Cabot Financial/Restons claimform - Vanquis card 'debt'

[123billyb]

Hi,

 

Just signed up looking for some advise on a 4 year old debt that was originally owed to Vanquis.

 

Not going to bore you on the why's and wherefores of how the debt came to be

but 2 years ago it was sold onto Cabot financial Services who's letters I have ignored.

 

A few weeks back I received a claimform informing me that Restons Solicitors are taking me to court for the debt on behalf of Cabot Financial Services.

 

I responded to the claim online on the 15th Sept

stating I have no recollection of owing any debt to Restons Solicitors or its clients

and have asked them to send me copies of signed agreements relating to their claim.

 

I also sent a letter using the templates online to Restons Solicitors enclosing a £1 PO

stating I do not acknowledge any debt to them or their clients and for them to send me a copy of original agreement with Vanquis,

a full statement of account, a signed copy of assignment to Cabot Financial and any other associated documents within 14 working days of receiving my letter.

 

I received a letter 4 days ago from Northampton CCBC dated for the 15th Septemebr acknowledging receipt of my defence

stating the claimant or their solicitor may contact me direct to resolve the matter

and if the matter can not be resolved informally, the claimant will inform the court that he wishes to proceed.

The court will then inform me what will happen.

 

 

It also states that if the claimant has not contacted the court within 28 days of receiving a copy of my defence, the claim will be stayed.

If they want to pursue it after that date, they will need to apply to a judge for an order lifting the stay.

 

I have received a letter today dated 24th September from Cabot Financial saying if I want to close the account,

they will offer me a 75% discount on the debt (£711.96 payable from £2847.87 which includes all the added charges)

and I have 14 days to take them up on the offer.

 

I have not received any of the documentation I requested from either Cabot Financial or Restons solicitors

and the 14 day payment offer they have made goes over the time-frame I gave them to supply me with copies of the original documentation.

Also the expiry date of their offer is very close to the time they need to inform Northampton CCBC of any further actions they wish to take.

 

They say you should never presume but would I be right in thinking they do not have any copies of original signed documents

I requested as surely if they did, they would be sending me them rather than an offer to only pay 25% of the final debt figure?

 

Also should I still contact Restons Solicitors after the 14 days (plus 3 for post) has expired if they have still not sent me any of the information I have requested?

 

Finally if their claim gets "Stayed", what exactly does that mean?

 

All advise will be much appreciated.

[citizenB]

Stayed, simply means it will be put on hold pending further instruction from either party to the claim.

 

I would have thought that any offer to close the account would need to be sent by the solicitor and not Cabot themselves, as there is a claim in progress. It is my understanding that would take the form of a Consent order.

 

I wonder if the Cabot department which has sent that offer are not aware there is a claim in progress !

[citizenB]

I have moved you to the Legal Forums and will ask someone to pop in and advise.

 

You do not need to do anything regarding the thread move.. it is purely administrative.

[dx100uk]

75% discount means PENALTY charges or PPI [ROP] needs reclaiming.

 

 

give us something

before we have to discontinue our claim.

 

 

as we have no proof you owe anything

and as you've defended the claim

its upset our play at trying to get a default non contested judgement.

 

 

dx