Cabot/Wright Hassell Claimform Vanquis 'debt'

[kjun]

Hi guys need some assistance helping my elderly neighbour with this claim and who is regrettably not very computer literate.

 

The debt is an old Vanquis card.

 

I have filed the AOS online for him and sent the CCA to Cabot and CPR request to Wright Hassell.

 

I have not drafted a Defence yet as its early days but would appreciate your views on anything else I should do/be doing at this time??

 

Actually not sure if there is a Defence as such to this but am rather hoping that the DCA will have trouble obtaining the CCA

as the account was opened in 2006 and presumably this will be required to enforce any claim??

 

Name of the Claimant ? Cabot Financial UK Ltd

Date of issue – 11/05/15

What is the claim for

 

POC (including spelling mistakes)

 

Claimants Claim is for debte arising from Consumer Credit Act 1974 Agreements.

The Claimant is an Assignee of the following debts ,

notice of the assignment having been given to the Defendant in writing.

Vanquis Credit Card a/c xxxx 1654.xx.

 

 

Despite demands for payment the above sums remain due.

 

 

The Claimant therefore claim the sum of 1644.xx interest under s69 County Courts Act 1984 and costs.

 

What is the value of the claim? £1839xx

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? Before

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. It is the debt purchaser in this case Cabot Financial UK Ltd

Were you aware the account had been assigned

– did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? - Possibly

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? - Financial Difficulty

What was the date of your last payment? Aug 2010

 

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

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

[unclebulgaria67]

I think I would be getting hold of all statements of account to see what charges have been added and whether there was any PPI. The Vanquis cards from what I understand, are for small amounts of credit and for the debt to have reached £1644, it must includes loads of charges. Also I wonder whether they increased the interest rate.

 

SAR to Vanquis ?

 

Perhaps ask to Wright Hassel via a Part 18 for them to detail what fees/charges were included by Vanquis in the £1644 they have stated.

 

They would need the original CCA or a copy of it, plus copies of changes since it was was issued.

[kjun]

Thanks UB SAR to Vanquis sounds a idea as I suspect you are right about charges and /or PPI as he states he thinks the limit on the card was around £1000.

 

 

By original CCA or copy of it would that be a signed copy of it or just a copy showing the contents?

[dx100uk]

they'll need the signed copy

as I assume he will not have taken this out online:lol:

 

as you say.

 

dx

[kjun]

Thanks DX I would assume not either but I will confirm that with him as I presume it makes a difference??

 

 

Will post back when I get a response from either Cabot/Wright Hassell or Vanquis for the SAR and hopefully you can assist me assist him with the best way forward.

[kjun]

Ok so standard response received from Cabot following the CCA request stating they will provide this within 40 days, no response from Wright Hassell yet in relation to CPR request.

 

 

I have not been able to establish if this was an online application as Defendant is not certain either way and it's possible that his (now sadly departed) wife may have done this as she was apparently more PC savvy...

 

 

No Defence filed yet but will need to think about that soon, claim issue was 12 May, AOS already done, however the POC are in my opinion poorly worded and rather vague so not sure how to approach this.

 

 

Should I approach Wright Hassell / Cabot asking for an agreed extension to file a Defence until documents are provided or file one anyway based on what I have?

 

 

Opinions most welcome guys.

[dx100uk]

no never give them more time to magic up paperwork.

 

 

twill be the std no paperwork/holding defence

if they cough up nothing paperwork wise.

 

 

dx

[kjun]

Thanks DX that makes perfect sense as drafting one without the paperwork would not be easy.

 

 

Is there a template on site for a standard holding Defence or any guide as to the wording of this for when I come to do this which probably will be the back end of this week (its 33 days from claim issue of 12 May if AOS filed is it not??)

 

 

Thanks

[dx100uk]

4pm by 12th

 

 

lots of examples here and in the

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

forum

 

 

post up your thoughts

quite a while yet..

 

 

dx

[kjun]

Ok so have cobbled this together from other holding Defences.

 

 

I have not referred to paragraphs as the POC are not in that format (they are a mess really and actually only refer to a claim for interest they are taken literally).

 

One point to note is that despite sending the CPR request recorded this has not been delivered if the tracking is correctly updated, should I send it again to Wright Hassell?

 

Would DX or someone else mind casting a trained eye over this and suggesting where any amendments would be?

 

 

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. I am unaware of any assignment between the claimant and Vanquis or what the account number in question refers to.The claimants particulars are vague spurious and lacking any precise reason or nature of claim.

 

3. I am not aware of any assignment as stated above or any requests for payments.I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

 

It is my understanding and pursuant to the CCA 2006 amendments that the claimant is prevented form any enforcement during this lack of service.

 

4. The Claimants have failed to plead the correct method of section 69 interest or any calculation at all.

 

5. Notwithstanding the above on receipt of the above claim a request for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14.The requests were made on 19th May 2015 by recorded delivery and signed for by the claimant on 20th May 2015. To date I have received no response or acknowledgement from the claimant’s solicitor.

 

The claimant is therefore in default of the statutory 12 days.

