Cabot/Restons Claimform - 1st Vanquis Card debt - Stayed now resurfaces ***Claim Discontinued***

[bigtrouble2017]

this is the amended particulars.

They have included the spreadsheet again but this time credits are highlighted in red.

They have also included the default notice and credit agreement as before.

Does this supersede all other documents sent previously?

Thanks again.
 

Amended - Restons 1.pdf

[bigtrouble2017]

Hi again, just a quick question but am I right in thinking that I should hear something today/tomorrow as the claimants information had to be in by the 18th May (Today)?

Thanks again for all the help.

[AndyOrch]

See my post #19

[bigtrouble2017]

OK Andy, thank you.

[AndyOrch]

So if their new particulars offer nothing new...you can stand by your initial defence....if they throw up something new you have permission to submit a further defence by the date stated.

[bigtrouble2017]

Thanks Andy, much appreciated.

 

[AndyOrch]

I have not had time to read the fresh particulars......is there anything that concerns you ?

[bigtrouble2017]

Hi Andy, some of it does seem vague. 

1. The claimant’s amended particulars of claim for the amount of £3,913.91 fail to disclose a full breakdown of costs, either from the ‘Spreadsheet’ of transactions or from the ‘Default Notice’
2. Calculated amounts in spread sheet do not tally with the default notice.
3. In reference to Paragraph 4 of the claim breakdown the sum of £3,394.13 does not reflect the claimants claim in Paragraph 8.
4. There is no account breakdown for the difference for the “outstanding balance of £3,285.30” mentioned in Paragraph 5 and the “Claimants claims:” for “The sum of £3,393.91 being the sum outstanding” in Paragraph 8.

Some things that caught my eye and feel are pertinent to the case? 

[AndyOrch]

Amount claimed: £3393.91

 

What is the total value of the claim? Total amount: £3658.91

 

So the diff is the claim issuance fee and Solicitors fee...= £265.00 ?

[bigtrouble2017]

Sorry Andy, on the first page just below 'Dear Sir' I had blacked out some info which included the current balance of £3913.91. My mistake.

 

The outstanding sums in P4 and P8 should match?

[AndyOrch]

Thats irrelevant .....only the figures on the N1/ Particulars can be the amount awarded if they get judgment......and possibly costs at the discretion of the court.

[bigtrouble2017]

yes absolutely right.

There is still a discrepancy if my calculations are right with the amount via the spread sheet and the default notice?

 

Also would I expect to hear something today as Claimant cutoff was 4pm Yesterday?

Thanks again.

[AndyOrch]

No...because they have complied with the order and sent you their amended particulars. (Post #27 above)

[bigtrouble2017]

is there any advice you may feel is significant that you can give me that may help in this case above and beyond my original defence?

Thanks

 

[AndyOrch]

Let me run through it again later and lets see...the exhibits they refer to above in their new particulars.....have you uploaded them and are they already here on the thread ?

[bigtrouble2017]

my last upload was the only extra information in respect of their 'Particulars of Claim'.

They did send the same copy of the credit agreement but only the front and back and the 'Default Notice' again and the spreadsheet of transactions, although this now showed credited amounts in red but no reference to the original lender.

Also a 'Welcome to Cabot' letter dated the 7th April 2016.

Also whether this has any relevance, in paragraph 6 the claimant states that “Vanquis assigned it’s rights under the Credit Agreement to the Claimant on the 11 March 2016”.

 

This was actually already in dispute prior to this date with ‘Moorcroft Debt Recovery” with a letter to them informing them of this and sent by myself on 13th May 2015 which the claimant was informed about and has a copy of.

[AndyOrch]

I only need to see what they refer to in their new particulars....as anything else cannot be relied upon as evidence......unless they introduce it into their witness statement at the next stage.

 

'KMOI

'KMO2

"KMO3

"KMO4

 

If you could just redact/ upload the above 4 here for easy reference.

[bigtrouble2017]

As requested.

Thanks

KM02.pdf KM04.pdf

 

 

KM01.pdf KM03.pdf

[AndyOrch]

Ill run through it this evening and see if you need to submit an updated defence.

[bigtrouble2017]

Thanks Andy much appreciated.

[dx100uk]

dob in km01

card number in km03 removed 

please reupload

[bigtrouble2017]

I took another look at the spreadsheet that they are using as evidence and there is clearly a discrepancy in the figures, which doesn't equate to the 'Notice of Default' figure.

I'm guessing this can be an edition to my defence?
 

Also the date of the 'default notice' falls before the end of transactions on the spreadsheet, which impacts on the figure highlighted as 'Your Account Balance is:' although this still does not tally if the extra days of charges on spreadsheet are not included.

Any advice much appreciated.

[AndyOrch]

Can you state some figures in the anomalies.....not forgot you.......

[bigtrouble2017]

Pre Default Notice - Until 15/02/2015 - last transaction 5 days prior to Default Notice.
Total I get at £3260.72

Post Default Notice - From 12/03/2015 to 15/03/2015 and 24 days after Default Notice.
Total I get at £3369.33

Does this bring into question the spreadsheet? 

The amount was always in dispute with the original collector Moorcroft along with the Credit Limit, as Vanquis had expressed to me over the phone that they would not charge interest and would freeze my account so as not to incur any more charges. (Hearsay I know)

Totally get you're busy, so no worries.
As always thanks again for all your help.

Spreadsheet Transactions.pdf

[AndyOrch]

okay  thanks.....from their witness statement ..verbatim..

 

The Defendant breached the terms of the Credit Agreement and as a result Vanquis served a Default Notice pursuant to Section 87 (1) of the Consumer Credit Act 7974. Exhibited to these Particulars of Claim at "KMO3" is a copy of the Default Notice served on the Defendant under cover of letter dated 20 February 2015. The Default Notice required repayment of the arrears of £262.44 by 11 March 2015, failing which the then outstanding balance of £3,285.30 would become due. The Defendant failed to comply with the Default Notice and accordingly the account was terminated and the full outstanding balance fell due.

 

8. And the Claimant claims: (i) The sum of £3,393.91 being the sum outstanding under the Credit Card facility and referred to above.

(ii) Costs in accordance with CPR 44.5.

 

The N1 states total amount claimed  £3658.91 so an increase of £265 not accounted for in their statement ?