Help..Court papers recieved for CCJ from Cabot for old Vanquis cc

Hullguy · 9 August 2014 at 5:12PM

Hi all,

I am a complete newbie here and so upset at the moment.

Been trying for past 5 years to get a clean credit report and no debt which has been fine till today.

Recieved a claim form from the courts regarding an old vanquis credit card. The card was taken out in 14th July 2008 but due to redundancies was defaulted.

On my credit file it shows the vanquis entry as satisfied on the 18th June and the last entry on the 5th July 2009 shows a balance of £0.

Another entry has appeared for Cabot Financial showing an account start date of the 14th July 2008 and a default that shows a date of 30th June 2010 for a much higher figure (by £300)

I have had the usual threats on the phone from them but advised i dont know who they are and that was that.

Today I have received a Claim form stating the following...
" The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Vanquis dated on or about 14/07/2008 and assigned to the claimant on 23/02/2011 in the sum of ???.??

Particulars a/c no:-4023##########

What should I or can I do? I have seen varied advice. Some saying to reply with Acknowledgement of service and request a CCA from Cabot. and some saying this wont matter.

I feel so bad as next year we are looking to move house and this is going to really mess things up if they get a CCJ

Can anyone help? or give me some advice?

Thank you in advance

Lensman_2 · 9 August 2014 at 5:20PM

It is worth looking further in to defending. Every fact in the particulars of claim can be tested. I.e. the contract, the assignment, (oddly they do not state is has defaulted so you can't test that). And the amounts owing (including that £300).

You might be lucky to find that they fail to find some of that paperwork.

In order to defend you need to get your acknowledgement in on time otherwise they may get judgement by default.

If you do not want to defend, or start to defend but find their paperwork is in order, but can get the money together by the time judgement is issued then you have 14 days to pay (in full) and it will not appear on the register or your credit file.

You should get further good advice from the people on Legal Beagles and/or the Financial Issues forum on Consumer Action Group (CAG).

solentsusie · 9 August 2014 at 5:31PM

Hi there Hallguy

Don't panic! I have just had a very similar thing from Cabot as well so they must be doing a job lot at the moment...

Most people on here are really helpful so you will get some decent advice.

I am confused over the dates you are quoting can you bit a bit clearer please.

Did you start the account on 14th July 2008 and the default date Cabot has is 30th June 2010? But is was satisfied on 18th June (what year? 2009?) on your Vanquis account entry on yoru credit file.

Sounds like there has certainly been an error if Vanquis have it as satisfied and the debt looks to have been sold on. Are you sure it isn't another account you may have had? Best to double check.

You have to reply to the court otherwise you will end up with a judgement against you, but it is up to Cabot to prove you owe the debt to them.

As it states it is satisfied on your credit file I would think you would need to put in your defense that you do not acknowledge the debt to Cabot. I am sure someone will be able to give you some good wording on this.

The court will contact you once you put in a defense, this can all be done online, the details are on the court form you have reveived. It is then up to Cabot to prove you owe them the money.

Can you contact Vanquis and ask why your satisfied debt has been sold on?

Hullguy · 9 August 2014 at 5:43PM

Hi there. I know the debt was defaulted and that was due to redundancy.

The card was taken out 14th July 2008 and I know it defaulted. the credit reports previously showed this and the date of default being 30th June 2010.

At some point this has all changed and the vanquis entry changed to satisfied with a separate account being created for cabot.

This showed the same start date as the original vanquis account but also showed the default and still does show this.
I dont get it I really dont.

solentsusie · 9 August 2014 at 5:59PM

Hullguy wrote: »

Hi there. I know the debt was defaulted and that was due to redundancy.

The card was taken out 14th July 2008 and I know it defaulted. the credit reports previously showed this and the date of default being 30th June 2010.

At some point this has all changed and the vanquis entry changed to satisfied with a separate account being created for cabot.

This showed the same start date as the original vanquis account but also showed the default and still does show this.
I dont get it I really dont.

It can be really confusing, I think they do it all on purpose so that you end up paying them money!!

When the debt is sold on a new account is "opened" in the name of the agency that has "bought" the debt, in this case Cabot.

Does the date of the default show on your Cabot account as June 2010? Or on the Vanquis account? I am presuming Cabot as they are trying to make a claim in the courts after you say the debt was marked as satisfied with Vanquis.

So the account shows as satisfied on your Vanquis account as of the date of 18th June 2009? With last entry 5th July 2009?

I think you need to put all of this in as your defense and see what Cabot come back with - if anything - they may be chancing their luck!

If your have paid the debt to Vanquis (I would be surprised if they marked the debt as satisfied with a £0 marker in the July if you didn't!) then you owe Vanquis nothing, and you owe nothing to Cabot either. It is up to Cabot to prove that this debt is still outstanding and if it showing on your credit report as satisfied with a £0 marker then it looks like they won't have much of a leg to stand on.

But you MUST reply to the court and put in a defense. This can all be done online really easily.

Lensman_2 · 10 August 2014 at 7:05AM

solentsusie wrote: »

If your have paid the debt to Vanquis (I would be surprised if they marked the debt as satisfied with a £0 marker in the July if you didn't!) then you owe Vanquis nothing, and you owe nothing to Cabot either.

Although it is possible that the debt was paid in full, it is also standard practice for original creditors to mark a debt as satisfied and set the balance to zero before "selling" a debt on.

Independent evidence would be needed to prove it was fully paid before that would succeed as a defence.

chanz4 · 10 August 2014 at 8:40PM

as 2008 cca also wont work

fatbelly · 11 August 2014 at 7:27AM

solentsusie wrote: »

It can be really confusing, I think they do it all on purpose so that you end up paying them money!!

When the debt is sold on a new account is "opened" in the name of the agency that has "bought" the debt, in this case Cabot.

Does the date of the default show on your Cabot account as June 2010? Or on the Vanquis account? I am presuming Cabot as they are trying to make a claim in the courts after you say the debt was marked as satisfied with Vanquis.

So the account shows as satisfied on your Vanquis account as of the date of 18th June 2009? With last entry 5th July 2009?

I think you need to put all of this in as your defense and see what Cabot come back with - if anything - they may be chancing their luck!

If your have paid the debt to Vanquis (I would be surprised if they marked the debt as satisfied with a £0 marker in the July if you didn't!) then you owe Vanquis nothing, and you owe nothing to Cabot either. It is up to Cabot to prove that this debt is still outstanding and if it showing on your credit report as satisfied with a £0 marker then it looks like they won't have much of a leg to stand on.

But you MUST reply to the court and put in a defense. This can all be done online really easily.

None of this is a defence. The OP is not saying that he/she paid it. Vanquis put the balance to zero (correctly) on the credit file when they sold it to Cabot.

OP -by all means have a go at finding a defence. But if a clean credit file is so important to you then you may just have to pay this - do so within 28 days after judgement and it does not appear on your file.

Help..Court papers recieved for CCJ from Cabot for old Vanquis cc

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