Cabot/Restons claimform - old vanquis+newday cards two debts

[bruce18641]

Cabot have now issued proceedings via Restons

 

They have not supplied documents requested on the The Pre-Action Protocol sent to Restons mid July including,

Copy of The assignment of the debt from the original creditor (They say I was sent a copy when it was originally issued) …

(I have never received any such copy )

The default notices

A complete set of statements relating to the original debt is a credit card showing all payments interest and charges.

A valid CCA

 

A CCA (the CCA supplied is between myself and a company I’ve never heard of.

Its never been seen by me and not signed either physically or digitally.

 

As far as I’m concerned, the CCA sent is a forged instrument and therefore does this make Cabot guilty of conspiracy to defraud?

 

Do they have to provide copies of proof of debt to the court? If so why not me.

 

Do I respond to the court claim form with a defence based on they haven’t provided the docs requested under the protocol??

 

Is the next step going to cost me a fortune I haven’t got?

 

Any ideas on what to do next would be gratefully received

Edited November 1, 2018 by dx100uk
spacing

[dx100uk]

threads merged

please keep to one thread

title updated

moved to legal forum.

 

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

[bruce18641]

Hoope I've put this in the correct thread this time.

 

Name of the Claimant ? Cabot Financial UK ltd

 

Date of issue – 29.10.2018

 

Particulars of Claim

 

What is the claim for –

PARTICLARS-

The claimant claims payment of the overdue balances (set out below) which the defendent(s) have failed to pay as required under contracts with the following particulars

acc no **********

acc no **********, between the defendant(s) and Vanquis and new day dated on or about Sep 18 2013 and March 19 2014 respectively. The contracts were assigned to the claimant on Jun 30 2017 and June 09 2017 respectively.

 

17.04.2018 Default balance £1700

22.06 2018 Default balance £1080

Post refCr Nil

Total: £2780.00

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes

 

What is the total value of the claim? £3040.00

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? X2 credit cards

 

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

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes showing as the debt buyer not the original creditor.

 

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. The debt purchaser

 

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? I tried without success to arrange a payment schedule with the original creditors but they refused

 

What was the date of your last payment? 04.04.2012

 

Was there a dispute with the original creditor that remains unresolved? yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? yes

Edited November 7, 2018 by Andyorch
fprmat/Particulars added

[dx100uk]

is that ALL the particulars of claim box says??

 

you say your last payment on either of these cards [two] was april 2012?

[bruce18641]

There was some missing from the claim box, I only typed the lower particualrs. The first part is as follows:

 

The claimant claims payment of the overdue balances (set out below) which the defendent(s) have failed to pay as required under contracts with the following particulars

acc no **********

acc no **********, between the defendant(s) and Vanquis and new day dated on or about Sep 18 2013 and March 19 2014 respectively. The contracts were assigned to the claimant on Jun 30 2017 and June 09 2017 respectively.

 

Also I got the date wrong for the last payment, it should have been april 2014

[dx100uk]

Cheeky lumping 2 debts together in one claim