Mortimer/marlin/cabot - vanquis 'debt' ** Claim Form Now Received **

[Skop123]

Well today I have received a County Court Judgement from Mortimer Clarke solicitors on behalf of Cabot for this debt ! Dated 3rd September.

[ims21]

Well today I have received a County Court Judgement from Mortimer Clarke solicitors on behalf of Cabot for this debt ! Dated 3rd September.

 

Judgement?

 

Did you not receive claim forms?

[Skop123]

Sorry yes I meant claim forms. Just rather annoyed

[ims21]

Sorry yes I meant claim forms. Just rather annoyed

 

Oh...ok

 

Well you probably already know that SB is an absolute defence to the claim?

[Skop123]

Hi

Yes I do know although they are contesting that it's not statute barred. In fact they have not even replied to my CCA request I sent. The claim form says it was assigned to Cabot on the 18/06/2010 but on my SAR I received from Vanquis it sold debt to cabot on Sept 09

[BRIGADIER2JCS]

Hi

Yes I do know although they are contesting that it's not statute barred. In fact they have not even replied to my CCA request I sent. The claim form says it was assigned to Cabot on the 18/06/2010 but on my SAR I received from Vanquis it sold debt to cabot on Sept 09

If they are relying on the default date as the start of the limitation clock doubt they will succeed.

 

 

I've been waiting for them to quote BMW - v - Hart on this.

[Skop123]

So do I send the letter saying why I believe it's statute barred to cabot and Mortimer Clarke or do I now just defend the claim ( which obviously I will do anyway )

[Guest]

snakes, they gave 21 days grace in their last letter end of august. maybe they now realise it wld go from the last payment (thereabouts), hence getting a claim in asap?

could write saying is barred as last payment was xx inviting them to withdraw/discontinue. in the meantime, sticking to court deadlines.

or, just do the court procedure.

remind, have you previously done a cca request to cabot, and is without response?

wait see what others suggest though.

[Skop123]

Hi Ford yes I've previously done a CCA request and the only reply I have had is #37

I will write to them aswell. I shall also put a copy in of the letter dated 21st August.

[Guest]

ok, then that can be used in supplement re defence. they cant enforce until an accurate response to a cca request.

wait see what others suggest. you have a bit of time re the claim form. 14 days from service to acknowledge with intent to defend. then get another 14 days to submit defence.

you could also consider doing a cpr 31.14 request re their claim. can you type up their paticulars less any identifiables.

[ims21]

Thread moved to the Legal forum in view of the receipt of Court Claim

[Skop123]

Particulars of claim are

 

By an agreement between Vanquis ("VANQ") & the dependent on or around 19/04/2007

("The agreement") VANQ agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claiment on 18/06/2010

The claimant therefore claims 1131.02

[Guest]

cld then also do a cpr request for at least those docs mentioned. eg agreement, termination notice, assignment notice.

yr main defence though is re stat bar.

[Skop123]

I will get a CPR sent off to them next week and see what they come up with. If Vanquis complied with the SAR though does it mean Cabot will have all the info to although they have not complied with the CCA ?

[Guest]

prob unlikely that a new owner would have the same info as the original creditor, an account just gets 'assigned' usually as one of a bulk. new owner wld prob have to request further account info from them?

[Skop123]

Well today I received this letter from cabot dated 4th September which is one day after court claim form. So now I am very confused......

 

Dear ....

YOUR REQUEST FOR INFORMATION UNDER THE CONSUMER CREDIT ACT

 

Unfortunately Cabot have not been able to provide you with the requested information within the relevant time period.

 

WHAT HAPPENS NEXT ?

We shall continue to request the information from the original lender to assist you with your request. In the meantime, we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

 

YOUR ACCOUNT

Your credit agreement is currently up enforceable, which means we are not permitted to obtain a judgement or decree against you in Court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan.

 

......

 

Advice on what to do next would be appreciated. Does Cabot now have to stop the claim or do I have to inform the court ?

