entry on Mcol is defence recieved. No aknowledgement.

 

From what i have read i do nothing until Restons decide to proceed or not.

28 days after the defence is recieved if im right.

So for the time being i will not contact restons.

 

Can i clarify something, If no CCA from Cabot arrives in that timeframe.

Does that make impact to what restons will then attempt to do with regards to pushing further.

 

Their cpr they sent back looks exactly like a few other threads ive read besides the address!

Surely all requested documents need to be back before they can proceed?

Edited by dx100uk
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once you file your defence they have 28 days to do 'something' else the claim gets auto stayed

and it will cost them more fees to progress things.

 

and unless they produce slam dunk enforceable everything you don't ever respond to anything they send.

 

if the claim does move forward it will be by an N180 from THE COURT to YOU

 

yes ofcourse they will need to produce all of the required paperwork you requested

at disclosure stage [witness statement] IF IF IF they go that far.

 

with the letter you have

that's what I used to call willy waving [to frighten you and make you blink first] but i'm not supposed to use that saying so I've yet to think of a new one so apt....:lol:


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

 

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Sounds accurate lol.

Ok I'll let it lie. Anything happens I'll return and say

Edited by dx100uk
quote

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Last hope hotel for a term or looking for the unicorn's horn DX? A letter offering a discount at a late stage could be either of those.


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From Cabot today

 

"We're still processing your request, we have contacted the original lender for the relevant information, as we havent yet been able to provide you with the information you have requested, your credit agreement is unenforceable until we are able to reply to your request. This means we are not permitted to obtain a judgement or decree against you in court"

 

The rest is basically " while we cant take legal action against you we ask you to repay this amount and yu will still recieve calls and letters. offer a payment plan, affecting credit rating etc etc

 

So thats a good thing? unless however vanquis holds it

 

Edited-The cca request, apologies should of put what id asked for

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