Cabot/Restons Claimform - 1st Vanquis Card debt - Stayed now resurfaces ***Claim Discontinued***

[bigtrouble2017]

Hi, hope someone can help.

 

This is in regards of a 'stayed' case from August 2016 Via the County Court Business Centre.

Cabot/Restons

At the time I requested documents those being:

 

1. Agreement/Contract

2. Default Notice

3. Assignment

 

These never arrived within the period of 12 days, then a further 30 days.

I went on to deliver my defence and ultimately the case was 'Stayed'

 

Present day:

I have just received a photocopy of a credit agreement with spreadsheet statements from Cabot who now which to 'discuss the options available for this account.'

 

My initial concern is the photocopy of the agreement, in that it has clearly had something stuck over part of the section 'YOUR SIGNATURE REQUIRED' with what clearly looks like a faxed signature of who ever was signing off on the agreement, although I am unsure if this is normal practice?

 

Also the spreadsheet is very basic with no opening balance/closing balance or written indication to the amount of initial credit and whether this was increased/decreased over time during the period of the agreement?

 

Per my original request during court proceedings they have not supplied 'Default Notice',

'Assignment', although I'm sure this would be a request I would make again should the 'Stay' get lifted and it goes back to court.

 

Any help in this matter would be most appreciated.

Thank you.

[AndyOrch]

Thread moved to Financial Legal Issues Forum...please continue to post here to your thread.

 

Could you possibly scan and redact what you have received and post here?

 

 

Andy

[bigtrouble2017]

Hi Andy, thanks for the quick response.

 

Is that all documentation including spreadsheets and agreement and if so I assume I would scrub out any names and AC No. and the like?

 

Cheers.

 

Hi Andy,

Ok here are the scans of two letters (came in same envelope), pg1 and pg2 of agreement, one being the signed page.

I did notice that the signed page looked like it wasn't part of the rest of the agreement as the text was of poor quality, yet all the others where easily readable.

If you want the rest let me know.

Also have done an enlarged section of the signing area, where clearly something isn't quite right?

 

Thanks again for your help.

cabot_restons2018.pdf

[dx100uk]

whers's the rest of the CCA return - that's not compliant - lots missing.

so that's all they sent?

[AndyOrch]

It does look like an overlay...but thats irrelevant if your signature is correctly positioned....the fact that their signature is there is to simply execute the agreement on that date.

 

Creditors used ink stamp to execute for speed

 

Can you recall the date you signed it ? It stated that it must be signed and returned by the 31st Aug 2012....the overlay executes it on the 3rd Aug 2012.

[bigtrouble2017]

OK, updated with all agreement pages.

 

It includes the first spreadsheet statement but does not show initial credit limit or any changes to that during that period.

Also no statement of of how the figure they've come up with was reached.

 

Can't remember the date of signing, although the spreadsheet would suggest within time.

 

Again thank you, let me know if you require any info from the original case or anything else for that matter.

CCa return.pdf

Edited May 18, 2018 by bigtrouble2017
Requested info

[bigtrouble2017]

Hi, just wondering if anyone has had a look at the pdf and have any thoughts, suggestions ? thanks.

[dx100uk]

doesn't sit right with me

says unregulated credit agreement with an application form.

lots of charges and ROP to reclaim there too!

[AndyOrch]

Its Regulated by the CCA1974 ?

[bigtrouble2017]

doesn't sit right with me

says unregulated credit agreement with an application form.

lots of charges and ROP to reclaim there too!

 

Its Regulated by the CCA1974 ?

 

Ok, so sorry but what does that mean for me?

[dx100uk]

doesn't sit right with me

says unregulated credit agreement with an application form.

lots of charges and ROP to reclaim there too!

 

wrong word there... the T&C page 4 says unexecuted ..

[bigtrouble2017]

OK, not sure if your referring to pg4 of the agreement or pg4 of the pdf?

if you are referring to pg4 of the pdf, this to me is illegible with parts of the signature section obscured by a stuck on overlay.

 

Would I be within my rights to request a legible copy of the signed agreement showing my own written representation of the date and other possibly important information that has been masked out by the overlay?

 

Why would they not have a second signatory box for the person signing off on the agreement?

 

In reference to the ROP this seemed to stop 6 months in based on the spreadsheets.

 

Thanks again.

[dx100uk]

opened

[bigtrouble2017]

Thank you

[bigtrouble2017]

Hoping someone could go over this thread again as it all still applies with the added information relating to court action (attached). My reply needs to be in by 24th May (This Month).

I am planning on requesting a legible signed agreement which also does not have the date that I put down obscured with what seems to be a faxed signed overlay.

I am also questioning the spreadsheet as it does not tally with the amount on the default notice and no transparency or understanding of how the default figure was reached when calculated in relation to the spreadsheet.

Previously it was mentions about "the T&C page 4 says unexecuted"?

Any help much appreciated, thank you.
 

Restons.pdf

[dx100uk]

pop in later BT 

 

dx

 

[bigtrouble2017]

OK, thanks.

[AndyOrch]

So their application to strike out your defence was dismissed ....shame......and they must file reserve their particulars and all the documents you have referred to by 18th May 4.00pm......if they do you have the option to submit a further defence by 25th  May 4.00pm.

 

If they fail the claim will be struck out without further notice.

 

So all you have to do is wait for the 18th May.

 

Andy

[bigtrouble2017]

Thank you Andy... waiting game then ;/

 

[bigtrouble2017]

Hi again, is there any guidance you could give me in regards of the information already supplied that may help should this go further.

Thanks again for your time.

[dx100uk]

can we have the original Poc please

or even better

fill this out:

 

 

[bigtrouble2017]

Name of the Claimant ? Cabot

 

Date of issue – 30th April 2020

  

Particulars of Claim

 

What is the claim for – 

"The Claimant claims payment of the overdue balance from the Defendant under a contract between the Defendant and Vanquis dated on or about Aug 02 2012 and assigned to the Claimant on Mar 16 2016."

Amount claimed: £3393.91

 

What is the total value of the claim? Total amount: £3658.91

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes, although they have not fully documented charges. PAPDC P3 (b) (i)?

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/A

 

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

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Post

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?

Yes

 

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.

Not original creditor. Was assigned and in dispute with first Debt purchaser (Moorcroft), then was re-assigned without notice to present Debt purchaser (Cabot).

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my knowledge.

 

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

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?

No

 

Why did you cease payments? Financial problems. These issues where made worse by the increased ‘Purchase Charges’ even though I asked for some understanding and help in this matter.

 

What was the date of your last payment? Around October 2014

 

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, several times I relaid my financial concerns to the original creditor. They did on one occasion put me on short term plan.

I requested the freezing of interest during my periods of difficulty but this did not happen.

[bigtrouble2017]

Hi again, was that above OK?

Thanks

On 09/05/2020 at 01:09, dx100uk said:

can we have the original Poc please

or even better

fill this out:

 

 

 

[bigtrouble2017]

OK, so this morning I've had an 'Amended Particulars of Claim' pursuant to the order dated 30th April 2020. So looks like this is going ahead, what do you think?

Thanks.

 

[dx100uk]

poss but no guarantee they'll run in all the way to a hearing.

PDF it please