Cabot/Mortimer claimform - Vanquis Card 'debt'***Claim Discontinued***

[jj2011]

Hi,

 

Wonder if somebody can help.

 

I have received a claim form from the courts.

 

The problem is that I have never received any information about this as the address was incorrect,

it was Flat no, flat name, flat no, road name on their letters

(I checked with them, might not be a good move).

 

 

The claim form had Flat no, flat name, flat no, truncated road name (only half of the name printed).

The rest of the address was incorrect.

 

What is the best route forward with this.

I don't deny owing the monies,

I don't object to paying it back,

 

 

due to circumstances, I left my previous house which I shared with an ex girlfriend, and left lots of paperwork behind.

I have noticed that they are claiming more than the default amount.

 

Just would appreciate some advice on what to do next please.

I did explain that due to the incorrect details when on the phone,

I would look at a formal complaint with the ICO, defend it due to incorrect information and not being given the opportunity to resolve the issue.

 

 

They said something about an order that if it was stuck to, it wouldn't appear on my credit file,

but if I broke it, the claim would be put back in to court.

 

Please can somebody advise me the best way forward.

 

Many thanks in anticipation.

[dx100uk]

please fill this out nd post the results here:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[jj2011]

Name of the Claimant ? Cabot Financial

Date of issue – 5th May

What is the claim for – By an agreement between Vanquis Bank Ltd (VANQ) & the Defendant

on or around 22/7/2009 ('The Agreement') VANQ agreed to issue the Defendant with a credit card upon the terms & conditions set out therin.

In breach of the Agreement the Defendant failed to make the minimum payments due &

the Agreement was terminated.

The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 645.71

What is the value of the claim? £645+ £130 costs (court/solicitor fee), although default amount is for £540

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

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

It was 2009. Just checked my credit file. It doesn't show date of last payment. This information is not showing on my file.

 

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. Debt purchaser issued claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? I have not received a notice of assignment

Did you receive a Default Notice from the original creditor? No, I had moved a couple of times after a relationship break up

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No I have never received one

Why did you cease payments? Financial difficulties while in previous relationship

What was the date of your last payment? I believe it was 2010 but unsure of the date

 

Was there a dispute with the original creditor that remains unresolved? no disputes

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No. Stupidly I didn't

 

Thank you for your reply.

 

 

I have answered the questions in bold.

 

 

Just realised, it might have been borderline Statute Barred,

but because I have spoken to the solicitors, it will restart the clock won't it?

[dx100uk]

no telephone comms counts for nowt.

 

dx

[jj2011]

Full particulars read like this (exact wording). The claimant being Cabot Financial, and the address for documents & payments being Mortimer Clarke. Should I send a CCA to Mortimer Clarke or to Cabot? I dont have any agreement numbers though, only the Claim No. Should they be able to trace using this? Many thanks

 

By an agreement between Vanquis Bank Ltd (VANQ) & the Defendant on or around 22/7/2009 ('The Agreement') VANQ agreed to issue the Defendant with a credit card upon the terms & conditions set out therin. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 645.71

 

Just read the CCA Details, and should go to the Solicitors.

 

Many thanks

Edited May 11, 2015 by jj2011
Found info I needed

[jj2011]

Sorry, another question. I have just tried looking at my credit file on Noddle and Equifax. For some reason, there is no credit history about this debt from prior to 2011. No info about payments etc, just shows Cabot and a default date of July 2011. Is this correct that this history doesn't show at all?

 

I also noticed that in 2012 for a period of 10 months they added between £5 and £7 to my balance. Again, are they allowed to do this? I am really unsure about what they can and cannot do but I know they can be sneaky in their tactics.

[dx100uk]

regardless to what the claimform says..

 

 

CCA request to the Claimant

£1PO leave it blank don't sign anything

credit card CPR 31:14 from the legal section of the top green library tab

 

 

I wouldn't worry about the CRA file.

 

 

.............

 

 

there no harm in ringing vanquis and asking last payment or usage.

 

 

dx

[jj2011]

Many thanks for the help so far.

 

CCA s78 filled in

CPR31:14 filled in

 

Printer ran out of ink! arghh, so will print at work and post off this afternoon 1st class recorded.

 

Moneyclaim website isn't working either, so can't register defence online, so will post that first class today also.

 

Think I got slightly mixed up with my dates also. It would be SB at the end of this year. For some reason I had it in my mind as 5 years, not 6.

 

Will keep you posted on the response I receive and for the next steps forward.

[AndyOrch]

Moneyclaim website isn't working either, so can't register defence online, so will post that first class today also.

 

Whats your defence.?.....whats the rush you have another 26 days yet.

 

Andy

[jj2011]

Sorry, I meant register my intension to defend, not to actually put the defence in. All paperwork sent 1st class recorded yesterday.

 

Need to see what/if they come back with anything.

[jj2011]

Paperwork was delivered and signed for yesterday. The clock is ticking.

 

Just wondering if I made a mistake though. I sent it to Mortimer Clarke, should I have sent it to Cabot?

Think with the pressures with work adding to this, I am confusing myself.

[jj2011]

Hi again, after my first original call, before I posted, the order that they referred to was a Tomlin order.

 

Received this, with the address on the cover letter (address spelt incorrectly), and the order address spelt incorrectly.

They had half the road name, on, which is total incompetance on their part (Mortimer Clarke)

 

I had sent off the CCA etc to Mortimer Clarke, as explained above,

should I hold fire to see what they come back with.

They gave me 7 days to respond/receive advice, but I never received this until Wednesday, so 7 days isn't practical.

 

Should I have sent the CCA to Cabot rather than Mortimer Clarke? Please advise.

 

Many thanks

[AndyOrch]

Would have been better to the Claimant...but not is all lost as they should pass the request on.

 

Andy

[jj2011]

To be sure, I posted the same info to the claimant.

 

 

I honestly don't object to paying the original debt off, but I do object to the incompetancy and also the extra charges placed!

 

 

Is it worth sending a letter off to Mortimer Clarke to say the figures are disputed so no order will be signed until it is resolved?

[AndyOrch]

By all means its in your interest to negotiate a mutually acceptable Tomlin Order.

[jj2011]

Thank you I will contact them and see if something mutual can be sorted out. I will pay it if it can be mutually worked out. Appreciate all the advise offered from everyone.

[dx100uk]

I'd poss wait until they produce [if they can]

the enforceable agreement

you have till 5th june....

 

 

dx

[jj2011]

Sent of the relevant documents to Cabot on Saturday but it isn't showing as delivered/signed for. Should I resend these? Just mindful of time limits.

 

Many thanks

[dx100uk]

what time limits?

 

 

dx

[jj2011]

From the date of the court issue (5/5/15). Mortimer Clarke deny receiving any forms, although I got a signature. Cabot is still "Going through the Royal Mail System".

 

By my calculation, I have until 7th June to submit defence. What happens if I don't get anything back from either of the companies?

[dx100uk]

you file the no paperwork/holding defence

widely available on many threads here regardless on time.

 

 

dx

[jj2011]

Thank you. I will do that nearer the day

[dx100uk]

Pop it up and well check it

[jj2011]

Will do. Been away for a few days, and no response from Mortimer Clarke, no response to an email chasing the CPR31:14

 

They received this on 13th May. What should I do now? Send a reminder by recorded post?

 

I think I might have inadvertantly sent the CPR for current account Is it best to send off a new correct request immediately, incase I have?

 

God, sometimes, I could kick myself for not being more careful

[dx100uk]

CCA is the important one

they must respond if not holding/no paperwork defence time

 

 

dx