Thanks

skop

[BRIGADIER2JCS]

Well today I received this letter from cabot dated 4th September which is one day after court claim form. So now I am very confused......

 

Dear ....

YOUR REQUEST FOR INFORMATION UNDER THE CONSUMER CREDIT ACT

 

Unfortunately Cabot have not been able to provide you with the requested information within the relevant time period.

 

WHAT HAPPENS NEXT ?

We shall continue to request the information from the original lender to assist you with your request. In the meantime, we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

 

YOUR ACCOUNT

Your credit agreement is currently up enforceable, which means we are not permitted to obtain a judgement or decree against you in Court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan.

 

......

 

Advice on what to do next would be appreciated. Does Cabot now have to stop the claim or do I have to inform the court ?

Thanks

skop

Cabot will "stay" the claim.

[Guest]

skop

if nothing happens as such before yr acknowledgment of service deadline, then, to be safe, ensure do acknowledge in time with intent to defend. then also get another 14 days to submit a defence if required. could do so anyway

[Skop123]

So should I still write to cabot and explain why it's statute barred or do I just leave it now and stick to the court deadlines.

Thanks

[AndyOrch]

Cabot will "stay" the claim.

I wouldnt bank on it

 

So should I still write to cabot and explain why it's statute barred No or do I just leave it now and stick to the court deadlines. Yes acknowledge service and if submitting a statute barred defence submit it straightaway...no need to wait a further 14 days.

Thanks

 

Regards

 

Andy

[Skop123]

Ok I will get my defence submitted. If you could please take a look and see what you think I would be grateful.

 

1.Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to the particulars of the claim (' the Agreement') the claimant has yet to disclose any such agreement.

 

2. Paragraph 1 is denied with regards to the defendant owing any monies to the Claimant.

 

Claimant is put to strict proof to :

(a) show how the defendant has entered into an agreement with the claimant and

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

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

 

3. As per Civil Procedureicion Rule 16.5(4), it is expected that the Claimant prove the allegation that

the money is owed.

 

4. On the alternative, if 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 a Property Act and section

82A of the consumer Credit Act 1974.

 

5. By reason of the facts and matters set out above it is denied that the Claimant is entitled to relief

claimed or any relief.

 

6. Further to receipt of this claim I had requested information to clarify this account by requesting a CPR 31.14 dated 15/07/2014, the claimant has failed to respond. Further to receipt of this claim I had previously requested a copy of the agreement by way of a section 78 requested date was 23rd July the claimant had 12 +2 days to comply....to this date they have failed to provide the Requested information within the relevant time period.

 

7 The last payment or acknowledgement of this debt was made over 6 years ago on the 4th June 2008 and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the limitation Act. Therefore this account is statute barred even though the claimant issued a default against this account on 30/09/2009 over 15 months after last payment or acknowledgement of account.

 

Furthermore it is brought to the courts attention that the claimant failed to serve any letter before action and therefore had not complied with pre action protocol.

 

 

 

Is this a good enough defence to submit. Obviously I used the first few paragraphs from a previous defence.

Many thanks

Skop

[AndyOrch]

Are you not submitting the Statute Barred defence?

 

Regards

 

Andy

[Skop123]

1 The Claimant's claim was issued on 03rd September

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £1281.02 or any other sum, or relief of any kind is denied.

 

 

 

Is this better...I took it from another thread ?

Thanks

skop

[Guest]

much, as sb is mentioned in the defence. they will have to show that it is not barred. dont know whether it wld be apt to say last payment was xx/xx/xx hence barred in the defence statement. see what andy says.

can include other matters in supplement if required. eg no cca request response etc

see what andy says just now.

[AndyOrch]

If its SB you submit the SB defence ...it does not require any additions.If you are not sure its SB then you submit the other defence...once its been checked.

Never dilute the SB with additions...it is not required,it is the ultimate defence...but you must be sure that your claim is SB.

 

Regards

 

Andy