Cabot Claimform - vanquis debt

[skyblue2027]

You can very safely ignore them, the offer of a reduced settlement is evidence that they know full well that they do not have ANY enforceable evidence in whioch to take you to court to recover the money, if they did then they would not offer you a discount, ignore their immature threats and lodge formal complaints about them to the OFT&TS via consumer direct.

 

thanks dadofholly and bazooka. thats what i thought but thought to check.

 

ive had 8 letters since the CARS dispute letter was sent with all sorts of threats. The OFT will again be sent a complaint. When will these muppets wake up???!!!!!

 

On another matter, i have 1st Credit offering me 50% off an Everyday Loan account for 2k.

The CCA cut off time is running!!!

[Mr Worried]

Hi, Let the cca run its cause then hit them with the dispute letter, there you go 50% saved! when you are in a better position ( ie acc in dispute no cca ) then start your negotiating a f+f, till the sit tight.

 

Mr W

[RoyalIrish]

It's VERY unlikely that Vanquis have a CCA.

 

See my post

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283805-Lowell-Vanquis-Tail-Between-Legs(1-Viewing)-nbsp

 

I think that it depends who Vanquis sell the debt to.

 

No CCA then no debt!

 

Stick to your guns!

 

RI

[skyblue2027]

I have a Vanquis debt that was being chased via Vanquis last year. the debt was placed in dispute via myself as they could not provide a CCA.

 

This morning i have had a letter from Cabot chasing the money including a copy of a letter sent by Vanquis to me (which i have not received as yet) advising the debt has been sold to Cabot.

 

What i need to know is:

 

1. do i advise Cabot the debt was previously in dispute with C.A.R.S?

2. Do i send a CCA request to Cabot?

3. Where do i stand on this?

 

any help would be appreciated

[247orbital]

It seems Crapbot have purchased quite a few of these recently. I'd take a guess the majority are lemons and they know it.

[skyblue2027]

OK. so whats the best thing to do. ask again for CCA?

[247orbital]

No your original CCA request is still valid so inform them that the debt is still in dispute and should not have been sold to another DCA while no CCA has been provided.

 

I would submit a SAR request to Vanquish to see where you stand.

 

Also make sure complaints are made to the ICO, Trading Standards etc.

[hennessy13]

To my understanding a debt can be sold if there is a CCA outstanding. Responsibility falls on the creditor who has sold the debt to inform the third party, not you. If they give you any grief try a template, there is one mentioned in my own Vanquis thread (I can't post links yet, sorry).

 

In dispute, I don't know for sure... as I'm in the same boat, with the same company, I'd like to find out lol.

 

They can also keep asking you for money, but what they cannot do is back it up with anything - unless they provide the CCA first.

 

Good luck with it bud. Let us know how you get on.

 

H.

[lop]

The debt can be sold I am sure however the OC needs to notify the purchaser of the status of the account, eg Dispute, Bankrupt and so forth.

 

You could request the CCA again, it wont hurt.

[skyblue2027]

Hi there,

 

i have a debt which was chased via CARS last year for Vanquis £500. I had sent in the CCA request but CARS replied back advising to ask Vanquis and returned my P/O. In return i put this account in dispute.

 

Cabot wrote to me 2 months ago chasing the debt so i referred them to CARS as the account is in dispute.

Cabot are not saying they have approached CARS and they have no knowledge of my CCA request! what shall i do next?

[swan1234]

Hi,

 

Both myself and my partner have accounts with vanquis, one for 300 and one for 500 - they sell the debt on very quickly....

 

I keep writing to them telling them i am experiencing financial difficulties, by law i believe if you complain they can't process anything legally for 6 weeks, so i keep complaining.

 

Threaten cars with legal action ... well i have as i was experiencing two letters a day and in excess of 11 calls too.

 

I then wrote to cars and requested a pyament plan agreement, they won't help me but my partner was more successful and offered £5.00 a week which was accepted.

[dx100uk]

by law?

 

how old are these and when was the last payment in/out please

 

dx

[skyblue2027]

OK update on this one.

 

the account was in dispute due to no cca from CARS. I had explained this via a letter to Cabot.

 

They have now replied with some documents from Vanquis which i do not constitute as a CCA.

 

They have sent me:

1. a digital signature application details sheet

2. Credit card agreement and full terms - basically nothing about the credit limit, just has key financial information.

3. copies of all statements vanquis sent before the debt was sold on.

 

i will try and scan tomorrow but what should my next move be?

[Bazooka Boo]

See DX's post above, and answer his questions otherwise we will all go round in circles..

[skyblue2027]

debt is June 2007. last payment made was to C.A.R.S May 2010.

[Bazooka Boo]

When did you take out the agreement?

[skyblue2027]

agreement was taken out june 2007

[Bazooka Boo]

OK did you take this out online?

 

Sorry I was getting confused with the hijack post..!

 

Is the digital signature a tick box? If so these are enforceable, besides the whole unenforceable argument is pretty much a no go now, as a recon version of the agreement can be used, albeit there is a post on here about how you can question recon versions.

 

If this is a tick box agreement and they can provide proof of a relationship between them and you then they will be on a good footing.

 

Is there any charges you can reclaim?

 

If you can scan and post up what they have sent then others will be better able to advise you.

[skyblue2027]

OK did you take this out online?

 

Sorry I was getting confused with the hijack post..!

 

Is the digital signature a tick box? If so these are enforceable, besides the whole unenforceable argument is pretty much a no go now, as a recon version of the agreement can be used, albeit there is a post on here about how you can question recon versions.

 

If this is a tick box agreement and they can provide proof of a relationship between them and you then they will be on a good footing.

 

Is there any charges you can reclaim?

 

If you can scan and post up what they have sent then others will be better able to advise you.

 

I will scan tomorrow but yes the digital signature was in a tick box.

If tyhis is enforceable and they own the debt, i will be more than happy to negotiate with them.

[Bazooka Boo]

Yes tick boxes are enforceable...

 

Are there any charges or PPI on their you can reclaim?

 

Have a read of their letters if they mention "Our client" then they don't own it, either way you should have received notification form the OC informing you they had sold it onto a right bunch of charlies, and then the right bunch of charlies should have written to you (in the same envelope no less!) saying they were now the proud owners of a shiny new lemon...

[RoyalIrish]

Hi skyblue2027,

 

You might find some useful info here:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?302694-Electronic-Signature-for-Online-Applications

 

A few of us have had the same 'Digital Signature Application' rubbish returned to us upon request of a CCA.

 

RI

[skyblue2027]

Hello all,

 

bit of a shock i received a claim form for a Vanquis card debt circa £500. debt started from 2007 and assigned to Cabot apparently in 2011 which is the date they have registered me a default from.

 

I must admit i have sort of ignored this one due to sorting out all the PDL ones i had.

 

Now im worried, how shall i reply?

 

i probably owe the money but have not paid anything since 2008/9 but not sure if i have admitted liability and certainly do not want a CCJ.

 

Any advise what i shouls do? why was i defaulted 4 years late too?

[maroondevo52]

Hi,

 

I've moved your thread to the Legal Forum, hopefully you'll get some advice shortly.

 

Regards,

 

Scott.

[skyblue2027]

thanks Maroon

[dx100uk]

4 threads merged for history

you appears to have last paid this in 2010

previous DCA's have offered 50% discount.

 

so 'something' is wrong with the balance

 

did you ever get the SAR to Vanquis done

 

you also need to fill this out and post the results here please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**