 

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

 

7.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 Property Act and Section 82A of the Consumer Credit Act 1974

 

It is denied with regards to the Defendant owing any alleged monies to Cabot Financial UK. The 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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

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

 

8.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.

 

9. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim without further clarification/disclosure

 

Statement of Truth

 

I believe that the facts stated in this Defence of claim to be true

[dx100uk]

post 62

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?438495-HELP!-XMAS-Claim-from-CABOT-WRIGHT-HASSALL-CLAIM-for-old-EGG-Card/page4

 

 

dx

[kjun]

Ok thanks for that again DX I have re-done a draft Defence and welcome your thoughts.

=============================================================================

 

 

POC For Reference

 

 

1. The Claimant's claim is for debt(s) arising from the Consumer Credit Act 1974 Agreement(s).

 

2. The Claimant is an Assignee of the following debts, notice of the assignment having been given to the Defendant in writing.

 

3. Vanquis Credit Card. Account no.xxxxxxxxxxxxxxxx £xxxx Despite demands for payment, the above sums remain due.

 

4. The Claimant therefore claims the sum of £xxxx interest under s.69 County Courts Act 1984 and costs.

 

 

 

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. Paragraphs 1 & 3 are noted I have in the past had financial dealings with Vanquis but I am unaware of any balances outstanding.Vanquis have not contacted me with regards to any alleged arrears for a number of years.

 

3.Paragraph 2 is denied. I am not aware of any assignment as stated above or any requests for payments.

I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

It is my understanding and pursuant to the CCA 2006 amendments that the claimant is prevented from any enforcement during this lack of service.

 

4.Paragraph 4 is denied the Claimant has failed to plead the correct method of section 69 interest or any calculation at all.

 

5.Notwithstanding the above, requests for information pursuant to the consumer credit Act (section 78) and CPR 31.14 were made.The requests were sent on 19th May 2015 by Recorded Delivery Post. To date I have received no response or acknowledgement from the claimant’s solicitor.

 

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

 

7.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 Property Act and Section 82A of the consumer Credit Act 1974

 

It is denied with regards to the Defendant owing any alleged monies to Cabot Financial UK Ltd.

 

The 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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

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

 

8.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.

[Andyorch]

Defence checked...slight alteration in red.

 

Andy

[dx100uk]

great thanks andy

 

 

dx

[kjun]

Thanks DX & Andy much appreciated.

 

 

The CPR request was sent recorded on 19 May however tracking shows it still at the local post office having never left there!!

 

 

Should I send Wright Hassell another one at this time?

[dx100uk]

no

that's often what happens with DCA's / sols

[kjun]

Sorry should have been more specific Royal Mail tracking says it still at my local post office and has not made it's way anywhere else (thanks Royal Mail)

 

 

You can't even report it as lost until 15 days have gone by....

[kjun]

Ok guys update on this.

 

 

Standard reply from Cabot stating they will obtain agreement from original creditor- not yet received.

 

 

Standard reply from Wright Hassell stating CPR 31.14 will not apply due to small claims track however are requesting copies of relevant documentation. State they have not receive s,78 request but of course they would not have done as I sent that to the Claimant, Cabot.

 

 

Further letter from Wright Hassell that their client is willing to take a "commercial view" on the matter and offering 10% discount to obtain a swift resolution and "willing to take affordable and realistic instalments" is this a standard offer do you think?

 

 

What they are offering is a Tomlin Order agreement as the letter states it will bring the matter to a conclusion without a CCJ being filed.

 

 

Directions Questionnaires filed by both parties and would expect mediation next.

 

 

I know at this point there is plenty of time left for settlement, not least at mediation, however their early offer to settle makes me think one of two things, either they want to avoid a hearing from a cost saving perspective which I understand as we do that where possible, or that the case may not be as strong as they make out.

 

 

I have advise my neighbour of this and of course the choice of settlement or leaving it for now is theirs but am aware the knowledge and expertise as well as experience of the posters here is invaluable and would welcome your thoughts.

[dx100uk]

The. Latter

Pay us something before we have to disc.

 

DX

[Andyorch]

I personally would give the Tomlin Order some consideration...just because a claimant offers ...does not necessarily mean their case is weak and most probably is down to a commercial decision.

 

Dont forget if this does proceed to trial your neighbour will be in control...not you....and may not be able to proceed with the defence alone.

 

Regards

 

Andy

[kjun]

Thanks Andy and yes I see from a costs perspective it is beneficial to both parties really to settle before hearing.

 

 

I think there is no danger in allowing to proceed to mediation and in the meantime I will ask for a breakdown of account as the credit limit on this card was £1000.00 from documents my neighbour provided so would like to see what the other near £600.00 is made up of as may provide some leeway at mediation if it's all charges.

 

 

Also have a copy of letter sent by my neighbour in 2010 to the oc (Vanquis) asking they freeze charges and interest and while my neighbour made token £1 payments to them for a few months these ultimately stopped but there is no proof of postage so don't think it's much use now.

[Andyorch]

Its at the creditors discretion as to freeze interest...but you should be questioning the xtra £600