Cabot claimform received for merged vanquis/MBNA 'debts'***Claim Discontinued***

[mikecymru]

Hi

 

can someone help please?

 

i have received a claim form on dated 15th september from Northhampton court, the claimant is Cabot Financial.

 

They claim a large sum almost 4K - This one is old.

Dated 1999.

It does not show on my credit file at all.

 

secondly a smaller amount of 1K which does show on my file and dated 2010.

 

The second one was with vanquis but I dont recall an assignment letter from cabot.

 

I'd like to defend the first on the grounds of statute barred. and the second on incorrect assignment on no proof of assignment.

 

Am I on the right lines here and what do I need to next.

 

 

I am concious that the clock is ticking to acknowledge service.

 

 

Can someone give me a quick burst of advice please??

 

Thanks

 

M

[Stigman]

Hi,

 

Can you please post up the P.O.C. so others can not only fully advise on the above but also on what Cabot are using as their summary of grounds for litigation.

 

Have you acknowledged this by MCOL yet?

 

Can you also please fill this page out by clicking on the link and then copy and paste back here please...

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

 

Stigman

[mikecymru]

Hi stigman,

 

thanks for the reply, I have answered below to the best of my knowledge right now.

I was in the process of acknowledging service but got stuck on - defending all or part of claim. and contesting jurisdiction.

 

Thanks very much for your help.

 

Name of the Claimant ? Canot financial services LTD

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 15th September

 

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant claims payment of overdue balances (set out below) which the defendant has failed to pay as required under contracts with the following particulars Acc no.XXXXXX and ACC..XXXXXXX between the defendant and (credit card company) and (Credit card company) dated on or about 16/08/1999 and 12/05/2010 respectively. The contracts were assigned to the claimant on 28/01/2004 and 11/07/2012 respectively.

 

What is the value of the claim?

acc 1 - 4K

acc 2 - 1K

 

Is the claim for a current or credit/loan account or mobile phone account?

Credit card

 

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

Acc 1 - before 2007

Acc 2 - after 2007

 

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.

account assigned and debt purchaser has issued both claims

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Not certain - (moving house and the like over the last few years)

 

Did you receive a Default Notice from the original creditor?

(Yes I think so, but its long time ago now)

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

I dont think so for the first one, not sure on the 2nd.

 

Why did you cease payments:-

Redundancy and drop in earnings.

 

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

not sure how to answer this one? (dispute over amount or default, then no.)

 

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

No.

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant - Not sent yet.

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

Request 2 - Current accounts

 

You may use a CPR part 18icon request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.

 

If you require CPR Part 18 - this will need to be drafted specifically.

 

If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form

 

If you are considering making a partial admittance N9b must be completed and returned to the court.

Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.

[Andyorch]

Thread moved to Financial Legal issues.

 

Andy

[Andyorch]

"I was in the process of acknowledging service but got stuck on - defending all or part of claim. and contesting jurisdiction."

 

You must acknowledge service by the 3rd October...to have any possible chance of avoiding a CCJ you must defend all and you dont tick contest jurisdiction.

 

Regards

 

Andy

[dx100uk]

so these are both vanquis credit cards?

 

 

dx

[mikecymru]

Thanks Andy - I will acknowledge service today.DK - no, ones a very old MBNA and the new one (Smaller amount is a vanquis)M

[Andyorch]

Get your CCA and CPR requests away also if not already.

[citizenB]

Your timeline is as follows : -

 

Issue date 15.09.2014 + 5 days for service = 19.09.2014 + 14 days to acknowledge = 03.10.2014 + 14 days to submit defence = 17.10.2014

 

 

As andyorch has already advised, you must acknowledge the claim by 3rd October.

 

Send off the CPR and CCA requests asap.

 

 

The claimant claims payment of overdue balances (set out below) which the defendant has failed to pay as required under contracts with the following particulars Acc no.XXXXXX and ACC..XXXXXXX between the defendant and (credit card company) and (Credit card company) dated on or about 16/08/1999 and 12/05/2010 respectively. The contracts were assigned to the claimant on 28/01/2004 and 11/07/2012 respectively.

 

The account that was opened in 1999 and assigned in 2004 - Is this the MBNA account ? Were you in a payment arrangement plan for them to have waited so long to issue a claim on this ? When was the last payment made to this particular account?

[mikecymru]

Hi all

I've sent my CPR and CCA requests but I didn't get anything back yet. I need to submit my defense today. What should I do, can I buy more time?

Thanks

[mikecymru]

I had been paying Cabot but tbh I had a few accounts and I have no paid anything in at least 4 to 5 years.. I'm not sure which this one is. All I know is its not on my file .

[dx100uk]

look at the recent threads In the forum you are in now

 

 

andyorch did two yesterday.

 

 

no paperwork/holding defrnce.

 

 

you must file by midnight via MCOL

[citizenB]

Hi all

I've sent my CPR and CCA requests but I didn't get anything back yet. I need to submit my defense today. What should I do, can I buy more time?

Thanks

 

Why on earth did you not remind us sooner.... have you made any attempt at drafting a defence by looking at other threads ? There is no way you can "buy" more time, it is too late at the 11th hour.

 

I will ask andyorch to look in on your thread, it wont be until a bit later on this evening - you have until midnight to submit, I think.

[dx100uk]

post 1 here isa start

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?431941-Carter-Lowells-Claimform-Vanquis-debt-s-***-Claims-Dismissed***

[mikecymru]

post 1 here isa start

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?431941-Carter-Lowells-Claimform-Vanquis-debt-s-***-Claims-Dismissed***

 

Do I need to type something similar ? And sorry it's late on the day

[dx100uk]

not an issue you have till midnight.

 

 

number the points in their PoC

 

 

then do a reply based on each number using the example.relevent to that part.

 

 

dx

[Andyorch]

Have you attempted a defence mike?

 

Andy

[mikecymru]

Have you attempted a defence mike?

 

Andy

 

Honestly no.. I don't understand the terms and jargon you are using... So looks like I'm stuffed...

[Andyorch]

Particulars of Claim

 

1The claimant claims payment of overdue balances (set out below) which the defendant has failed to pay as required under contracts with the following particulars Acc no.XXXXXX and ACC..XXXXXXX between the defendant and (credit card company) and (Credit card company) dated on or about 16/08/1999 and 12/05/2010 respectively.

 

2.The contracts were assigned to the claimant on 28/01/2004 and 11/07/2012 respectively.

 

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 denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the xxxxxxxx .To date I have had no response.

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request. To date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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 credit Act 1974.

 

6. 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

 

 

 

 

 

 

Complete the dates of your CCA and CPR within the defence and copy and paste into MCOL.

[mikecymru]

Thankyou andy,

 

Its done, I couldnt log in to the mcol web...the password doesnt work I tried a million combinations... I did however email to the MCOL email address which I think is valid.

 

My apologies for putting you under pressure...

 

mike

[Andyorch]

Main thing is you got it in on time...stopped default judgment.

[mikecymru]

Main thing is you got it in on time...stopped default judgment.

What should I do next ? Should I re submit cca and CPR? Or wait? Thanks

[Andyorch]

No you only request them once......you need to spend a little more time here now reading other similar threads to get a grasp of the process and what to expect.

[citizenB]

Phone the court on Monday to confirm that your defence has been received.

[mikecymru]

Phone the court on Monday to confirm that your defence has been received.

It was received, I got an acknowledgement from the court and today I received a discontinuation notice...

 

All over now???